definiens: shall mean, in any country in the Territory, the period beginning with the date of the First Commercial Sale in such country and continuing until the earlier of ( i ) expiration ofthe last to expire Elan Patent in such country ; or ( ii ) ten ( lO ) years from the date of First Commercial Sale in such country ; provided however, that, in the event that ACORDA receives Regulatory Approval in the United States for Licensed Product with an Orphan Designation for the treatment of mUltiple sclerosis, then the Base Royalty Tenn in the United States shall not be less than seven years from the date of First Commercial Sale in the United States . In the event that RUSH 's further development of the RUSH Know - How results in the issuance to RUSH of a patent in any country or additional Orphan Drug Designation following the effective date of this Agreement that provides for a greater period of market exclusivity of the Product in such country, the Base Royalty Tenn in such country will continue for that period of market exclusivity provided by such patent or Orphan Drug Designation