definiens: shall mean the following tech nology, whether patented, patentable or not : ( a ) sequence data with respect to human DNA and expression products thereof and Bioinformatics relating there to, in each case developed by or for HGS prior to and through the end of the Initial Research Term, ( b ) information on biological function of Therapeutic Proteins developed by HGS prior to the Initial Research Term, ( c ) HGS clones containing sequences in ( a ), ( d ) information on 4 < PAGE > biological function of Targets developed by or for HGS prior to and through the end of the Initial Research Term, and ( e ) information on biological function of Therapeutic Proteins for us e as Targets developed by HGS during the Initial Research Term and after suc h Therapeutic Protein has been claimed by HGS pursuant to Section 8 . Bioinfo rmatics in subparagraph ( a ) shall not include Bioinformatics licensed by HGS f rom a Third Party ; except where HGS has the royalty - free right to license su ch Bioinformatics to Merck or where HGS has a royalty - bearing right to licens e such Bioinformatics to Merck and Merck agrees to pay royalties for its us e of such license . 1.22 shall mean the term be ginning on the Effective Date and ending June 30, 2001