definiens: means any patent or patent application, including any patent or patent application that claims a Sangamo Improvement or Jo int Improvement, that ( a ) is Controlled, during the term of this Agreement, by ( i ) Sangamo, ( ii ) any en tity that, as of the Effective Date or the Third Amendment Effective Date, is a Sangamo Affiliate, o r ( iii ) a Sangamo Downstream Affiliate, and ( b ) claims the composition of matter, manufacture, or use of ZFP Products useful in the Field or the Commercial Field . Sangamo Patents include, without limitation, the patents or patent applications list ed on Exhibit A. Notwithstanding the foregoing, Sangamo P atents shall not include any patents or patent applications licensed to Sangamo or a Sangamo Affil iate by a Third Party unless such patents or patent application are licensed pursuant to a Third Party License . ” 2