definiens: shall mean each period of [ confidential portion omitted ], with the first period commencing on : ( i ) the commencement of the first Contract Year ; or ( ii ) [ confidential portion omitted ] following the receipt of FDA approval of the Product . If FDA approval is received on or before the commencement of the first Contrac t Year, then ( i ) shall apply . If marketing approval is received in both Territories on or before the commencement of the first Contract Year, then both Territory Years shall commence on the first day of the first Contract Year . If marketing approval has not been received in either [ confidential portion omitted ] or the United States by the commencement of the first Contract Year pursuant to Section 1.7, the first approval that is subsequently received ( i.e., in the United States or in [ confidential portion omitted ] ) shall determine which Territory Year shall be deemed to have commenced on the first day of the first Contract Year . If the United S tates is the second Territory to receive marketing approval ( i.e., FDA approval is received after approval in [ confidential portion omitted ] ) and FDA approval is received after the commencement of the first Contract Year, the United States Territory Year shall commence in accordance with ( ii ) above