definiens: means the gross invoiced sales revenues received or receivable by EUSA or its Affiliates ( or Permitted Sublicensees or any permit ted Third Party authorized by EUSA or any of the fo regoing, provided, that Net Sales shall not include sales of the Product by such Permitted Sublicensee or permi tted Third Party where the Product has first been sold by EUSA or its Affiliates to such Third Party ) from sales of the Product, less the following items : ( a ) discounts allowed in amounts * * * ; ( b ) * * * ; and ( c ) charges incurred in c onnection with * * * to the extent separately stated on an invo ice . In the case of any sale of the Product for val ue other than in an arm ’s length transaction exclusively for cash, s uch as barter or counter - trade, Net Sales shall be determined by referencing Net Sales at which substantially simila r quantities of the Product in the same country in the Territory are sold in an arm ’s length transaction for cash . I f EUSA or its Affiliates ( or Permitted Sublicensees or any permitted Third Party authorized by EUSA ) chooses t o sell the Product together with another product wi th composite pricing, Net Sales for the Product will b e recalculated based on the then - average price of t he Product to the applicable customer category when the Product i s sold in the same country 5 Confidential Materials omitted and filed separately with the Securities and Exchange Commission pursua nt to a request for confidential treatment under Rule 406 u nder the Securities Act of 1933, as amended . Confid ential portions are marked : [ * * * ] in the Territory independently of any other product . The supply of the Product ( x ) as commercial sampl es, ( y ) as charitable donations, or ( z ) for use in clinical st udies shall be excluded from the computation of Net Sales