definiens: is defined therein ): the differential between the royalty rate for COMPOSITION OF MAnER claim under Section 3.06.1.A2 and the royalty rate under Section 3.09 applied to NET SALES VALUE in such country ( or countries ) shall be paid into ESCROW until : ( i ) a final decision of a court or other legal or administrative tribunal from which no appeal is or can be taken upholds the validity and enforceability of such PATENTS . or product registration of the THIRD PARTY infringer is withdrawn . in which case the amounts on the ESCROW account shall be released to the benefit of COLEY ; ( ii ) a final decision of a court or other legal or administrative tribunal from which no appeal is or can be taken . determines that the claims of the PATENT claiming the THIRD PARTY product are not valid or enforceable or such five ( 5 ) year period « or seven ( 7 ) year period for Japan ) ) expires without issuance of the PATENTS and no litigation is then pending . in which case the amounts on the ESCROW account shall be released to the benefit of [COMPANY]