definiens: shall mean any entity or person to whom [COMPANY] Idec has granted ( whether before or after the EFFECTIVE DATE ) a right to make, use, sell, offer to sell or import the ZEVALIN KITS, but shall not include any of the following : ( a ) any pharmacy, radiopharmacy or nuclear medicine pharmacy or facility to the extent it is a recipient of ZEVALIN KITS for preparation and/or administration to one or more particular patients ; ( b ) any hospital or governmental health agency to the extent it is a recipient of ZEVALIN KITS for preparation and/or administration to one or more particular patients ; and ( c ) any physician, nuclear medicine practitioner, licensed health care practitioner to the extent he or she prescribes, prepares and/or administers ZEV ALIN to one or more particular patients . Notwithstanding any provision herein to the contrary, sales of ZEVALIN KITS by ZEVALIN SUBLICENSEES shall be included within NET SALES only if the ZEVALIN SUBLICENSEE in question has contractually agreed with [COMPANY] Idec or an AFFILIATE to perform ( whether itself or through others ), and is substantially responsible for, the promotion and sales of the ZEVALIN KITS ; provided, however, that a party entering into a contract sales force arrangement or co -promotion arrange ment with [COMPANY] Idec or an AFFILIATE in which [COMPANY] Idec or the AFFILIATE books the sales revenue from the ZEVALIN KITS is not intended to be construed as a ZEVALIN SUBLICENSEE for purposes of the preceding sentence