definiens: shall mean, on a Licensed Product- by - Licensed Product basis, the later of ( a ) the date on which the sale or use of the applicable Licensed Product in the Field in the Territory would no longer infringe a Valid Claim ( without regard to the licenses granted herein ) and ( b ) the date on which the Manufacture of the applicable Licensed Product by or on behalf of Licensee ( including by Licensor pursuant to any Commercial Supply Agreement ) using the then - current manufacturing process would no longer literally infringe a Valid Claim ( without regard to the licenses granted herein ) ; provided, however, that notwithstanding anything to the contrary in clause ( b ) above, in the event that ( i ) the only Valid - 14 - 11666976_4.DOC Claim remaining is a method of manufacturing claim ( a ) and ( ii ) a Generic Version being sold is manufactured using a manufacturing process that does not literally infringe such Manufacturing Claim, then, for purposes of clause ( b ) above, such Manufacturing Claim shall not be deemed to be a Valid Claim