definiens: means a sale of a Product or an Alternative Product . For purposes of this definition and the definition of a sale shall include a transaction, such a barter, in which the Product has been transferred for non - cash consideration ( in which case, the Product or Alternative Product shall be deemed to have been sold at its list price ), or other transaction not involving an invoiced sale, provided that sale shall not include ( i ) the distribution of samples of the Product or of an Alternative Product, ( li ) sales for resale made to distributors that are NYI784J2t.5 5 Affiliates of the [COMPANY] Parties or ( iii ) sales of the Product or an Alternative Product solely for research and development uses, including but limited to the Clinical Trials Program or other clinical trials unless, in the case of Products or Alternative Products used for clinical trials mandated by the FDA, reimbursement of the cost of the Products or Alternative Products used in such trials is available from a governmental or nongovernmental source