definiens: means a Target ( i ) that is listed on Exhibit 1.40 attached hereto ( unless subsequently removedfrom such Exhibit by [COMPANY] in its sole discretion ), ( ii ) that is subject to Third Party rights under any agreemententered into by [COMPANY] or its Affiliate that is in full force 5CONFIDENTIAL EXECUTION COPY and effect, ( iii ) that is excluded from [COMPANY] ’ rights under the Yale Agreement, [ * * ], or if such achievement occurredprior to such period, [COMPANY] or its Affiliate is then committed in a board approved internal budget to pursue furtherdevelopment of such a PROTAC for its and/or its Affiliates ’ own benefit, in each case of clauses ( i ), ( ii ), ( iii ), ( iv ) or(v ), as of the time of [COMPANY] ’ receipt of notice from [COMPANY] pursuant to Section 2.10.2(b ) regarding Genentech’sExpansion Notice or Substitution Notice, whichever is applicable, for such Target and as can be documented byreasonable proof by [COMPANY]