definiens: , or means, with respect to any intellectual property right or Know - How, possession of the right ( whether through ownership or license ( other than by operation of this Agreement ) or control ( asdefined in Section 1.1 ) over an Affiliate with such right ) to grant the licenses or sublicenses under such intellectual propertyright or Know - How as provided herein without violating the terms of any agreement or other arrangement with any ThirdParty . Notwithstanding the foregoing, intellectual property rights or Know - How of a Party that is licensed or otherwiseacquired from a Third Party after the Effective Date and would otherwise be considered to be under the Control of a Party shallnot be deemed to be under the Control of such Party if the application of such definition in the context of any license grantsor sublicenses under this Agreement would require the granting Party to - 4 -make additional payments or royalties to a Third Party in connection with such license or sublicense grants, unless the otherParty agrees to pay the additional payments or royalties to the Third Party ( but subject to Sections 7.5.4(b ) and 7.5.4(c ) )