definiens: means : ( a ) a mammalian orthologue of a Selected Target, which orthologue ( i ) is identified by or on behalf of [COMPANY] pursuant to its work under the Mode of Action Program or by or on behalf of [COMPANY] or its Affiliate or sublicensee through the material use of such Selected Target or DNA sequence information relating thereto, or any other Research Results that Remain Confidential at the time of such use by [COMPANY], and ( ii ) is, at the time of identification by [COMPANY] or . at the time of communication of same by [COMPANY] to [COMPANY] ( if identified by [COMPANY] ), [ Known to be a potential target for drug discovery for the disease area of interest to [COMPANY] for the [COMPANY] Compound that was tested by [COMPANY] in the Mode of Action Program to identify such Selected Target ( i.e., there is substantial information linking such orthologue with such disease state ), but for which [COMPANY] and its Affiliates are not then aware of any compound or compound class that has reasonable activity against such orthologue such that [COMPANY] or any Third Party is at that time pursuing preclinical or clinical development of any such compound or compound class based on such activity for use in such disease area of interest ] ; or ( b ) a Related Target that, at the time of identification of such Related Target by [COMPANY], is [ Known to be a potential target for drug discovery for the disease area of interest to [COMPANY] for the [COMPANY] Compound that was tested by [COMPANY] in the Mode of Action Program to identify the Selected Target or Pursued Disclosed Target which relates to ( i.e., was the basis of identification of ) such Related Target, but for which [COMPANY] and its Affiliates are not then aware of any compound or compound class that has reasonable activity against such Related Target such that [COMPANY] or any Third Party is at that time pursuing preclinical or clinical development of any such compound or compound class based on such activity for use in such disease area of interest