definiens: is definedin Section 1.2 above ) ( each such event, a ), then thefollowing shall apply : - 75 -<PAGE > ( a ) Notwithstanding the definitions of CollaborationTechnology, Post - Collaboration Technology, CK Patents and CK Know - How, CKExisting Technology, Cytometrix Technology, Compounds, Development Compounds, Licensed Products, CK Compounds, CK Products, CK Library Compounds, or MitoticKinesin Targets ( together, ), the Collective CKTechnologies shall not include any intellectual property or subject matter ( the ) that, prior to the Subject Transaction, was held or Controlled by such Third Party ( or an Affiliate of such Third Partythat was not an Affiliate of CK at the time of such assignment or transaction, each such Third Party and Affiliate being referred to as a ) and [COMPANY] shall have no right or license under this Agreementto any such Previously Existing Subject Matter except as may be agreed underSection 12.5.2(b)(i ) or ( b)(ii ) below