definiens: means any BOSt employee, intern or coosultant who participates in any Sponsored Researcb Progrnm or any PPDI Evaluation Progrom in any maMa or who acquires knowledge of any test data, clinicalmformation or any other information resulting from any Sponsored Researcb Program or any PPOI Evall . Ulllon Progmn which is deemed a trade secret or confidmtial or proprietary to PPDI or BOSI, such u an independent contractor ( including any consultanl under III obhgauon of confidcntiallly ), Of any racareb collabontor 1.3 '' Commercial Sale " shall mean any sale : whieh transfers physical posseuion and title 10 any licensed Product ( hereinafter defined ) to a Third Pany 10 exchange for value and afta which transfer the seller has no right or power to determine the Third Party 's resale price . Transfa for research, development or testing PUIpOSC$ shaJJ not constitute II Commercial Sale