definiens: means:(a ) with respect to Licensed Products, the gross salesprice actually charged by Licensee or an Affiliate orsublicensee of Licensee in the Commercial Sale of suchLicensed Product, less:(i ) trade, prompt payment, quantity or cashdiscounts, rebates, and non - affiliated brokers ' oragents ' commissions, each as actually and customarilyallowed and taken;- 2 -CONFIDENTIAL TREATMENT REQUESTEDCombination Product, ( B)[one - quarter ( 1/4U, if two otherAgents are included with a Licensed Product(s ) in suchCombination Product, and ( C)[one - fifth ( l / S ) } if three ormore Other Agents are included with a Licensed Product(s ) insuch Combination Product . as used above means[theactual cost paid by Licensee, and/or it Affiliates orsublicensees in an arm 's length transaction, if purchased, or if not purchased but actually manufactured by any suchentity, the.sum of the direct manufacturing cost asdetermined by such entity 's internal cost accounting systemconsistently applied . J lI)eans a person 's out - of - pocket expensesincurred in connection with the preparation, filing, prosecutionand maintenance of the patents under the Licensed Patent Rights, including, among other items, the fees and expenses of attorneysand patent agents, filing fees and maintenance fees, butexcluding costs involved in any patent infringement claims