definiens: means any claim alleging ( a ) bodily injury or property damage arising out of any Contrave, Mysimba, naltrexone, bupropion or naltrexone hydrochloride / bupropion hydrochloride sold by Seller prior to theClosing or ( b ) personal or advertising injury but solely to the extent such personal or advertising injury arises out ofclinical trials sponsored by Seller prior to the Closing and solely to the extent a clinical trial participant incurs suchpersonal or advertising injury, in each case arising out of an accident, including continuous or repeated exposure tothe same general harmful conditions ; provided that Product Liability Claims shall not include claims relating to any ofthe following : ( i ) asbestos, ( ii ) bodily injury or property damage for which Seller is obligated to pay damages byreason of the assumption of such liability by contract, ( iii ) with respect to the Contrave Holdback Bottles, acts oromissions prohibited by applicable Law, including without limitation, the use of any materials prohibited by applicableLaw, ( iv ) actual or alleged breach of contract by Seller, ( v ) criminal, dishonest, fraudulent or malicious conduct oracts of intentional wrongdoing by Seller, whether actual or alleged, ( vi ) bodily injury to any employee or any familymember thereof, ( vii ) failure by Seller to prevent unauthorized access to information or systems, ( viii ) with respect tothe Contrave Holdback Bottles, failure to comply with current Good Manufacturing Practices as promulgated by theFDA, including but not limited to, the presence of fungi or bacteria in a building or structure, ( ix ) actual or allegedbreach by Seller of Intellectual Property rights, ( x ) exposure to lead or lead - containing products, ( xi ) medicalservices, ( xii ) misuse of confidential information, ( xiii ) bodily injury or property damage caused by nuclear material,(xiv ) pollutants, ( xv ) exposure to silica or silica - containing products, and ( xvi ) the Contrave Holdback Bottles, in eachcase to the extent arising from or based on any act, omission or circumstance occurring, arising or existing prior tothe Closing Date