definiens: shall mean the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise ; or ( iv ) if there is no First Commercial Sale by A VIGEN, its Affiliates or its Sublicensees or Distributors before March 15, 2005 and A VIGEN fails to make timely payment of the annual license maintenance fee speCified in Section 4.04 ; or ( v ) if A VIGEN ceases to sell Licensed Product ( except for a temporary sales moratorium having a reasonable technical or scientific basis ) in the Licensed Territory for a continuous period of twelve ( 12 ) months after the Licensed Product is first made commercially available ; or ( vi ) if AVIGEN is in breach or default of any other material term of this Agreement and such breach or default remainsunremedied after sixty ( 60 ) days has elapsed from the date of written notice to A VIGEN specifying the breach and demanding remedy thereof, or if such breach or default is not capable of remedy within such sixty ( 60 ) day period, then if AVIGEN has not commenced good faith substantial efforts to cure such breach or default during the sixty ( 60 ) day period