definiens: as that phrase is defined in Public Law 108 -53 ( the ) . In the event that either Party to this Agreement intends to overcome a rejection of a claimed invention within the Adaptive Platform IP and/or [COMPANY] Collaboration IP pursuant to the provisions of the Create Act, such Party shall first obtain the prior written consent of the other Party . Following receipt of such written consent, such Party shall limit any amendment to the specification or statement to the patent office with respect to this Agree ment to that which is strictly required by 35 USC § 103(c ) and the rules and regulations promulgated thereunder and which is consistent with the terms and conditions of this Agreement ( including the scope of the Research Program activities ) . To the extent that the Parties agree that, in order to overcome a rejection of a claimed invention within the Adaptive Platform IP and/or [COMPANY] Collaboration IP pursuant to the provisions of the Create Act, the filing of a terminal disclaimer is required or advisable, the Parties shall first agree on terms and conditions under which the patent application subject to such terminal disclaimer and the patent or application over which such application is disclaimed shall be jointly enforced, to the extent that the Parties have not previously agreed to such terms and conditions . In the event that [COMPANY] enters into an agreement with a Third Party with respect to the further research, Development or Commercialization of a Licensed Product, the Parties shall in good faith discuss whe ther Adaptive shall similarly enter into such agreement with such Third Party