definiens: means, for the current Pricing Period, the most recent [ six ( 6 ) mQJlth period ], prior to the date [ ten ( 10 ) days ] befo ~ e the staJ1 of th77 .J­current Pricing Period, for which data ( as determined by [ IMS Health Incorporated ] or ~ " 1'<­such other party mutually acceptable to the parties and agreed to in writing ) is available for sales to [ U.S.~tals ] of assays [ in all formats ] that measure or detect the presenC : Je or absence of the Marker . If the most recent such data provided by [ IMS Health .J::-Incorporated ] ( or such other party agreed to by the parties then providing such data ) is ' t - only available for a period ending more than [ one ( 1 ) year ] prior to the start of the current Pricing Period, the parties shall agree upon a different, mutually acceptable party to provide such data or data substantially similar to that described in this Section