definiens: ) . For purposes of this Agreement, sha ll mean any and all patent filings assigned to Kava or to which Kava has or will have any right, title or interest, including the issued patent s and pending patent applications under the Kava IP ( as defined in SCHEDULE 2.1 ), and all non - provisionals, divisionals, continuations, continuations - in - part and all patents issuing on any of the foregoing, a nd all foreign counterparts thereof ; together with all registrations, reis sues, re - examinations, supplemental protection certificates and exten sions thereof and all foreign counterparts thereof . In the event tha t Buyer commences a Phase III ( or other pivotal ) clinical trial for a dr ug candidate, the manufacture, use of sale of which does not inf ringe one or more Valid Claims of the Kava Patents at the time of the commencement of such clinical trial but the manufacture, use or sal e of which later infringes one or more Valid Claims of the Kava Patents, then Buyer shall make such one - time only payment under this subsection ( i ) of Section 2.5(a ) within sixty ( 60 ) days of the drug candidate becoming a Kava Drug Candidate under this Agreement ; and ( ii ) to SinglePixel, or any of its a ssignees, [ * ] payable in either cash or shares of the Buyer 's Common St ock ( at the discretion of the Buyer and, if such payment is in Common St ock, valued at the then current fair market value of the Common Stock ) in a single payment by wire transfer or delivery of shares of Common Stock to an account designated in writing by SinglePixel, or any of its assignee s, to Buyer within sixty ( 60 ) days of the receipt by Buyer of approval by the Federal Drug Administration of any SinglePixel diagnostic p roduct, the 6 < Page > manufacture, use or sale of which infringes on e or more Valid Claims of the SinglePixel Patents ( a )