definiens: means any unfavourabl e and unintended sign ( including an abnormal laboratory fin ding ), symptom or disease associated with the administration of a medicinal product whether or not considered related to the Lice nsed Product ; 1.1.2, OR shall mean CRM107 conjugated to human transferrin ; 1.1.3 means in relation to eith er Party any person who directly or indirectly controls, is c ontrolled by or is under common control with that Party . A per son shall be regarded as in control of another person if it owns directly or indirectly more than 40 % ( forty per cent ) of the voti ng stock or other ownership or income interest of another person or if it directly or indirectly possesses the power to dir ect or cause 1 Final Version 12 April 2005 Confidential the direction of the management and p olicies of another person by any means whatsoever ; 1.1.4 means a day other than a Saturday, Sunday, Bank Holiday or other public or national h oliday in England or the Territory ; 1.1.5 shall mean the fi rst shipping by [COMPANY], its Affiliate or Sub - Licensee of the Licensed Product to its wholesalers in each country of the Te rritory in such commercial quantities of the Licensed Product as may reasonably be appropriate to establish the Licensed Product throughout the Territory ; 1.1.6 sha ll mean exerting such effort and employing such resources as would normally be exerted or employed by a reasonable third party pharmaceutical company for a product of similar market potential a t a similar stage of its product life, when utilizing sound an d reasonable scientific, business and medical practice and jud gment in order to develop the product in a timely manner and maximi ze the economic return to the Parties from its commercialisation