definiens: means any amounts due and payable to the Seller from Merck Serono pursuant to ( a)!A.rticIe 7.2 of)he License Agreement in respect of Net Sales of Product before October 1,2008, ( b ) the first para raph 0 Article 7.3 a the License Agreement in respect of periods before October 1,2008 or ( c ) Article 80 the License Agreement . For the avoidance of doubt, the Excluded Payments shall ( i ) include any payments received by the Seller from Merck Serono under{ArticIe 7.2 o]the License Agreement and the first paragraph o(ArticIe 7.3 .sillthe License Agreement in respect of the calendar quarter ending September 30, 2008, the latter of which is to be paid to the Seller on or about October 31,2008 and ( ii ) exclude payments received by the Seller or the Buyer from Merck Serono on or after January 1,2009 underfArticIe 7 o ~ the License Agreement ( regardless of when earned )