definiens: means, as to a Collaboration Product, * that J&J has provided Arena with competent written evidence ( based on commercially - available market research data such as IMS ) that another product ( which is not a Collaboration Product ) competitive with such Collaboration Product is being lawfully marketed and sold by a Third Party ( which is not a Sublicensee ) in the country at the applicable time, and such product contains as an active ingredient the Development Compound which is in the Collaboration Product, and the sales of such competitive product ( in units sold ) in such quarter in the country exceed . thirty percent ( 30 % ) of the total aggregate sales ( in units sold ) of such competitive product combined with sales of the Collaboration Product in such country during such quarter ; provided that Arena may dispute the claim by J&J that Market Competition exists, by written notice within 45 days of J&J providing the above evidence, which dispute will be resolved under the terms of Article 13