definiens: is defined to mean meeting all of the following three criteria:(i ) having the same mode of action, that is, as locally - acting analgesia ; ( ii ) having the same indication, that is, control of post - operative pain for surgical veterinary use for at least 48 to 72 hours post - surgery for the indications contained in the approvedlabel ; and ( iii ) having the same mode of administration, that is, tissue infiltration through local administration ; provided, however, that this restriction shall not apply to the grant of a license or sublicense by Aratana to a Third Party approved by Pacira eitherpursuant to Section 2.2.1 or 2.2.2 above . Notwithstanding anything herein to the contrary, Aratana shall not grant any Third Party(other than Pacira ) a right of reference to any Drug Approval Application . ”2