definiens: means ( a ) with regard to a particular Inspire Licensed Product in a count ry in the Inspire Territory, the first commercial sale by Ins pire or its Affiliate or sublicensee of such Inspir e Licensed Product to a Third Party for end use or consumption in the country after Inspire ’s ( or its Affiliate ’s or sublicensee ’s ) receipt of Regulatory Approval for s uch Subject Product in such country, or ( b ) with re gard to a Faes Licensed Ophthalmic Product in a country in th e Faes Ophthalmic Territory, the first commercial s ale by Faes or its Affiliate or sublicensee of such Faes L icensed Ophthalmic Product to a Third Party for end use or consumption in the country after Faes ’ ( or its Affi liate ’s or sublicensee ’s ) receipt of Regulatory App roval for such Subject Product in such country . Use of Subjec t Products for promotional, sampling or compassiona te use purposes or for use in clinical trials contemplated by this Agreement ( but excluding post - approval cli nical trials for which compensation is received by the selling p arty ) shall not be considered a commercial sale her eunder