definiens: means all of the following in effect on the Retransfer Date, ( i ) any Gestiva Contractstransferred from the Seller to the Acquiror on the Transfer Date, ( ii ) Contracts pursuant to which Acquiror or its Affiliatespurchases any materials from any third party for use in connection with the development, testing or manufacture ofGestiva, ( iii ) Contracts relating to any clinical trial involving Gestiva, ( iv ) Contracts constituting material transferagreements involving the transfer of Gestiva, ( v ) Contracts relating to the marketing, sale or distribution of Gestiva,(vi ) Contracts relating to the supply or manufacture of Gestiva or Retransfer Date Gestiva Product Improvements,(vii ) Contracts constituting confidentiality agreements involving Gestiva or Retransfer Date Gestiva IntellectualProperty, including non - compete or non - solicitation agreements with employees, independent contractors or agents ofAcquiror with third parties, ( viii ) Contracts involving any royalty, licensing, partnering or similar arrangement involvingGestiva or Retransfer Date Gestiva Intellectual Property, ( ix ) Contracts pursuant to which any services are provided toAcquiror or its Affiliates with respect to Gestiva, and ( x ) Contracts pursuant to which any third party collaborates withAcquiror or its Affiliates in the performance of research or development of Gestiva