definiens: means Patent Rights Controlled by [COMPANY] or its Af filiates as of the Amendment Effective Date ( other than through the grant of a l icense by Sangamo hereunder ) that ( a ) Cover any San gamo ZF Product in the form that it exists as of the Amendm ent Effective Date or ( b ) Cover Sangamo ’s performan ce of the Services in accordance with this Agreement . The Shi re Patent Rights existing as of the Amendment Effec tive Date are set forth on Schedule 1.87 ( it being understood that any [COMPANY] Patent Right e xisting as of the Amendment Effective Date that is not set forth on such schedu le shall, notwithstanding such omission, still be a [COMPANY] Patent Right to the extent otherwise provided in this Section 1.87 ) . Notwithstanding anything in this Agreement to th e contrary, in the event of a Change of Control of Sh ire, the [COMPANY] Patent Rights shall not include any Patent Rights owned or Controlled by a Third Party described in t he definition of and ( i ) existi ng prior to the closing of such Change of Control or ( ii ) exist ing after the closing of such Change of Control and claiming inventions made prior to the closing of such Change of Control or ( iii ) claiming only inventions made after such Change of Control . [ * * * ]