definiens: means the profits or losses resulting from the Commercialization of the LicensedProducts in the ROW Territory and which shall be equal to ( a ) the sum of ( i ) Net Sales of Licensed Products, plus(ii ) Additional Revenue, less ( b ) Commercialization Expenses for such Licensed Products, less ( c ) to the extentapproved by the JSC ( with any disputes resolved pursuant to Section 2.8(e ) ), income taxes incurred by any sales ordistribution Affiliate of [COMPANY] directly attributable to the sale or other commercial disposition of Licensed Product inany jurisdiction within the ROW Territory, less ( d ) non - refundable, non - creditable value added and similar taxesincurred by either Party in connection with the activities undertaken pursuant to this Agreement . As used herein, refers to a Calendar Quarter or Calendar Year in which a profit exists, and refers to a Calendar Quarter or Calendar Year in which a loss exists