definiens: ) to market the [COMPANY] Generic Product as defined herei n ; C.WHEREAS, pursuant to a settlement agreement to wh ich this License Agreement is Exhibit B ( the ), executed contemporaneously with this License Agreement, [COMPANY] and [COMPANY] hav e agreed to settle their disputes in the Action descr ibed therein, which relate to the Licensed Patents and [COMPANY] ’ filing of the [COMPANY] ANDA as defined herein with t he FDA ; and D.WHEREAS, as part of such settlement, [COMPANY] and Ac tavis agreed to enter into this License Agreement, which, as of the date and upon the terms set forth herein, grants [COMPANY] a non - exclusive license to manufacture and/or sell in the Territory the generi c phentermine and topiramate extended - release produ ct currently defined by the [COMPANY] ANDA