definiens: shall mean, with respect to a Licensed Product and for a given country, the pe riod of time commencing on the date of First Commercial Sal e of the Licensed Product in such country and endin g on the later of the date that is ( a ) ten ( 10 ) years after the date of the First Commercial Sale o f the Licensed Product in such country, or ( b ) the expiration of the last to expire Licensed 4DMT Patent Right in such country where the manufacture, use, import or offer for sale such Licensed Product or t he Licensed Construct within it would have infringe d a Valid Claim in the applicable Licensed 4DMT Patent Right in the absence of ownership of or a license under the Patent Right in which such Valid Claim re sides, with the determination of whether the Licens ed Product, Licensed Construct, process or use would h ave otherwise infringed a particular Valid Claim to be made on a country -by -country basis