definiens: means the percentage, which shall not be less than ( a ) [ * ] and shall no t be more than five and one - half percent ( 5 1∕2 % ) with respect to a Licensed Product covered by a Valid Claim, or ( b ) three and one - half percent ( 3 1∕2 % ) and shall not be more than [ * ] with respect to a Licensed Product not covered by a Valid Claim negotiated in good faith by the parties . ” 3 . Section 1.39 of the Agreement is hereby amended to add, as the final sentence, the following : “ By way of non - limiting examples, a Licensed Produc t may be a(n ) ( i ) LDT prognostic and/or diagnostic product, ( ii ) IVD prognostic and/or diagnostic prod uct, ( iii ) companion diagnostic product or ( iv ) cli nical management, selection of treatment and work - flow su pport product