definiens: shall mean with respec t to each Product in each country ( a ) if, at the time of the First Commercial Sale of such Product in such country, the development, manufacture, use, offer for sale, sale or import of such Product in such country would be covered by a Valid Claim, the term for which such Valid Claim remains in effect, or ( b ) otherwise, ten ( 10 ) years from the date of the First Commercial Sale of such Product in such country * * * * * * Section 3.1 : Until the expiry of twelve years from the Commencement Date * * * [COMPANY] shall pay to * * * royalties of * * * % of Net Sales of each Product . Following that period [COMPANY] shall pay * * * * * * % of Net Sal es of each Product subject to the fact that royalties shall be payable in any country in respect of any Product until the last to expire of any of the Valid Claims of the License d Patent Rights in that country or 10 years from the First Commercial Sale of that Produc t in that country whichever is the later