definiens: or means the possession by a Person ( whether by ownershi p, license, or otherwise, other than pursuant to this Agreement ) of, ( a ) with respect to any tangible Know -How, the legal authority or right to physical possession of such tangible Know -How, with the right to provide such tangible Know -How to the other Party on the terms set forth herein, or ( b ) with respect to Patent Rights, Regulatory Approvals, Regulatory Submissions, intangible Know -How, or other Intellectual Property, the legal authority or right to assign or grant a license, sublicense, access, or rig ht to use ( as applicable ) to the other Party under such Patent Rights, Regulatory Approvals, Regulatory Submissions, intangible Know -How, or other Intellectual Property on the terms set forth herein, in each case ( ( a ) and ( b ) ), without breaching or otherwi se violating the terms of any arrangement or agreement with a Third Party in existence as of the time Person or its Affiliates would first be required to grant such assignment, access, right to use, licenses, or sublicense