definiens: means, in respect of each Diagnostic Product unle ss earlier terminated pursuant to theprovisions of Article 12, on a Diagnostic Product - b y - Diagnostic Product and country - by - country basis w ithin theTerritory : [ † ] DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUESTFOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH TH E COMMISSION 5 ( a ) For Diagnostic Products to which Section ( A ) of the Diagnostic Product definition is applicable : the period commencing on the date of the First Comm ercial Sale of such Royalty Product in thatcountry and ending on the expiration of the last to expire of the Valid Claims of the applicable Paten tRights Covering such Royalty Product in such countr y ; and ( b ) For Diagnostic Products to which Section ( B ) of the Diagnostic Product definition is applicable : the period commencing on the Patent Rights Loss Dat e of such Royalty Product in that country, andending on the tenth ( 10th ) anniversary of the First Commercial Sale of such Royalty Product in suchcountry