definiens: or means with respect to either the JAK Program or the c - MET Program that ( a ) atany point in time prior to First Commercial Sale of a Licensed Product under such Program, no Good Faith Developmentactivities have occurred during at least the preceding * * * and no significant constraints on such Development imposed by aRegulatory Authority or a Force Majeure Event have been in effect during such period and ( b ) at any point in time after FirstCommercial Sale of a Licensed Product under such Program, ( i ) [COMPANY] does not promote a JAK Licensed Product in at least * * * EU Major Market Countries during the preceding * * * and during that period ( w ) [COMPANY] has not reasonably determinedthat promotion in the remaining EU Major Market Countries is likely to reduce the overall commercial viability of theProgram in the [COMPANY] Territory, ( x ) no significant constraints on such promotion imposed by a Regulatory Authority havebeen in effect in the jurisdictions in which such promotion failed to occur, ( y ) no Force Majeure Event has been in effect inany jurisdictions in which such promotion failed to occur and ( z ) [COMPANY] is not actively seeking pricing approval in at least * * * EU Major Market Countries, or ( ii ) [COMPANY] does not promote a c - MET Licensed Product in at least * * * EU MajorMarket Countries and the United States during the preceding * * * months and during that period ( w ) [COMPANY] 1 * * * Confidential material redacted and filed separately with the Commission