definiens: for the Independent Product defined under this subsection ) by itself or with a contract sales force ( but by no other means ) . For such Independent Product, in the ProfitiLoss Sharing Territory, ERGO must adopt its own mark and, E!the results of in vivo pharmacology, Phase I Clinical Trials or Phase II Clinical Trials, inclusive of proper dose - finding studies, should indicate that another formulation may be feasibly useable or scientific or clinical data indicate that another formulation may be feasibly useable, must make reasonable efforts to differentiate the formulation dosage form, dosage or kinetic profile of Bromocriptine for the Non - Metabolic Indication(s ) from the Indication(s ) for Bromocriptine then being Developed andlor Commercialized by ORTHO in the ProfitiLoss Sharing Territo~ any country outside of the ProfitiLoss Sharing Territory, ERGO must adopt its own mark which is 1 erent from that being currently used in such country by ORTHO for Bromocriptine and may only Commercialize in such country an Independent Product that is administered through a different route of administration from any Bromocriptine Product then currently being jointly Developed andlor Commercialized for sale in such country, subject to the following : -