definiens: means any payment or other consideration paid by or on behalf of the New Licensee or any of its Affiliates to BDSI or any of its Affiliates as consideration for the grant of rights under the New License ( including any payment for the manufacture or supply of any Licensed Product to the extent that such amount exceeds BDSI 's total direct and indirect costs of supply and manufacture ), such amounts to include but not be limited to all signature fees, milestone payments, royalties, and option payments . Where BDSI receives amounts in reimbursement of or advance payment for costs actually incurred by BDSI after the date of the New License with respect to any of its obligations under the New License, and BDSI has performed such obligations prior to such reimbursement or uses any advanced sums for such purposes, those amounts received shall not be considered as hereunder, provided that, where BDSI 's internal labor costs are being reimbursed or advanced, the exclusion thereof from hereunder shall only apply to the extent the FTE rate does not exceed $ 175,000 per year . The definition of Payments shall be set out in more detail in the Termination Agreement, consistent with the foregoing, when the payment provisions under the New License are established