definiens: means all Contracts in force as of the date hereof involving the licensing, assignment orother grant of rights or option with respect to Intellectual Property ( A ) under which Keryx, [COMPANY] or any of theirrespective Subsidiaries, as applicable, has obtained from or granted to any Third Party any license under or ( B ) whichby their terms expressly restrict Keryx ’s, [COMPANY] ’s or any of their respective Subsidiaries ’, as applicable, right to use, in each case ( A ) and ( B ) of this definition, any Intellectual Property that is material to the continued operation of thebusiness of Keryx or [COMPANY], other than any Contracts providing for the license of off - the - shelf software that isgenerally available on a commercial basis and made available to Keryx, [COMPANY] or any of their respectiveSubsidiaries, as applicable, for a total cost of less than $ 50,000