definiens: shall mean, with respect to a Product in a country, the ﬁrst commercial sale in anarm’s - length transaction of such Product to a Third Party or Governmental Authority in such country after MarketingApproval of such Product has been granted, or such marketing and sale is otherwise permitted, by the Regulatory Author ityof such country, [ * * * ] . Sales for Clinical Trial purposes, early access programs, named patient, registration samples o rcompassionate use shall not constitute a First Commercial Sal e. In addition, sales of a Product by and between Janssenand its Affiliates and Sublicensees for eventual resale to a Third Party shall not constitute a 1.59 shall mean an AVC ( a ) [ * * * ] and ( b ) demonstrated [ * * * ] to exhibit antiviral activity a gainst inﬂuenzavirus ; but in each case excluding [ * * * ]