definiens: means possession of the right, whether directly or indirectly, and whether by ownership, license or otherwise ( othqr than byoperation of a license under this Agreement ), to assign or grant a license, sublicense or otherright or to transfer or provide access to or under, any material, information, or intellectualproperty right as provided for herein without violating the terms of any agreement with any thirdparty, infringing upon the intellectual property rights -of a third party, or * iruppropriating iheproprietary information of a third party . "2.3 Amendment to Section 4.3 . In Section 4.3 of the Agreement, after subsection ( d),the following new subsections ( e ) and ( 0 are hereby inserted:"(e ) Sigma Right to Sublicense and Enforce in the Research Field . For thepurpose of enforcing and maximizing the commercial value of the full scope of United StatesPatent No . 6,737,236 and international patent applications corresponding thereto ( the ), from and after the Second Amendment Effective Date, [COMPANY] grants toSigma the exclusive right to seek sublicenses from, and grant sublicenses to interested ThirdParties in the Research Field and pursue alleged or actual Third Party infringers in the ResearchField ( as defined below in this subsection ( e ) ) ( ), including the right of Sigma to initiatelegal action ( ) against any such Third Party for infringement or alleged infringement ofone or more members of the'236 Patent Family in the Research Field, at Sigma 's sole expense, in its own name and entirely under its own direction and control . To settle such Pursuit orAction, Sigma has the right to grant to such Third Party a sublicense under United States PatentNo . 6,737,236 and international patents and patent applications corresponding thereto ( ) . [COMPANY] shall reasonably assist Sigma ( at Sigma 's expense ) in any Pursuit orAction if so requested by Sigma, and shall lend its name to such Pursuit or Action if requested bySigma or required by applicable law . [COMPANY] shall have the right to participate and berepresented in any Action by its own counsel, at [COMPANY] 's expense and without reimbursementby Sigma . Except for the foregoing rights expressly granted to Sigma by [COMPANY] in thissubsection ( e ), which shall supersede [COMPANY] 's right to enforce any Licensed Patent Rightunder subsection ( a ) all other rights of [COMPANY] under the Agreement ( including, withoutlimitation, [COMPANY] 's co - exclusive rights and [COMPANY] 's exclusive rights, with the right tosublicense, under the Agreement ) shall remain unchanged and in full force and effect