definiens: shall mean, with respect to a Drug Product, the gross amount invoiced by NIBRI and any NIBRI Affiliate, sublicensee or marketing partner to Third Party customers for the Drug Product, less : ( a ) Normal and customary trade and quantity discounts and non - affiliated brokers ’ or agents ’ commissions actuallyallowed and taken and not already reflected in the amount invoiced ; ( b ) Amounts repaid or credited by reason of defects, rejections, returns, recalls, allowances, or retroactive pricereductions ; ( c ) Third Party cash rebates and chargebacks related to sales of finished Drug Products, to the extent allowed ; ( d ) Retroactive price reductions that are actually allowed or granted ; ( e ) Tariffs, duties, excise, sales, value - added, and other consumption taxes and customs duties to the extent included inthe invoice price and paid by or on behalf of NIBRI ; ( f ) Cash discounts for timely payment ; ( g ) Delayed ship order credits ; ( h ) Discounts pursuant to indigent patient programs and patient discount programs of any nature ; ( i ) A fixed charge of [ .. * * .