definiens: in this context means that it is more l ikely than not that a court deciding on the merits would establish a Competing Infringement without materially adverse ly affecting the License Patent ; and provided that, in the event the Parties fail to agree amongst themselves on whether there is such reasonable likelihood with in a period of thirty ( 30 ) days after the notice described in S ection 4(d)(i ) ( or within such shorter period as ma y be necessary to initiate and maintain full enforcement rights un der such an action within the statutory or other bi nding time limitations ), such matter shall be referred for res olution to one ( or three ) independent patent attorn ey(s ) practicing in a country where the Competing Infringement is oc curring, who should provide a reasoned opinion on t he issue as a matter of urgency, and in any event no later t han thirty ( 30 ) days after such referral ( or within such shorter period as may be necessary to initiate and maintain full enforcement rights under such an action withi n the statutory or other binding time limitations ) . [COMPANY] shall p rovide MSB with an opportunity to make suggestions and comments with regard to such a Competing Enforcemen t Action controlled by [COMPANY] and shall consider a nd incorporate, in its reasonable discretion, such sug gestions and comments