definiens: means royalty payments to a Third Party made by the Commercializing Partyunder Third Party agreements ( other than Listed [COMPANY] Third Party Agreements and [COMPANY] Pre - Existing AllianceAgreements, if [COMPANY] is a Commercializing Party ) to license Patent Rights Covering such Third Party’stechnology if, in the absence of such license, the licensed use by the Commercializing Party of the Patent Rightslicensed by such Commercializing Party from the other Party under Section 3.1 ( if the Commercializing Party isRoche ) or Section 3.2 ( if the Commercializing Party is [COMPANY] ) would infringe such Third Party Patent Rights ( suchThird Party Patent Rights, ) ; provided, however, that Required Third PartyPayments shall not include any royalties or other amounts payable to obtain access to ( a ) a specific Target orTargets so that such Target or Targets can be the subject of research and development efforts, or ( b ) Third Partydelivery technologies ( other than Delivery Patent Rights ( as defined in the LCA ) ) which may be necessary or usefulfor delivery of double - stranded oligonucleotide molecules, or manufacturing techniques for such deliverytechnologies