definiens: means all Know - How that KKC Controls as of the Ef fective Date or during the Term that is necessary for the Development, Packagi ng, and/or Manufacture of the Compound or Product a nd / or Commercialization of any Product in the Field, incl uding KKC Data . Notwithstanding the foregoing, does not include any Know - How that is own ed or in - licensed by a Third Party described in the definition of or such Third Par ty ’s Affiliates ( a ) prior to the closing of such Ch ange of Control, except to the extent that any such Know - Ho w was Controlled by KKC or any of its Affiliates pr ior to such Change of Control, or ( b ) after such Change of Control ( other than arising from ( i ) KKC ’s or any of its Affiliates ’ performance of activities hereunder or ( ii ) the use of any KKC Technology )