definiens: shall mean any and all products ( but specifically excluding any product to treat asthma)covered by the patent rights licensed to ACCENTIA by MAYO under the ACCENTIA / MAYO Agreement that are notLicensed Products . ” 2 . In order to clarify the effects of the June 4, 2004 amendment to License Agreement and the September 8, 2004 AssetPurchase Agreement between BDSI and Accentia, BDSI and Accentia hereby amend the License Agreement to delete Sections4.2(a ) and 4.2(b ) in their entirety and replace such Sections with a new Section 4.2(a ), as follows : “ ( a ) BDSI shall be entitled to the following royalty payments : ( i ) In lieu of any up front fees and milestone payments, and as an inducement to BDSI to enter into this Agreement, ACCENTIA shall pay to BDSI a 6 % royalty on Net Sales in the Territory ( i.e., anywhere in the world ) of any AntifungalProducts which have not received marketing approval by the U.S. Food and Drug Administration ( such approval, ), it being agreed that, with respect to any of such Antifungal Products individually, the obligation of Accentia tomake such royalty payments shall automatically terminate with respect to sales made on or after, but not prior to, the date thatthe license to ACCENTIA under Section 3.01(b ) the ACCENTIA / MAYO Agreement is terminated by function of theACCENTIA / MAYO Agreement ; ( ii ) A 7 % royalty on Net Sales in the Territory ( i.e., anywhere in the world ) of any Licensed Products for thetreatment of chronic sinusitis which have received FDA Approval for such indication ; ( iii ) A 14 % royalty on Net Sales in the Territory ( i.e., anywhere in the world ) of any Licensed Products for thetreatment of asthma which have received FDA Approval for such indication ; ( iv ) For the avoidance of doubt, no royalty on any sales of any products for the treatment of asthma that are notLicensed Products ; and ( v ) For the avoidance of doubt, no royalty on any sales of products for the treatment of chronic sinusitis that : ( i)have received FDA Approval and ( ii ) are not Licensed Products . ” 3 . The parties agree that the terms as used in the ACCENTIA / MAYO Agreement and the term as used in the License Agreement shall be interpreted to mean the same indication