definiens: means, with respect to an Antibody sequ ence that was identified by Subscriber by screening or panning the Antibody Library, that such sequence is available for Distributed Bio to assign intelle ctual property rights, which shall be presumed unless, as of Distributed Bio ’s receipt of the written notice from Subscriber described in Section 9(e ) with respect t o such Antibody sequence, ( a ) Distributed Bio has assigned or exclusively licensed, or is subject to a binding contractual obligation that requires it t o assign or to exclusively license, to a Third Party Distrib uted Bio ’s rights, title and interest in such Antib ody sequence, ( b ) Distributed Bio is engaged in confide ntial discussions, which have been active within [ * * ] prior to Subscriber ’s written notice, with a Third Party ( as evidenced by an executed nondisclosure agreement ) related to the Antibody sequence, or ( c ) Distributed Bio has filed a patent application cla iming such Antibody sequence, in each case of ( a ) and ( b ), as evidenced by Distributed Bio ’s written records