definiens: means the initial transfer by or on behalf of Licensee or its sublicensees of Licensed Products or the initial practice of a Licensed Process by or on behalf of Licensee or its sublicensees in exchange for cash or some equivalent to which value can be assigned for the purpose of determining Net Sales . For the avoidance of doubt, ( 1 ) sales for test marketing, sampling and promotional uses, clinical trial purposes or compassionate or similar use and ( 2 ) transfers of Licensed Products, whether by sale or otherwise, or practice of the Licensed Process, as between Affiliates of Licensee, or Affiliates of its sublicensees, will not constitute a First Commercial Sale or a sale for the purpose of determining Net Sales, provided that ( i ) the Affiliate to whom the transfer is made is not an end - user for the purpose of patient administration, and ( ii ) if Licensee, or a sublicense, sells a Licensed Product or Licensed Process to an Affiliate for resale, Net Sales will include any amounts received by such Affiliate from third parties on the resale of such Licensed Product or Licensed Process