definiens: means, with respect to each Partnering Agreement . net sales of the Retail Product as defined in such agreement ; provided that no event shall include any deduction for any discounts given for bundling the Retall Product with products other than the Product, the Inhaler or the BD CartridgePartnering Agreement " means a written agreement between [COMPANY] and a Third Party for the wmmercial development, promotion . manufacture ( other than manufacture of a Cartridge ), marketing and/or sale and distribution of the Product in any country of the world, 1.35 means ( a ) unexpired letters patent which have not been held invalid or unenforceable by a court of competent jurisdiction from which no appeal can be taken or has been taken within the required time period, including without limitation any substitution, extension, registration, confinnatlon, inventor 's certificate, reissue, re ~ examination, renewal or any like filing thereof ; and ( b ) pendi.ng applications for letters patent, including without limitation any continuation . division or c.ontinuation ~ in - part thereof and any provisional applications