definiens: shall mean the@'Oss revenue~ ( including{§iaity- ) income, if any ) actually received by [COMPANY] or an Affiliate of Ph arming from the sale to unrelated third parties ( including distributors ) of Human [COMPANY] or products containing Human [COMPANY] within the Phanning Field afUse ( excluding@cs between Pharrl - l'nvndCiifAffili~, after deduction of the following items ; provided and to the exte ~ t such items are included in the price charged : ( ii ) [ tradeaiid < LuintTty aT5counjSJor @ilJIDmd ~ -clisfouIlij or([~~_e~ ( ~c ~ t!.aITY alIow_~~ and taken to the extent customary in the trade ; -(iii ) ( c(~?it:;jJr 41()_i~!l~~~given or made forfi:~I ~ t_ions)Jr ( eW ® and ( iv ) any<!~, cu ~ ton!s dutiespr otherQio\'"ertunemal ( bar ~ e_k\ll ~ d directly on < . safe, transpOl tatio§Of cIc1lY_e$ - - - . --'IY 171 .j To the extent such revenues rdlect sales of Human [COMPANY] or products contamlIlg Human [COMPANY] atfless1h-;:1~1 f;:rir m;llkc1 v, iluC'jfor such products ( excluding - t;fe ~ e sarrU2lc ) ), the Net [COMPANY] Sales Revenues shall - betlnc ~ a : s('d io reflect the fair - market \'al\l~ of such products The deternlination of ' [ ill / market ~ " shail bc based on arms - Icngth -salcs to sImilarlv situated thIrd parties of products for the same application~~rag~ over the preceding ~veTv<0month period 2.11 shall mean ( i ) the usc, and sale for use ( directly or through Affiliates or sublicensees ), of Human [COMPANY] as a pharmacological product \vhose activity is based on oral tolerance induction, and ( ii ) the making of Human [COMPANY] solely for supply to [COMPANY]