definiens: means ( i ) any change, effect, event, occurrence or state offacts, other than a Force Majeure Event, that causes [COMPANY] to be unable to perform itsmaterial obligations under this Agreement for a period of sixty ( 60 ) days or more due to a4 * Confidential Treatment Requestedmaterial adverse effect to [COMPANY] ’s business, properties, assets, or financial condition, taken as a whole ; ( ii ) any material adverse change in the [ … * * * … ] caused by any materialchange in the [ … * * * … ] for which [COMPANY] is unable to comply with after it is given areasonable period of time to meet any such material change [ … * * * … ], any material adversechange in the [ … * * * … ], or any other material adverse change of similar magnitude ; ( iii ) the failureto obtain Patent Issuance ; and/or ( iv ) a final unappealable judgment or decree of anyGovernmental Body in the United States that CardioPredict infringes, misappropriates or violatesthe United States Intellectual Property Rights of any third party