definiens: means that, Orchid shall be the exclusive supplier of the Products to Alphanna for distribution in the U.S. Territory and European Territory until the end of the applicable Product Tennination Date or the Product has been made non - exclusive and Alphanna and its Affiliates shall not approach nor enter into any agreement with any third party to have the third party supply a Product in an individual country prior to the Product Tennination Date applicable to said country ; provided however, if it becomes reasonably apparent that a Product will not be Launch Ready on the Anticipated Launch Date in anyone or more countries in the European Territory the pat1ies shall discuss, and Orchid shall consider pennitting ( such pennission not to be unreasonably withheld, conditioned or delayed ), action to facilitate Alphanna 's purchase of the Product from a third party for sale in such country(ies ) within the European Territory . If Alphanna were to purchase any Product from a third party Alphanna shall infonn Orchid hereof 20 business days in advance, and the Product shall become non - exclusive and Orchid shall not receive any payments under Section 3.5.6 with respect to any Products purchased from a third party pursuant to the preceding sentence