definiens: , or means, with respect to any Know - How, Patent Right or other intellectualproperty right and a Party, the ability of such Party or its Affiliates ( whether by ownership or license, other than pursuant to alicense granted under this Agreement ) to assign, transfer, or grant access to, or a license or sublicense of, such item or right asprovided for herein without violating the terms of any agreement or other arrangement with any Third Party ; provided that, with respect to rights to any Third Party Know - How, Patent Rights or other intellectual property right that are licensed to, orotherwise obtained by, ( i ) a Party or its Affiliates pursuant to an agreement entered into by such Party or any of its Affiliatesafter the Effective Date or ( ii ) [COMPANY] or its Affiliates pursuant to any Additional [COMPANY] In - License, such Third PartyKnow - How, Patent Rights or other intellectual property right shall be deemed not to be under the Control of such Party or itsAffiliates, or [COMPANY] or its Affiliates, respectively, unless and until the agreement pursuant to which such rights are obtainedbecomes an In - License pursuant to Section 6.4.2