definiens: shall mean all claims of any patent applications or issued patents in the Territory, whether in existence as of the . qate of this Agreement, or fIled or issued during the Term of this -4-• AgreeJItent, towbich CIMAand / or its Affiliates has ot - acquires any right and which cover the manufacture~ ' u ~ orsale of Licensed Product, including, without Jindtati . OIl ; the United States and toreip patent applications and i$Suedpa'bmta wbicll : ( a ) are liste4,as of the effective date of this Agreement,- in Appendix D which isattacbed hereto and tnade a part hereof and which -shall be periodically upda : tedby written noticefroxn ., CIMAto Schering in a timely fashion during the termof.tbe Agreement ; ( b ) relate to the OraSolv Technology or the CIMA Know .. HoW ; ' ( cl arise ' out of or are developed during and under the perfQJ'ID8nce of the Development ' Programby ' CIMA or its Affiliates;-and / or ' ( ~ wm any.pa ~ table Improvement of any bf the ' foregoing