definiens: or means the possession by a Party ( whether by ownership, license, or otherwise other than pursuant to this Agreement ) of, ( a ) with respect to any tangible Know -How, the legal authority or right to physical possession of su ch tangible Know -How, with the right to provide such tangible Know -How to the other Party on the terms set forth herein, or ( b ) with respect to Patent Rights, Regulatory Approvals, Regulatory Submissions, intangible Know -How, or other intellectual property rights, the legal authority or right to grant a license, sublicense, access, or right to use ( as applicable ) to the other Party under such Patent Rights, Regulatory Approvals, Regulatory Submissions, intangible Know -How, or other intellectual property rig hts on the terms set forth herein, in each case ( ( a ) and ( b ) ), ( i ) in accordance with and without breaching or otherwise violating the terms of any arrangement or agreement with a Third Party in existence as of the time such Party or its Affiliates would f irst be required hereunder to grant the other Party such access, right to use, license, or sublicense or at any time during the Term, ( ii ) without requiring the consent of a Third Party, and ( iii ) at no additional cost ( unless the other Party agrees to ass ume such cost )