definiens: means any product which is produced by, uses andlor incorporates any of the Nucryst Technology or the making, using andlor selling thereof is otherwise covered by any of the valid claims within the Nucryst Patent Rights, and includes, without limitation, the Existing Products and the New Products ; has the meaning attributed to that term in Section 3.1.1 ; means, with respect to a particular Product Sold or to be Sold in a particular country in the Territory, those government agencies or authorities responsible for the approval and regulation of such Product and the Sale thereof in such country ; shall mean, with respect to a particular Product in a particular country in the Territory, such governmental approval as may be required, if any, for price andlor reimbursement approval of such Product in such country ; includes, with respect to a particular Product, the sale or other disposition thereof and IISellSoldS&N ImprovementsSpecificationsSupply Agreement " means that certain supply agreement of even date herewith among Nucryst Biomedical Corp., S&N and Smith & Nephew Inc., together with all Schedules thereto and any amendments to or restatements of such supply agreement ; has the meaning attributed to that term in Section 13.10 ; l'TermTerritory " means, subject to Sections 1.1.16.13 and 1.1.16.14 of this Agreement, all countries of the world ; February 20, 2002 1.1.54 1.1.53 1.1.56 1.1.57 -10- means the trade - mark registrations and applications for registration in any jurisdiction included within the Territory for the Acticoat Trade - marks together with any new applications and registrations ; ilWotldWide'Acticoat Trade - mark Rights " means in the case of any Acticoat Trade - mark which has been used within any jurisdiction included within the Territory or for which an application has been filed or a registration has been obtained, all right, title and interest for that jurisdiction within the Territory in and to such Acticoat Trade - mark, including, without limitation, all COmmon law rights thereto and the goodwill of S&N 's business as symbolized by the Acticoat Trade-ma.rks ; means the trade - mark registrations and applications for registration in any jurisdiction included within the Territory for the Nanocrystalline Trade - marks together with any new applications and registrations ; means in the case of any Nanocrystalline Trade - mark which has been used within any jurisdiction included within the Territory or for which an application has been filed or a registration has been obtained, all right, title and interest for that jurisdiction within the Territory in - and - to - such Nanocrystalline Trade - mark, including, without limitation, all common law rights thereto and the goodwill of Nucryst 's business as symbolized by the Nanocrystalline Trade - marks ; and 1.1.58 has the meaning attributed to that term in Section 4.7 . ) Section 1.2 Number and Gender Words importing the singular number only in this Agreement shall include the plural number and vice versa and words importing one gender only in this Agreement shall include all genders and words importing Persons in this Agreement shall include individuals, partnerships, corporations and any other entities, legal or otherwise