definiens: means a claim asserted by any Person ( other than Buyer and its Affiliates),either under strict liability, negligence or other basis for liability, against a Seller Indemnitee arising out of or relating toany ( a ) defect or alleged defect in the [COMPANY] Licensed Products, including defects and alleged defects in themanufacturing, testing or design of [COMPANY] Licensed Products, ( b ) actions or omissions of Buyer or its Affiliates inconnection with the use, testing, development, promotion, marketing, sale, distribution, or other commercialization ofAlnylam Licensed Products, ( c ) labeling, inserts, instruction manuals, promotional activities or advertising supplied orcompiled by Buyer or its Affiliates in connection with [COMPANY] Licensed Products, or ( d ) recall of [COMPANY] LicensedProducts undertaken by Buyer or its Affiliates