definiens: means any monies, royalties, payments, cash equivalent ( including non - cash consideration),or other consideration received by BRT or any of its Affiliates from third parties from the use, lease, othercommercialization, licensing, infringement, litigation ( after deduction of all reasonable costs of litigation directlyrelated to achieve recovery ) or Sale of the Patents . In no event will include any of thefollowing : ( a ) cash, quantity and other trade discounts, credits or allowances ; ( b ) credits or allowances grantedupon returns, rejections or recalls ; ( c ) amounts payable resulting from governmental ( or any agency thereof)mandated rebate programs ; ( d ) chargebacks and other amounts paid on the sale or dispensing of Products ; ( e)taxes, tariffs and duties ; ( f ) transportation, freight, postage, importation, insurance and other handling expenses;(g ) delayed ship order credits ; ( h ) discounts pursuant to indigent patient programs and patient discountprograms and coupon discounts ; ( i ) amounts received from Foundation or the University or any Affiliate thereof;(j ) amounts received as grants from any governmental body, quasi - governmental body or foundation ; or ( k)amounts received from third parties in connection with clinical trials