definiens: means, for any period, the gross sales of the AG Product less the following, as accrued and adjusted : ( i ) cash discounts [ ( and only to the extent that such amounts are included in invoices and then only to the extent that such amounts are customary and reasonable ) ] ; ( ii ) returns [ ( including recalls ) ; price protection and shelf stock adjustments ; reprocurement charges by its customers ] and other similar charges ; chargebacks, allowances, discounts, [ inventory management fees ], and rebates ; ( iii ) other payments required by law or agreed to be made under [ Medicaid, Medicare or other government special medical assistance programs ] ( including, but not limited to, payments made under the [ new and the ) ] ; ( iv ) any [ failure to supply penalties that [COMPANY] incurs from any of [COMPANY] 's customers purchasing the AG Product as a result of Eagle 's inability to provide AG Product hereunder ] ( as evidenced by written records ) ; and, ( v ) sales, excise or other similar taxes ( excluding income taxes ) . [ [COMPANY] shall not sell the AG Product as a loss leader or as a part of a bundle, basket or group sale with any other products(s ) ] not covered by this Agreement ; provided, however, [ [COMPANY] shall not be deemed to have sold the AG Product as a loss leader or 4 [ ] = Certain confidential information contained in this document, marked by brackets, is filed with tbe Securities and Exchange Commission pursuant to Rule 406 of tbe Securities Act of 1933, as amended . as a part of a bundle, basket or group sale with any other products(s ) [ not covered by this Agreement ] where any discount ( or similar adjustment to Net Sales ) is based on the aggregate volume of sales of the AGProduct and such other products, and the discount is allocated to the AG Product on a pro rata basis based upon the sales value ( Le ., the unit average selling price multiplied by the unit volume ) of the AG Product relative to the sales value contributed by the other constituent products, ] with respect to such sale . Net Sales shall be determined in accordance with generally accepted accounting principles, consistent with [COMPANY] 's books and records applicable in the Territory