definiens: means, for a given period, all sales of the Produ ct during such period ( [ … * * * … ] ) by or on behalf of [COMPANY] or its Affiliates to Third Parties in the Territory ( regar dless of whether [COMPANY] or its Affiliates have received mor e or less than the [ … * * * … ] ) . For purposes of determ ining Gross Sales, ( i ) the Product shall be deemed to be sold at the point of shipment, and ( ii ) sales, tran sfers or dispositions of the Product as promotional samples or for charitable or pre - clinical, clinical or post -approval studies purposes shall be excluded from Gross Sales, and ( iii ) sales or transfers of the Product among [COMPANY] and its Affiliates shall be excluded from Gross Sal es, provided that any subsequent sale to a Third Pa rty in the Territory shall be included