with respect to a product owned by it or to which it has similar rights, which product is at a similar stage in its development or product life and is of similar market potential taking into account: (i) issues of efficacy, safety, and expected and actual approved labeling; (ii) the expected and actual competitiveness of alternative products sold by Third Parties in the marketplace; (iii) the expected and actual product profile of the Product; (iv) the expected and actual patent and other proprietary position of the Product; (v) the likelihood of Regulatory Approval given the regulatory structure involved; and (vi) the expected and actual profitability and return on investment of the Product.
1.20 Confidential Information means, subject to Section 8.2, all non-public or proprietary information disclosed by either Party to the other Party in connection with the activities contemplated by this Agreement, which may include ideas, inventions, discoveries, concepts, compounds, compositions, formulations, formulas, practices, procedures, processes, methods, knowledge, know-how, trade secrets, technology, inventories, machines, techniques, development, designs, drawings, computer programs, skill, experience, documents, apparatus, results, clinical and regulatory strategies, Regulatory Documentation, and submissions pertaining to, or made in association with, filings with any Governmental Authority, data, including pharmacological, toxicological and clinical data, analytical and quality control data, manufacturing data and descriptions, patent and legal data, market data, financial data or descriptions, devices, assays, chemical formulations, specifications, material, product samples and other samples, physical, chemical and biological materials and compounds, and the like, without regard as to whether any of the foregoing is marked confidential or proprietary, or disclosed in oral, written, graphic, or electronic form. Confidential Information shall include the terms and conditions of this Agreement.
1.21 Continuation Right has the meaning set forth in Section 9.1.
1.22 Cost of Goods [***]
1.23 Cost of Manufacture [***]
1.24 Cure Period has the meaning set forth in Section 9.2.
1.25 CytoDyn has the meaning set forth in the introductory paragraph.
1.26 CytoDyn Indemnitee has the meaning set forth in Section 11.1.
1.27 CytoDyn Know-How means, with respect to Product, proprietary information, know-how and data, in any form, owned or otherwise controlled by CytoDyn (or its Affiliate) (including (i) information owned by CytoDyn or (ii) licensed to CytoDyn by a Third Party (to the extent that CytoDyn is able to sublicense such information, know-how and data), in each case that CytoDyn has determined to be necessary to Manufacture Product, as the same may be modified from time to time by CytoDyn in its sole discretion.
1.28 Deficiency has the meaning set forth in Section 7.3.
1.29 Delivery or Deliver or Delivered means CytoDyns delivery of Product pursuant to a given Firm Order in accordance with the Delivery Terms and the provisions of this Agreement.
1.30 Delivery Address means, with respect to a given order of Product, the address where the quantities of Product under such order are to be shipped, as set forth in the applicable order.
1.31 Delivery Date means the date by which Vyera shall take delivery of Product as set forth in a Firm Order.