definiens: means a product containing a living organism that causes infectious disease, including, but not limited to, virus es, bacteria, rickettsia, fungi, and protozoa . In the event that NASTEC H intends, during the course of this AGREEMENT, to produce, package, label, warehouse, quality control test ( including in - process, release and stabi lity testing ), release or ship any chemical entity belonging to the cla sses of products listed above, NASTECH shall promptly notify MERCK in writing of its intention to do so in order to allow MERCK to consider any potential questions of cross - contamination or regulatory requirement s. In the event MERCK identifies a potential problem of cross - conta mination or regulatory requirements that would prohibit the activity, the parties will meet to resolve the problem . Notwithstanding the fore going, NASTECH shall not manufacture, formulate or package products in the FACILITY that MERCK considers to present cross - contamination prob lems for PRODUCT