definiens: shall mean the Supply Agreement by and between Ma daus and Indevus dated as of December 16, 2002 . ” ( b ) The following sentence is added to the end of Sect ion 1.17 of the Agreement : “ Any product ( other than an Excluded Licensed Product ) which con tains Compound as at least one active ingredient sh all also be a The following sentence is added to the end of Section 1.20 of the Agreement : 2 ( c ) The last two sentences of Section 2.2 of the Agreem ent are hereby amended and restated to read in their entirety as follows : “ Indevus hereby grants to [COMPANY] the right to use I ndevus ’ clinical and preclinical data relating to Compound or Licensed Product ( other than a Licensed Product that ( i ) is a pulmonary inhalation product, or ( ii ) is an oral liquid formulation intended for pediatric or elderly use in overactive bladder, inc ontinence or detrusor instability ) for [COMPANY] ’ own regulatory filings relating to the development and marketing of Compound or such Licensed Product or both outside t he Territory . In addition, it is agreed and underst ood that after the applicable Distribution Period, Mada us shall have the right to make, have made, use, an d sell Compound and/or Licensed Product ( other than a Lice nsed Product that ( i ) is a pulmonary inhalation product, or ( ii ) is an oral liquid formulation inte nded for pediatric or elderly use in overactive bla dder, incontinence or detrusor instability ) in the Territ ory, by itself or through an Affiliate, using Indev us ’ clinical and preclinical data relating to Compound or such Licensed Product in regard to Indevus ’ regulatory filing . ” ( d ) [COMPANY] hereby waives and terminates any and all rig hts to consent to any sublicensee of Licensed Product . In accordance with the foregoing, Section 2.3(a ) of the Agreement is hereby amended and restated in its entirety to read as follows : “ ( a ) Indevus shall have the right to issue sublicen ses to Third Parties to make, have made, use, develop, import, offer for sale, sell or have sold the Licensed Product in the Territory as long as Indevus has rights thereto under this Agreement provided, however, that Indevus shall remain responsible for the performance by the sublicensee of any of Indevus ’ obligations to [COMPANY] under this Agreement . ” ( e ) The Parties acknowledge that ( i ) SANCTURA ® is, and assuming First Commercial Sale of SANCTURA XR ™, SANCTURA XR ™ will be, a Licensed Prod uct ; ( ii ) it is possible that there may be additional Licensed Products during the term of the Agreement ; and ( iii ) each Licensed Product has its own First Commercial Sale date and Distribution Period