definiens: means : ( a ) the patent applications and patents listed on Exhibit A hereto ; ( b ) any patent applications and patents owned or Controlled by Mab Vax or its Affiliates disclosing or claiming any Domain, provided, however, that upon a Change of Control of MabVax during the term of this Agreement, the foregoing is limited to those patent applications and patents that were Controlled by Mab Vax and its Affiliates prior to the Change of Control ( but, with respect to Affiliates, only those Affiliates that qualified as Affiliates of Mab Vax immediately prior to such Change of Control ) ; ( c ) all divisionals, continuations, and continuations - in - part ofthe foregoing patents andlor patent applications, and all foreign counterparts thereof ; ( d ) any patents in any jurisdiction hereafter issuing on any of the foregoing applications ; and ( e ) any renewals, reissues, re - examinations or extensions ( such as supplementary protection certificates ) of or for any of the preceding . The list of Patent Rights on Exhibit A will be updated annually by Mab Vax pursuant to Section 5.2