definiens: shall mean, with respect to the Prod uct in each country, ( A ) if the manufacture, use, i mport, offer for sale or sale of the Product in such count ry is Covered by a [COMPANY] Patent, the period of ti me equal to the longer of ( 1 ) ten ( 10 ) years from the date of F irst Commercial Sale of the Product in such country ( or, if First Commercial Sale occurs prior to January 1, 2000, in such country, for ten ( 10 ) years from January 1, 2 000 ) or ( 2 ) the expiration of the last - to - expire applicable patent in such country ; provided, however, if the manufacture, use, import, offer for sale or sale of the Product is Covered only by a Valid Claim of a pending paten t application in such country, the Royalty Term shall expire, exc ept as provided in ( B ) below, five ( 5 ) years from t he date of the First Commercial Sale in such country unless ( y ) the pending patent application Covering such Pr oduct issues prior to the end of such five ( 5 ) year period, in which case the Royalty Term shall not expire at the end of such five ( 5 ) year period, or ( z ) the pendi ng patent application Covering such Product issues after the end of such five ( 5 ) year period, in which case the Royalty Term shall expire at the end of such five ( 5 ) year period but shall be reinstated from the date the pa tent issues, or ( B ) if the manufacture, use, import offer for sale or sale of the Product in such country is not so Co vered by a [COMPANY] Patent, the period of time equal to the Dat a Exclusivity Period in such country