definiens: means ( a ) a Candidate Compound directly resulting from the Design & Development Program that is selected by [COMPANY] for development and commercialization as a Product following a Development Decision, and ( b ) the [ five ( 5 ) ] Backup Compounds to such selected compound that are selected pursuant to Section 4.8 . Subject to Section 2.9, [COMPANY] Compounds shall not include ( i ) any compound that is subject to an option or license granted by Anacor to a Third Party prior to the Effective Date, ( ii ) any of the compounds referred to by Anacor as [ AN2690, AN2718, AN2728, AN2898, AN3365, AN5568 ], and all backup compounds thereto, ( iii ) [ any other compound that Anacor has progressed or progresses during the Research Term to development candidate stage ( i.e., selected for pre - IND enabling toxicology studies ) for human use outside the scope of this Agreement, provided, in any event, that Anacor notifies [COMPANY], prior to the first POC Study conducted by [COMPANY] for such compound in the target species ], ( iv ) any compound useful for treating, diagnosing or preventing [ human African trypanosomiasis ], unless agreed otherwise by Anacor and ( v ) any [ antibacterial compound ], unless agreed otherwise by Anacor