definiens: means the commercial sale of OncoVEXGM - CSF in the United States or any country inthe European Union, as applicable, by or on the behalf of Parent, Surviving Corporation, their respective Affiliates orsublicensees to third parties following receipt of marketing approval for OncoVEXGM - CSF in such country . For the avoidanceof doubt, shall exclude ( a ) sales of OncoVEXGM - CSF among Parent, the Surviving Corporation, theirrespective Subsidiaries, Affiliates and/or sublicensees, ( b ) any disposal of OncoVEXGM - CSF at no charge for, or use ofOncoVEXGM - CSF without charge in, clinical or pre - clinical trials, given as free samples in commercially reasonable quantities, or distributed at no charge to patients unable to purchase such products or distributed pursuant to any Expanded AccessProgram and ( c ) any transaction of the type described in clauses ( a ) or ( b ) of the definition of Alternate Transaction ( provided, that, for the avoidance of doubt, any subsequent commercial sale of OncoVEXGM - CSF in the United States or the EuropeanUnion, as applicable, by or on behalf of any such acquiring Person or its Affiliates or sublicensees to third parties followingreceipt of marketing approval for OncoVEXGM - CSF in such country shall qualify as a hereunder )