definiens: shall mean any Person ( x ) that is pursuing clinical Development or Commercialization of a Competing Product for the treatment of any ophthalmic indication in humans in the Fovea Territory if and to the extent that the Product either is in clinical Development pursuant to the Core Development Plan for the treatment of such ophthalmic indication or has received Regulatory Approval and is being Commercialized in the Fovea Territory for the treatment of such ophthalmic indication or ( y ) that is pursuing clinical Development or Commercialization of a Competing Product for the treatment of any ophthalmic indication in humans in the United States if and to the extent that the Product either is in -64 - clinical Development pursuant to the Supplemental Development Plan for the treatment of such ophthalmic indication in the United States or has received Regulatory Approval and is being Commercialized in the United States for the treatment of such ophthalmic indication . Exhibit F sets forth a list of Third Parties that, as of the Effective Date, meet the definition of Product Competitor . Exhibit F may be amended from time to time by written notice of [COMPANY] to Fovea to add ancllor delete the names of Third Parties that meet or no longer meet, as applicable, the definition of Product Competitor . As a condition to any such assignment otherwise permitted pursuant to the foregoing provisions of this Section 13.8, the assignee shall agree in writing to assume and perform all of the obligations of the assigning Party under this Agreement, and the assigning Party shall remain primarily liable under this Agreement for the prompt and punctual payment and performance of all obligations of the assignee . Any assignment made other than in accordance with the immediately preceding sentence shall be wholly void and invalid, and the assignee in any such assignment shall acquire no rights whatsoever, and the non - assigning Party shall not recognize, nor shall it be required to recognize, such assignment . This Section 13.8 limits both the right and the power to assign this Agreement and/or rights under this Agreement . This Agreement shall be binding upon, and shall inure to the benefit of, all permitted successors and assigns