definiens: or means the ( a ) with respect to Know - How, Patents and Regulatory Documentation or otherintellectual property rights, possession by a Party ( whether directly or indirectly and whether by ownership, license or otherwise ) ( other thanby operation of the license and other grants in Article 9 ) of, ( 1 ) with respect to any tangible Know - How, the legal authority or right to physicalpossession of such tangible Know - How, with the right to provide such tangible Know - How to the other Party on the terms and conditions setforth herein, or ( 2 ) with respect to Patents, intangible Know - How, Regulatory Documentation or other intellectual property rights, the legalauthority or right to grant a license, sublicense, access or right to use ( as applicable ) ( including the right to reference RegulatoryDocumentation ) under such Patents, intangible Know - How, Regulatory Documentation or other intellectual property rights to the other Partyon the terms and conditions set forth herein, in each case of ( 1 ) and ( 2 ) without breaching the terms of any agreement with a Third Party, or(b ) with respect to any product or agent, the exclusive right ( whether by ownership or exclusive license ) to develop and commercialize suchproduct or agent in any Major Market