definiens: means any and all existing and/or future Intellectual Property Rightsin the Programme Deliverable, Vaccine Process and the existingIntellectual Property Rights set out in Schedule 2 but excluding anyCobra Know How ; DRAFT for Discussion OnlyConfidentialPage 3 Drug ProductProgramme Deliverable means any bulk quantities of Drug Substance required by Advaxisfor the commercial exploitation of the Programme Deliverable ; means any and all Bulk Drug Substance, Drug Product and / orProgramme Deliverable supplied by [COMPANY] to [COMPANY] under thisAgreement for commercial use ; means the Programme Deliverable which is to be used in thedevelopment phase of the Programme and/or the Clinical Trials ; means FDA Phase I, II and III clinical trials, or correspondingregulatory trials in another jurisdiction to be undertaken by [COMPANY] ( ifcommercially viable ) to test the safety and/or efficacy of theProgramme Deliverable ; means any of the Know How of [COMPANY] and Intellectual PropertyRights of [COMPANY] in the same which can be demonstrated to havebeen in existence before this agreement and any preceedingagreements with [COMPANY] came into force