definiens: means all data obtained by BioForm in the process of implementing the Regulatory Approval Plan and obtaining regulatory authority to distribute Company Product . Supplier shall not bring, commence, continue, or prosecute any claim, legal action, or proceeding under, in relation to, arising out of, or in connection with a breach of Section 3.1 or Section 4.6 except to cause the termination of this Agreement and obtain timely transfer of the Development Effort Data in accordance with this Section 11.3 . Notwithstanding and in addition to the rights conveyed by and limitations contained in this Section -21 - 11.3, Supplier may separately terminate its obligations under Sections 4.2, 4.3, and 4.9 at any time by so notifying BioForm in writing if BioForm fails to purchase at least $ 1 million of Company Product from Supplier in each 12 month period that coinmences at least 12 months after BioForm 's receipt of PMA approval or comparable Regulatory Approval from the FDA for at least one indication within the Field, provided that, Suppiier may only terminate its obligations pursuant to Sections 4.2, 4.3, and 4.9 after it has notified BioForm in writing of its breach and given BioForm 30 days to cure such breach