definiens: means the aggregate gross revenues, whether in cash or in kind, derived by or payable from or on account of the sale of Licensed Products to end user customers, less the following items : ( a ) trade, cash, prompt payment and quantity discounts actuall y allowed or given ; ( b ) credits or allowances, if a ny, actually granted on account of price adjustments, recalls, r ejection or return of items previously sold, ( c ) ex cise, value - added and sales taxes, duties, tariffs or other tax es imposed on and paid with respect to such sales ( excluding income taxes of any kind ) and ( d ) outer packing, fr eight, transportation and freight insurance costs a ctually incurred . If PROGENICS or any of its Affiliates or sublicensees receive non - cash consideration for the sale or transfer of Finished Products or Bulk Products, as the case may be, to an independent third party not an Affiliate of the seller or transferor, the fair market value of such non - cash consideration on the date of such sale or transfer as known to PROGENICS, or as reasonably es timated by PROGENICS if unknown, shall be included in the definition of Net Sales