definiens: shall mean all contracts to which the Company is a party or is subject to, and : ( i ) for the purchase of materials, supplies, goods, services, equipment or other assets and that involves or would reasonably be expected to involve ( A ) annual payments by the Company of$50,000 or more, or ( B ) aggregate payments by the Company of $ 1 00,000 or more ; ( ii ) ( A ) for the sale by the Company of materials, supplies, goods, services, equipment or other assets, and that involves ( 1 ) a specified annual minimum dollar sales amount by the Company of $ 50,000 or more, or ( 2 ) aggregate payments to the Company of$100,000 or more, or ( B ) pursuant to which the Company received payments of more than $ 50,000 in the year ended December 31, 2007 or expects to receive payments of more than $ 50,000 in the year ending December 31, 2007 ; ( iii ) that requires the Company to purchase its total requirements of any product or service from a third party ; ( iv ) that continues over a period of more than six ( 6 ) months from the date hereof and involves payments to or by the Company exceeding $ 50,000, other than arrangements disclosed pursuant to the preceding subparagraphs ( i ) and ( ii ) ; ( v ) that is an employment, consulting, termination or severance Contract, other than any such Contract that is terminable at - will by the Company without liability to the Company ; Contract ; 1060154.2 I - PRlI373874.1 ( vi ) that is a partnership, joint venture or similar Contract ; ( vii ) that is a distribution, dealer, representative or sales agency 31 ( viii ) that is a ( A ) Lease or ( B ) Contract for the lease of personal property, in either case which provides for payments to or by the Company in anyone case of $ 20,000 or more annually or $ 50,000 or more over the term of the lease ; ( ix ) which provide for the indemnfication by the Company of any Person, the undertaking of the Company to be responsible for consequential damages, or the assumption by the Company of any Tax, environmental or other Liability ; ( x ) with any Governmental Entity ; ( xi ) that is a note, debenture, bond, equipment trust, letter of credit, loan or other Contract for Indebtedness or lending of money ( other than to employees for travel expenses in the ordinary course of business ) or Contract for a line of credit or guarantee, pledge or undertaking of the Indebtedness of any other Person ; ( xii ) for a charitable or political contribution in anyone case in excess of $ 1, 000 or any such Contracts in the aggregate greater than $ 2,000 ; ( xiii ) for any capital expenditure or leasehold improvement in anyone case in excess of $ 1 0,000 or any such Contracts in the aggregate greater than $ 50,000 ; ( xiv ) that restricts or purports to restrict the right of the Company to engage in any line of business, acquire any property, develop or distribute any product or provide any service ( including geographic restrictions ) or to compete with any Person or granting any exclusive distribution rights, in any market, field or territory ; ( xv ) that is an In - Bound License or Out - Bound License ; ( xvi ) that relates to the acquisition or disposition of any material portion of the Company 's business ( whether by merger, sale of stock, sale of assets or otherwise ) ; and ( xvii ) that is a collective bargaining Contract or other Contract with any labor organization, union or association