definiens: means the earliest to occu r of the following dates : ( a ) January 1, 2021 ; or ( b ) provided that [COMPANY] has not forfeited its 180 - day exc lusivity pursuant to 21 U.S.C. § 355(J)(5)(D ), the date of a Final Court Decision in an action brought against or by a Third Party that causes the 75 - day period of 21 U.S.C. § 355(J)(5)(D)(i)(I)(bb ) ( AA ) to begin ; in the event of such forfeiture, the date following the entry of such Final Court Decision on which such Third Party begins to Commercially Mark et a Generic Equivalent ; or ( c ) in the event that Sucampo or any of its Affiliates enters into an agreement with any Third Party that would permit such Third Party to market or sell in the Territory a Generic Equivalent, the date provided for by Section 3.6 of this Agreement ; or ( d ) in the event that Sucampo or any of its Affiliates, or a Third Party, Commercially Markets or sells an Authorized Generic, the date pr ovided for by Section 3.7 of this Agreement ; or ( e ) the date on which a Market Decline Event occurs * Confidential Treatment Requested - 4 - means all pending and potential claims, de mands, all manner of actions, causes of action, suits, debts, liabilities, losses, damages, reasonable attorneys ’ fees, costs, expenses ( inclu ding expert fees ), judgments, settlements, interest, punitive d amages and other damages or costs of whatever natur e, whether known or unknown, pending or future, certain or con tingent