definiens: means the Facet Know - How applied, [ prior to the [ * J Opt - Out Effective Date or the effective date of termination of this Agreement by Facet under [ * J Section 14.3 or by [COMPANY] under Section 14.2(a)J, as applicable, or [ after the Opt - Out Effective [ * ] Date or the effective date of terminationJ, as applicable, [ to the extent such application of Facet [ * J Know - How was specifically contemplated in the Development Plan current as of the Opt - Out [ * J Effective Date or the effective date of tenninati onj, as applicable, to the Development, [ * J Manufacture, use, importation or Commercialization of ( a ) in the case of an Opt - Out, a Royalty Product in the Field that, [ as ofthe Opt - Out Effective Date, is in active clinical development or is [ * J being Commerciali zed in the Field ], or ( b ) in the case of a termination of this Agreement [ by [ * J Facet under Section 14.3 or by [COMPANY] under Section 14.2(a)J, a Product in the Field that, [ as of [ * J the effective date of such termination, is in active clinical development or is being [ * J Commerc ialized in the Field ] . [ * J 1.48 means the Facet Patent Rights that claim [ the [ * J composition of matter, manufactur e or use of ], or that would otherwise be infringed, absent a [ * J license, by [ the manufacture, use or sale ofJ ( a ) in the case of an Opt - Out, a Royalty Product in [ * J the Field that, [ as of the Opt - Out Effective Date, is in active clinical development or is being [ * J Commerciali zed in the Field, as such Royalty Product existed as of such date or, for a Royalty [ * J Product in active clinical developm ent, is further developed as specificall y contemplated in the [ * J Development Plan current as of the Opt - Out Effective DateJ, or ( b ) in the case of a termination [ * J of this Agreement [ by Facet under Section 14.3 ], a Product that, [ as of the effective date of such [ * J termination, is in active clinical development or is being Commercialized in the Field, as such [ * J Product existed as of such date, or, for a Product in active clinical developme nt, is further [ * J developed as specifically contemplated in the Development Plan current as of the effective date [ * J of termination ] . [ * J 1.49 means the Facet Applied Know - How and Facet Applied Patent Rights