definiens: shall mean the Rights of Reference to the Product NDA granted byDepomed : ( a ) to Boehringer Ingelheim International GmbH ( including its successors and permitted assigns, ) under the License and Services Agreement between [COMPANY] and BI dated March 4, 2011 ( the ), with respectto the Combination Product identified in the BI Agreement, including BI ’s right under the BI Agreement to extend suchRights of Reference to BI ’s Affiliates and Third Party contractors and contract service organizations ; ( b ) to Janssen Pharmaceutica N.V. ( including its successors and permitted assigns, ) under theLicense Agreement between [COMPANY] and Janssen dated August 5, 2010 ( the ), with respect to theCombination Product identified in the Janssen Agreement, including Janssen ’s right under the Janssen Agreement tosublicense or otherwise extend such Rights of Reference to Janssen ’s Affiliates and sublicensees ; Confidential Information, indicated by [ * * * ] has been omitted from thisfiling and filed separately with the Securities Exchange Commission