definiens: ; means the penod 01 Ihree ( 3 ) years commencing on tho tenth anniversary 01 First Commercial Use : means ( i ) a label or brand name that Is 9):clusively used by a wholesaler, distributor, Of retailer, or ( ii ) a label Of ' brand name Ihal 1 $ not regularly advertlsoo by national broadcast prinl, direct mail, or other media lor the purpose of establishing brand recognition of the manufacturer, markeler, or distributor with Ihe general public : means any substance ( whictl may be rnixGd with excipients ) that is pressed into a solid form $ Uch that it is sUitable lor subsequent handling and packaging regardless if such ~ subsequently coated, means the machine to be developed and manufactu red by the Licensee using the Licensed Technology In accordance with the terms of this AQreement for the coating of Tablets with XGel Tabwrap Film ; means all Intellectual Property Rights in and relaling to the 0081lng of Tablels with XGeI Tabwrap Film derived from the XGel System, Including all ImellechJal Property Rights in the Prototype Machine ; It being understood and agreed that shall axcllJde the Retained Rights ; ml;lans the date upon whic : f1 this Agroomem Is terminated under the provisions of this - XGeI Tabwrap film Agreement ; means the EU and NAFT A ; means the period commencing on the thirteenlh anniYers.ary of First Commercial Use and continuing thereafter unilithe expiry of lhe last Patent used in the manufacture of the Products ; means ( i ) a label or brand name thai is axdusively used by a wholesaler, distribulor . or retaile!- . or ( ii ) a label or brand name that is not regularly advertised by natJonal broadcasl, print, direct mail, or other media for the purpose of establishing brand recognition of the manufacturer . marketer, or distributor Wllh the general public ; means all film used in OOfInedion with Tapwrap T echoology ; means all Intellectual Properly Rights flecessary for the manufacture of XGeI Tabwrap Film im:.Juding the patents and patent applications listed In Schedule 2 but in all cases excJuding the Retained Rights ; means each cooOOOJtiva period of 12 months duof'IQ the term of this Agreement, beginning on the Effective Date and each anniversary of the Effective Date