definiens: and as defined in Section 1 shall be amended and redefined upon BSDachieving sales totalling not less than $ 5.8 million in the first 20 months of this Agreement, as follows : ( i ) the term shall be amended and defined to mean any lawful use of the Product marketed as a dietary supplement, food additive orover - the counter ( that is, non - prescription ) drug to help manage blood sugar, body weight or to provide other benefits asdescribed in and consistent with the Structure and Function claims for the Product filed with the FDA, a copy of which isattached as Exhibit 3 ( the Structure and Function Claims ) or as is otherwise determined to be appropriate by the SteeringCommittee . ” ( ii ) In the event sales of $ 5.8 million are not achieved in the first 20 months of this Agreement, thedefinitions for the terms and shall remain as provided in Section 1 without reference to Section 2.3(b)(i )