definiens: means, with respect to any Licensed Productand any country of the world, the first sale of such Licensed Product under this Agreementby CytomX, its Affiliates or its Sublicensees to a Third Party in such country, after suchLicensed Product has been granted Regulatory Marketing Approval by the competentRegulatory Authorities in such country or, if no such Regulatory Marketing Approval orsimilar approval is required, the date on which such Licensed Product is firstcommercially launched in such country . The foregoing notwithstanding, shall not include : ( a ) any distribution or other sale solely for so - called treatmentinvestigational new drug sales, named patient sales, compassionate or emergency usesales or pre - approval sales, in each case provided that such Licensed Product isdistributed without charge or sold at or below cost ; ( b ) intercompany transfers to Affiliatesof CytomX ; nor ( c ) other similar non - commercial uses, provided that in each case underthis clause ( c ) such Licensed Product is distributed without charge or sold at or belowcost