definiens: means, with respect to the Product, the gross amount invoiced for sales of such Productin arm ’s length sales by [COMPANY], its Affiliates and permitted sublicensees, if any, to non - sublicensee Third Parties, commencing with the First Commercial Sale of such Product, less the following deductions from such gross amountswhich are actually incurred, allowed, accrued or specifically allocated : ( i ) credits, price adjustments or allowances fordamaged products ( to the extent not covered by insurance ), defective goods, returns or rejections * * * * * Confidential treatment requested pursuant to a request for confidential treatment filed with the Securitiesand Exchange Commission ; omitted portions have been separately filed with the Commission 9 of Product ; ( ii ) normal and customary trade, cash and quantity discounts, allowances and credits ( other than pricediscounts granted at the time of invoicing which have been already been reflected in the gross amount invoiced ) ; ( iii)chargeback payments, rebates and similar allowances ( or the equivalent thereof ) granted to group purchasingorganizations, managed health care organizations, distributors or wholesalers or to federal, state / provincial, local andother governments, including their agencies, or to trade customers ; ( iv ) any fees paid to any Third Party logisticsproviders, wholesalers and distributors ; ( v ) any freight, postage, shipping, insurance and other transportation chargesincurred by the selling Person in connection with shipping the Product to Third Party logistics providers, wholesalersand distributors and to customers ; ( v ) adjustments for billing errors or recalls ; ( vi ) sales, value - added ( to the extent notrefundable in accordance with Applicable Law ), and excise taxes, tariffs and duties, and other taxes ( including annualfees due under Section 9008 of the United States Patient Protection and Affordable Care Act of 2010 ( Pub . L. No