definiens: shall mean in the case of any Commercial Products sold in a particular country by either Party and/ or their respective Affiliates and sublicensees in Final Phar maceutical Form to an Independent Third Party : ( i ) uncompounded with any other active i ngredient, the Net Invoiced Sales Value of such Commercial Produ cts ; ( ii ) compounded with any other active the rapeutic ingredient, the value of the total declared amount o f the Commercial Product contained therein, as agreed by disc ussions between [COMPANY] and Oncogene ; if the value can not be agr eed upon there it should be decided by an independent accountant mutually acceptable to [COMPANY] and Oncogene, whose decision shall be binding upon them ; and -5- ( iii ) in bulk, the Net Invoiced Sales Valu e of such Commercial Product sold to said Independent Third Party in Final Pharmaceutical Form