definiens: shall mean, for the KUDCO Product during any period, thirty percent ( 30 % ) of Gross Margin for such period, ms ( i ) any fees, costs, expenses or Damages of KUDCO or its Afﬁliates in connection with patent infringement claims against the KUDCO Product or Activities involving the KUDCO Product, other than any such claims arising in connection with the Prilosec ® Litigation or the Prilosec ® Appeal ; provided that, except as otherwise consented to in writing by ANDRX and GENPHARM ( such consent not to be unreasonably withheld or delayed ), the term Damages for purposes of this clause ( i ) shall exclude amounts paid in the settlement of claims of Astra, ( ii ) any fees, costs or expenses of KUDCO or its Afﬁliates in connection with patent infringement claims against Third Parties involving the KUDCO Product, other than any such claims arising in connection with the Prilosec ® Litigation, and ( iii ) speciﬁc provision for bad debts when known, probable, and estimable, and in an amount exceeding Five Hundred Thousand Dollars ( $ 500,000 ) . Such amounts shall be determined in accordance with GAAP, consistently applied