definiens: means ( i ) any pharmaceuti cal product that is an analog, derivative, improvement or variation o f a Product arising out of NeoSan Improvements, ( ii ) any pharmaceutical p roduct which includes propoxyphene or any analog, derivative, improv ement, or variation of propoxyphene as an active ingredient arising o ut of an invention related to the Product conceived and reduced to practice by a NeoSan or a NeoSan Affiliate employee(s ) or a Third Person contra cted by or otherwise controlled by NeoSan, ( iii ) any other pharmace utical product developed by NeoSan and/or a Third Person contracted by or otherwise controlled by NeoSan which includes propoxyphene or any anal og, derivative, improvement, or variation of propoxyphene as an intended ac tive ingredient, or ( iv ) any pharmaceutical product marketed under a name w hich includes or Notwithstanding the foregoing, a pharmaceutical product which incl udes propoxyphene or any analog, derivative, improvement or variation t hereof will not constitute an NeoSan New Product to the extent such product is acquired by NeoSan or its Affiliates as a result of any ( a)(i ) merger or ( ii ) acquisition by NeoSan or its Affiliates of substantially all of the assets of a Third Person ( each, an ), in which the other party or parties involved in such NeoSan Relationship at that t ime already conducts or engages in the manufacturing, marketing, selli ng, promoting, distributing, co - marketing, co - promoting, importing, exporti ng or active developing of a pharmaceutical product which includes propoxyp hene or any analog, derivative, improvement or variation thereof, or ( b ) acquisition by NeoSan or its Affiliates of any pharmaceutical produc t ( whether or not containing propoxyphene as an active ingredient ), either before or after the acquisitions contemplated by this Agreement, a nd any analogs, derivatives, improvements or variations of or for such acqu ired pharmaceutical product, that are not marketed under a name which inclu des or