definiens: shall meanthe period beginning upon the date Licensee, an Affiliate or Sublicensee, as applicable, institutes or makes a Challenge, andending upon ( i ) the conclusion of the Challenge if no Valid Claims remain in the country(ies ) in which such Challenge wasmade or ( ii ) the termination or expiration of this entire Agreement, pursuant to the provisions of this Agreement, if at least one(1 ) of the claims within the Licensed Patent Rights remains a Valid Claim in the country(ies ) in which such Challenge wasmade, provided that, notwithstanding anything to the contrary, nothing in Section 3.9 shall in any event be construed torequire payment of any Additional Payments, Special Payments, or Gross - Up Amounts ( or other amounts under Section 3 orSection 4 ) with respect to sales, revenue, or other activities or achievements in a particular country with respect to a particularLicensed Product following the expiration of this Agreement ( and the royalty obligations hereunder ) solely with respect tosuch Licensed Product in such country under Sections 3.8 and 12.1