definiens: means the period commencing on the Effective Date and ending at 5:00 pm Easte111 Time on the date that is the later to occur of ( A ) the earlier of ( i ) the date that Cempra, its Affiliate(s ) or Sublicensee(s ) first obtains Regulatory Approval from the FDA with respect to any product incorporating the Compound as an API or ( ii ) the third ( 3rd ) am1iversary of the Effective Date or ( B ) the date that is six ( 6 ) months following the earlier of ( I ) MP 's satisfaction of the condition corresponding to the last of the milestones set forth on Schedule 3.3 - 1 ( i.e., delivery to Cempra of between [ 3 - 5 ] kilograms of MP Materials satisfying the specifications described in Schedule 3.3 - 2B ) or ( II ) Cempra 's termination of MP 's obligations under the Evaluation Program pursuant to Section 2.1.b(vii )