definiens: means any Know - How or Amunix Listed Patents relating to thecomposition of matter, properties, use, or manufacture of XTEN Sequences or Licensed Products, which Know - How andAmunix Listed Patents in each case ( a ) are Controlled by Amunix or an Aﬃliate thereof and ( b ) in the case of Know - How, exists as of and/or was conceived prior to the Existing License Eﬀective Date, or is developed or obtained by Amunix or anAﬃliate thereof independently of the Agreement without the use of Naia ’s Conﬁdential Information, and in the case ofAmunix Listed Patents, claims or discloses inventions conceived prior to the Existing License Eﬀective Date or developed byAmunix or an Aﬃliate thereof independently of this Agreement without the use of Naia ’s Conﬁdential Information, or wasobtained by Amunix not from Naia or its Aﬃliate, and in each case all Intellectual Property related to such Know - How andAmunix Listed Patents Controlled by Amunix or an Aﬃliate thereof, subject to Section 9.5 . For purposes of clarity, AmunixBackground Technology does not include the formulation(s ) or other embodiment(s ) of Research Constructs or LicensedProduct made by Amunix or an Affiliate thereof pursuant to the Research Plan ( as defined in the Existing License )