definiens: shall mean, with respect to a particular Product in any country in the Territory, the period of time commen cing on the First Commercial Sale of such Product in such jurisdiction and endin g upon the expiration of the last to expire Licensed Patent containing a Valid C laim which would be infringed by the manufacture, use, importation, offer for sal e, or sale of such Product in such country, provided that if the only such Valid Claim is a claim in a pending patent application, then the Royalty Term shall end * * * * from the Effective Date, unless after such * * * * period, Licensee has o btained, or otherwise enjoys marketing exclusivity for the Product in question i n the applicable jurisdiction through non - patent related statutory means ( hereina fter ) such as orphan drug or new chemical e ntity status, in which case, the Royalty term shall extend for the term of the N on - Patent Statutory Exclusivity