definiens: . Control, Controls or Controlled by means, with respect to any item of orright under Patent Rights or Know - How, the possession of ( whether by ownership or license, other than pursuant to thisAgreement ) the ability of a Party to grant access to, or a license or sublicense of, such items or right as provided for hereinwithout violating the terms of any agreement or other arrangement with any Third Party existing at the time such Party wouldbe required hereunder to grant the other Party such access or license or sublicense ; provided that any Patent Right, Know - How or other intellectual property right that is licensed or acquired by a Party and that would otherwise be considered to beunder the Control of a Party shall not be deemed to be under the Control of such Party if the application of such definition inthe context of any licenses or sublicenses granted to the other Party under this Agreement would require the granting Party tomake any additional payments or royalties to a Third Party in connection with such license or sublicense grants, unless theother Party agrees to pay the additional payments or royalties to the Third Party