definiens: or or shall mean that on a country per country basis, a THIRDPARTY other than CPG or its second CO - EXCLUSIVE licensee hereunder or non exclusive licensees incase of HIV has registered a PLA for a product covered by CPG PATENT claims or is commerciallymanufacturing, commercially using or importing such a product, provided, however, that if CPG candemonstrate that CPG is, within a six ( 6 ) month period following such PLA registration of the THIRD PARTYproduct, actively negotiating with such THIRD PARTY a license in order to avoid INFRINGEMENT of thePATENT in all countries where such INFRINGEMENT exists and successfully enters into such licenseagreement, no INFRINGEMENT shall be deemed to exist or have existed . Failing to do so, INFRINGEMENTis deemed to exist as from the end of such six ( 6 ) month period . Notwithstanding the foregoing, in case ofsale of such THIRD PARTY product, INFRINGEMENT shall be deemed to exist