WHICH SUCH RIGHT OF REFERENCE IS GRANTED ANY
RIGHT TO RECEIVE OR ACCESS SUCH INFORMATION.
1.192
"[*]" SHALL HAVE THE MEANING SET FORTH IN
SECTION 5.3(A).
1.193
"SDEA" OR "SAFETY DATA EXCHANGE AGREEMENT" SHALL HAVE
THE MEANING SET FORTH IN SECTION 9.1.
18
1.194
"SELECTED PRODUCT LIABILITY CLAIM" SHALL HAVE THE
MEANING SET FORTH IN SECTION 13.7(C).
1.195
"SERVICES AGREEMENT" SHALL MEAN THE DISTRIBUTION
SERVICES AGREEMENT TO BE ENTERED INTO BETWEEN GILEAD PARENT AND THE JV AFTER THE
EFFECTIVE DATE, THE KEY TERMS OF WHICH ARE OUTLINED IN ANNEX P HERETO, AS SUCH
AGREEMENT MAY BE AMENDED FROM TIME TO TIME.
1.196
"SINGLE AGENT PRODUCT" SHALL MEAN EACH OF VIREAD,
EMTRIVA, AND SUSTIVA.
1.197
"STUDY 934" SHALL MEAN THE CLINICAL STUDY INITIATED BY
GILEAD PRIOR TO THE EFFECTIVE DATE UNDER GILEAD'S CLINICAL STUDY PROTOCOL
ENTITLED "A PHASE 3, RANDOMIZED, OPEN-LABEL, MULTICENTER STUDY OF THE TREATMENT
OF ANTIRETROVIRAL-NAÏVE, HIV-1-INFECTED SUBJECTS COMPARING TENOFOVIR DISOPROXIL
FUMARATE AND EMTRICITABINE IN COMBINATION WITH EFAVIRENZ VERSUS COMBIVIR®
(LAMIVUDINE/ZIDOVUDINE) AND EFAVIRENZ" (AS SUCH PROTOCOL MAY BE REVISED AND SUCH
STUDY MAY BE EXTENDED OR EXPANDED FROM TIME TO TIME, IN EACH CASE BY GILEAD).
FOR THE AVOIDANCE OF DOUBT, THE CONDUCT OF STUDY 934 SHALL NOT BE DEEMED A
DEVELOPMENT ACTIVITY OR PROJECT ACTIVITY FOR PURPOSES OF THIS AGREEMENT, AND
CLINICAL DATA DERIVED OR GENERATED FROM STUDY 934 OR FROM TESTING OR ANALYSIS OF
SUBJECTS OR SAMPLES FROM STUDY 934 SHALL BE GILEAD KNOW-HOW, NOT JOINT KNOW-HOW.
1.198
"SUBSEQUENT LAUNCH PERIOD" SHALL MEAN THE [*] AFTER
THE LAUNCH OF THE COMBINATION PRODUCT IN THE TERRITORY.
1.199
"SUPPLIER" SHALL MEAN EACH PERSON SELECTED AS A
COMMERCIAL SUPPLIER OF THE COMBINATION PRODUCT PURSUANT TO SECTION 4.2(A).
1.200
"SUPPLY AGREEMENTS" SHALL MEAN, COLLECTIVELY, THE BMS
SUPPLY AGREEMENT AND THE GILEAD SUPPLY AGREEMENT.
1.201
"SUPPLY PARTY" SHALL MEAN, WITH RESPECT TO ANY
SUPPLIER, (A) IF A MEMBER PARTY IS THE SUPPLIER, SUCH MEMBER PARTY, OR (B) IF A
THIRD PARTY IS THE SUPPLIER, THE MEMBER PARTY THAT IS DESIGNATED PURSUANT TO
SECTION 4.2(A) TO MANAGE THE RELATIONSHIP WITH SUCH SUPPLIER.
1.202
"TDF" SHALL HAVE THE MEANING SET FORTH IN THE RECITALS
TO THIS AGREEMENT.
1.203
"TECHNOLOGY" SHALL MEAN THE BMS TECHNOLOGY OR THE
GILEAD TECHNOLOGY, AS THE CASE MAY BE.
1.204
"TERMINATED MEMBER PARTY" SHALL MEAN A MEMBER PARTY AS
SO DESIGNATED PURSUANT TO SECTION 14.5.
1.205
"TERRITORY" SHALL MEAN THE UNITED STATES, THE
COMMONWEALTH OF PUERTO RICO AND ANY OTHER TERRITORIES AND POSSESSIONS OF THE
UNITED STATES.
1.206
"THIRD PARTY" SHALL MEAN ANY PERSON OTHER THAN GILEAD,
BMS, THE JV AND THEIR RESPECTIVE AFFILIATES.
1.207
"THIRD PARTY ACQUIRER" SHALL HAVE THE MEANING SET
FORTH IN SECTION 1.43.
19
1.208
"TRADEMARK" SHALL INCLUDE ANY WORD, NAME, SYMBOL,
COLOR, DESIGNATION OR DEVICE OR ANY COMBINATION THEREOF, INCLUDING, WITHOUT
LIMITATION, ANY TRADEMARK, TRADE DRESS, SERVICE MARK, SERVICE NAME, BRAND MARK,
TRADE NAME, BRAND NAME, LOGO OR BUSINESS SYMBOL.
1.209
"TRANSFER PRICE" SHALL MEAN THE BMS TRANSFER PRICE OR
THE GILEAD TRANSFER PRICE, AS THE CASE MAY BE.
1.210
"TRANSFERRING MEMBER PARTY"