definiens: shall mean, with respect to each GVAX Product, the period commencing on theClosing Date and continuing on a country - by - country, and product - by - product basis until the later of either ( a ) theexpiration date of the last to expire of the Purchased Patent Rights covering the GVAX Product or any otherapplicable governmental or regulatory exclusivity period, including orphan drug exclusivity following approval ( in eithercase, the ), or ( b ) the seventh ( 7th ) anniversary of the First Commercial Sale of such GVAXProduct in that country ; provided, however, that ( i ) if Net Sales in such country for any twelve - month period ending onthe same month and day as the Regulatory End Date ( a ) but following the Regulatory End Dateare less than 80 % of the Net Sales in such country for the Measurement Year with the highest Net Sales during theRoyalty Term, then the Royalty Term for such country shall expire as of the last day of the most recently completedMeasurement Year ; and ( ii ) if Net Sales in such country for any Measurement Year are less than 90 % of the NetSales in such country for the immediately preceding Measurement Year then the Royalty Term for such country shallexpire as of the last day of the most recently completed Measurement Year