definiens: means, in whatever medium ( e.g., audio, visual, print or electronic ) relating to the Product or the ProductLine Business : ( a ) any and all data and correspondence supporting and/or utilized or made in connection with obtainingand / or maintaining any of the Registrations and/or the drug master file for the Product, ( b ) raw and/or analysis data forpivotal trials and integrated summaries ( ISE / ISS ) and all bio - analytical data in SAS transport, PC SAS Version 6.06, or above, or other agreed format, ( c ) all clinical data ( phase I — IV ), ( d ) all data from ongoing development of the compound utilized inthe Product ( including marketing9 studies ), ( e ) programs ( analysis, reports and supporting documentation ) for trials for which data is provided, ( f ) copies of SASlibraries ( with non - exclusive rights to use same ) from Seller ’s analysis programs relating to the Product, and ( g ) all books andrecords owned by Seller relating to the Product ( which shall be copies to the extent not exclusive to the Product ), includingcopies of all customer and supplier lists, account lists, call data, sales history, call notes, research data, marketing studies, consultant reports, physician databases, and correspondence ( including invoices ) with respect to the Product, and allcomplaint files and adverse event reports and files, and ( h ) copies of all data and information in the possession of Sellerrelating to the activities of Organon and/or IHS or other entity providing support services to Seller which relate to theProduct, including for commercial rebates, discounts, administrative fees, chargebacks and/or Government Rebates ; provided, however, that ( i ) in each case, Seller may exclude any Excluded Intellectual Property contained therein, ( ii ) Seller may retain:(A ) a copy of any such books and records to the extent necessary for Tax, accounting, litigation or other valid businesspurposes other than the conduct of any business competitive with the Product or the Product Line Business, ( B ) a copy of allsuch books and records which relate to the Excluded Assets, and ( C ) all books, documents, records and files ( 1 ) prepared inconnection with the Transactions, including bids received from other parties and strategic, financial or Tax analyses relatingto the divestiture of the Purchased Assets, the Assumed Liabilities, the Product and the Product Line Business, or ( 2)maintained by Seller and/or its Representatives, agents or licensees in connection with their respective Tax, legal, regulatoryor reporting requirements other than those relating to the Product or the Product Line Business, ( iii ) any attorney workproduct, attorney - client communications and other items protected by privilege shall be excluded except to the extent relatingto the Product or the Product Line Business, and ( iv ) Seller shall be entitled to redact from any such books and records anyinformation that does not relate to the Product or Product Line Business