definiens: or shall mean the fields of laboratory testing, molecular diagnostics, clinicalpathology, anatomic pathology, and digital image analysis, excluding non - pathology - related radiologic and photographicimage analysis, relating to the development, marketing, production or sale of any Laboratory Developed Tests or otherproducts used for diagnosing, ruling out, predicting a response to treatment, and/or monitoring treatment of any or allhematopoietic and solid tumor cancers excluding cancers affecting the retina and breast cancer ; provided, however, themanufacture and sale of IVD Test Kits for sales to third parties and the melanoma screening system and methodsdescribed in the patent applications listed in Exhibit D are specifically excluded from the Field or Field of Use ; andprovided further that the foregoing exclusion of immediately prior to the first proviso of this sectionshall be in effect only so long as the License Agreement among and between LICENSOR, Smart Personalized Medicine, LLC, and Quest Diagnostics, Inc. dated March 11, 2010 is in full force and effect and Quest Diagnostics, Inc. is not inmaterial breach of any its obligations under that agreement