definiens: means, with respect to the Foundation 5214 Patent Rights, the use of a Licensed Product, which is a singlepharmaceutical composition that contains within such pharmaceutical composition ( a ) a therapeutic or prophylacticagent and ( b ) one or more nano - scale or micro - scale compartments containing either ( i ) a different therapeutic and / orprophylactic agent or ( ii ) a different formulation of the agent described in ( a ), for the treatment and/or prevention ofdisease in humans . For the avoidance of doubt, the Field, with respect to the Foundation 5214 Patent Rights, does notinclude the use of a Licensed Product which is a physical mixture of two separate pharmaceutical compositions, eachcontaining a single therapeutic or prophylactic agent . ” means, with respect to the Foundation 5431 Patent Rights, the use of a Licensed Product, which is a singlenanoparticle composition that contains within such nanoparticle composition ( a ) one or more therapeutic or prophylacticagents or one or more different formulations or release profiles of the same agent and ( b ) either ( i ) a polyelthylene glycolmoiety which is associated with a lipid, surfactant, polymer, drug, prodrug or other material included in the nanoparticlecomposition or ( ii ) a molecule, as described in the Foundation 5431 Patent Rights, which improves the physical stabilityof a taxane in the nanoparticle composition, for the treatment and/or prevention of disease in humans.2 . In consideration of the expansion of the Field, [COMPANY] will pay to Foundation, within [ * * ] days of the First AmendmentEffective Date, a one - time, nonrefundable payment of [ * * ] U.S. Dollars ( US$ [ * * ] )