definiens: means the period of time commencing on the First Commercial Sale of the Product in a particular country in the Tenitory and ending on the expiration of the last to expire of the [COMPANY] Patent Rights containing Valid Claims covering such Product in such country in the Tenitory ; provided, however, that with respect to a country in the Tenitory in which a [COMPANY] Patent has not been issued at the time ofthe First Commercial Sale in that country, the Royalty Tenn shall commence on the First Commercial Sale in such country and continue for the greater of ( i ) the period in which a Valid Claim covering such Product exists in the United States ; or ( ii ) if a [COMPANY] Patent is subsequently issued in such country, for the period of time in which a Valid Claim covering such Product exists in such country . The Royalty Tenn shall apply on a country - by - country basis . Notwithstanding anything to the contrary provided in this NSD\65158.3 038916 - 0007 -12 -Section 1.66, if no Valid Claim covering such Product exists in a given country in the Territory, then the Royalty Term in such country shall be for a period often ( 10 ) years from the date of the First Commercial Sale in that country