definiens: ( as defined below ) ; and WHEREAS, [COMPANY] and Medimetriks Pharmaceuticals, Inc. ( hereinafter ) entered into a License and Supply Agreement dated March 10, 2014, as amended, ( hereinafter referred as ) purs uant to which among other things, [COMPANY] granted Medimetriks exclusive commercialization and distribution rights to the Product ( as defined in the LSA ) throughout the Territory ( as defined in the LSA ) ; and WHEREAS, with [COMPANY] ’s consent, CUTANEA has acqu ired and assumed the rights, duties and obligations of Medimetriks under the LSA ; and WHEREAS, [COMPANY] desires to manufacture ( directly and/or through a third party ) and supply CUTANEA with such Products ; NOW, THEREFORE, in consideration of the mutual covenants hereinafter expressed, the Parties, intending to be legally bound hereby, agree as follows : 1 . DEFINITIONS 1.1 Act means the Federal Food, Drug and Cosmetic Act, as amended, and regulations promulgated hereunder