definiens: as that phrase is defined in Public Law 108 - 53 ( the ) . In the event that either Party to this Agreement intends to overcome a rejection of a clai med invention within the Licensed Product IP, Immun ocore Platform IF, Foreground IP and/or [COMPANY] Background IP pursuant to the provisions of the Create Act, such Party shall first obtain the prior written consent of the other Party and the Parties shall work together in good faith to agree how any rejection should be overcome . To the extent that the Parties agree that, in order to ove rcome a rejection of a claimed invention within Licensed Pr oduct IP, [COMPANY] Platform IP, Foreground IP and /or [COMPANY] Background IP pursuant to the provisions of the Cre ate Act, the filing of a terminal disclaimer is req uired or advisable, the Parties shall first agree on terms a nd conditions under which the patent application su bject to such terminal disclaimer and the patent or application o ver which such application is disclaimed shall be j ointly enforced, to the extent that the Parties have not p reviously agreed to such terms and conditions . To t he extent that this Section 15.2.4 applies to [COMPANY] Platform IP, any obligation under this Section will be subje ct to any Third Party agreements entered into with [COMPANY] prior to or after the Effective Date relating to t he prosecution or maintenance of such [COMPANY] Platform IP and a ny co - operation or consultation by [COMPANY] under this Section 15.2.4 shall be subject to such Third Party agreements . In the event that [COMPANY], or its Sublicen see intends to enter into an agreement with a Third Party with respect to the further research, development or commercialization of a Licensed Product and such ag reement is a as that phr ase is defined in the Create Act, the Parties shall in goo d faith discuss whether [COMPANY] shall similarly enter into such agreement with such Third Party purely for the purposes of agreeing similar consultation rights i n relation to any rejection under the Create Act as contained und er this Section 15.2.4