definiens: means, on a country - by - country and Licensed Product - by - Licensed Product basis, theperiod commencing upon First Commercial Sale of the pertinent Licensed Product in a given country andending on the later of : ( a ) 11:59 p.m. on the date of the expiration of the last - to - expire of the LicensedPatents in the pertinent country of the Licensed Territory after accounting for any renewals, extension orpatent - term restoration that may be based on any of the Licensed Patents or the pertinent LicensedProduct ; ( b ) 11:59 p.m. on the latest date of expiration of data or market exclusivity conferred on thepertinent Licensed Product in the pertinent country of the Licensed Territory expires ( whether based onorphan designation or other regulatory exclusivity ), and ( c ) the date that is twelve years from the date ofFirst Commercial Sale of the first Licensed Product in that country