definiens: means ( i ) with respect to Lead LicensedCompound, Lead Licensed Product, and placebo supplied by [COMPANY] for KHK ’s [ * * * ], ( ii ) with respect to Lead Licensed Compound, Lead Licensed Product supplied byArdelyx for KHK ’s [ * * * ] and ( iii ) with respect to Materials and any other physicalmaterials that KHK requests that [COMPANY] deliver and which [COMPANY] agrees to deliverwhich are supplied by [COMPANY] to KHK during the Term, [ * * * ] .Section 1.123 means ( a ) a claim of an issued and unexpiredPatent within the Licensed Patents, [COMPANY] [ * * * ] Patents, Joint Patents, or [ * * * ] covering a method of using12Confidential Portions of this Exhibit marked as [ * * * ] have been omitted the Licensed Product as applicable, that has not been held unpatentable, invalid, orunenforceable by a court or other government agency of competent jurisdiction in anunappealable decision or has not been admitted to be invalid or unenforceablethrough reissue, re - examination, disclaimer, or otherwise or ( b ) a claim of a pendingpatent application within the Licensed Patents, [COMPANY] [ * * * ] Patents, Joints Patents or [ * * * ] covering a method of using the Licensed Product, as applicable, which patentapplication has not been abandoned, finally rejected or expired without the possibilityof appeal or re - filing