definiens: shall mean the detennination by [COMPANY] in good faith that no myocarditis ( i.e., inflammation of the muscle tissue of the heart ) or other pathological changes of the heart that do not allow [COMPANY] to discount the earlier finding of myocarditis have been observed in any animals treated with ITMN-191 in such study ( which detennination shall be made no later than the earlier of ( i ) one hundred twenty ( 120 ) days after Initiation of such study ; and ( ii ) June 30, 2007 provided that [COMPANY] has delivered to [COMPANY] sufficient quantities of ITMN-191 by January 16, 2007 ) . Any determination to be made under this subsection ( b ) shall be made by [COMPANY] delivering to [COMPANY] written notice of such determination within the applicable timeframe described above . In the event [COMPANY] does not deliver notice of its detennination within the specified timeframe, [COMPANY] shall be deemed to have made the determination that Successful Completion has occurred for purposes of this Section 8.2 . In the event [COMPANY] makes the determination in good faith that Successful Completion has not occurred ( and delivers notice to [COMPANY] thereof within the specified timeframe ), [COMPANY] may ( but is not obligated to ) tenninate this CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN TIDS DOCUMENT, AS INDICATED BY THE IDGBLIGHTED PORTIONS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED