definiens: shall mean an actual or potential Licensed Product that ( a ) is aimed atan indication for which no Licensed Product is being ( or within a [ * * ] year period is planned to be, as demonstrated byLicensee ’s then current development and commercialization plans ) developed, manufactured, used, marketed or soldby Licensee or any Affiliate of Licensee or Sublicensee under a Sublicense, ( b ) does not present any material risk ofcompeting through off - label use with any Licensed Product that is being ( or within a [ * * ] year period is planned to be, as demonstrated by Licensee ’s then current development and commercialization plans ) developed, manufactured, used, marketed or sold by Licensee or any Affiliate of Licensee or Sublicensee, and ( c ) does not contain substantiallythe same Covered Peptide as that contained in any Licensed Product being developed, manufactured, used, marketed or sold by Licensee or any Affiliate or Sublicensee under a Sublicense