definiens: means, as used in the phrase that [COMPANY] can demonstrate that, at the applicable time : ( a ) [ [COMPANY] ' ( or any of its Affiliates ) and/or a Third Party had an ongoing program either of ( i ) screen development for such target for use in identifying compounds active against such target to be used in such disease area, ( ii ) screening ( including without limitation assays and non - high throughput screening ) against such target to identify compounds with activity for use in such disease area, and/or ( iii ) conducting medicinal chemistry and/or preclinical or clinical development of such compounds with activity against such target for use in such disease area ), or ( b ) based on information that was publicly available at such applicable time, [ such target can reasonably be expected to be the subject of screen development or screening for the disease area of interest within six ( 6 ) months thereafter, and [COMPANY] can in fact demons ~ ate, based on written information existing prior to time the target was identified by [COMPANY] or disclosed by [COMPANY], that [COMPANY] was planning to screen its compounds against such target for use in such disease area of interest and that [COMPANY] ( or any of its Affiliates ) or a Third Party undertak ~ s. an program to develop such screen or to conduct such screening within such six ( 6)-month period ]