definiens: shall mean, with respect to the Product, a failure to supply [COMPANY], in any l. YillJ21 such calendar Quarters, eighty - flv~&wlll.l?l of the lesser of : ( i ) the quantity of the Product ordered by [COMPANY] for such quarters as calculated based upon the last forecast provided by [COMPANY] under Section 6.1 and the Supply Agreement prior to such, m;g;qu, w fr I?eriod, and ( ii ) the maximum quantity of the Product that CTIT is obligated to supply under Section 6.1 and the Supply Agreement for such quarters ; except that in no case, shall CTIT be deemed to have failed to adequately supply [COMPANY] 's requirements for the Product during the first year after the first commercial launch of the Finished Product in the first country in the Territory or otherwise breached this Agreement by any failure to supply the Product during such first year