definiens: means the gross amount billed or invoiced by or o n behalf of Company, its Affiliates and their Sublicensees and the Sublicensees ’ Affiliates ( in each case, the ) or if not billed or invoiced the gross amount received by the Invoicing Entity, on sales, leases, uses or other transfers of Licensed Products, less the following to the extent applicab le with respect to such sales, leases, uses or othe r transfers and not previously deducted from the gross invoice pric e : ( a ) customary trade, quantity or cash discounts to the extent actually allowed and taken ; ( b ) amounts actu ally repaid or credited by reason of rejection, ret urn or recall of any previously sold, leased, used or otherwise t ransferred Licensed Products ; ( c ) rebates, chargeba cks and retroactive price adjustments granted or given ; ( d ) allowances for non - collectible receivables ; ( e ) cu stomer freight charges that are paid by or on behalf of th e Invoicing Entity ; ( f ) to the extent separately st ated on purchase orders, invoices or other documents of sal e, any sales, value added or similar taxes, custom duties or other similar governmental charges levied directly on the production, sale, transportation, delivery o r use of a Licensed Product that are paid by or on behalf of t he Invoicing Entity, but not including any tax levi ed with respect to income and ( g ) fees that are imposed pur suant to the Affordable Care Act that are payable o n net sales of products ; provided that : 8 CONFIDENTIAL TREATMENT REQUESTED . INFORMATION FOR W HICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND MARKED WITH . AN UNREDACTED VERSION OF THE DOCUMENT HAS ALSO BEEN FURNISHED SEP ARATELY TO THE SECURITIES AND EXCHANGE COMMISSION AS REQUIRED BY RULE 406 UND ER THE SECURITIES ACT OF 1933, AS AMENDED