definiens: ' . w = n ) Ls ofth'e'EffectiveTMC278 Characteristics " ) or ( B ) the Label Characteristics ( as defined below ), and ( ii ) all Losses ( other than Selected Product Liability Losses ) incurred by [COMPANY] or any of its Indemnified Persons arising from any Proceeding covered by the foregoing clause ( i ) to the extent arising from TMC278 Characteristics or the Label Characteristics . shall mean the failure of the label ofTibotec 's Single Agent Product to represent, in all material respects and r ~ O',Tibotec : S ' Icnowledate_such'lab - eJ"is : l > btrugetJ ' ], a complete and accurate reflection of the safety and efficacy profile of Tibotec ' s Single Agent Product as of such date, which failure leads to the failure of the label of the Territory Combination Product to represent, in all material respects and [ to / fibotec : S'kiiowledate ], a complete and accurate reflection of the safety and efficacy profile of the TMC278 portion of the Combination Product as of such date