definiens: means the actual amount invoiced for PRODUCT sold by OSI or its AFFILIATES orSUBLICENSEES, less the following ( a ) standard quantity discounts actually allowed and taken in such amounts as arecustomary in the trade ; ( b ) commissions or rebates paid or allowed in compliance with LAW to distributors and agents who areindependent THIRD PARTIES ; ( c ) amounts repaid or credited by reason of timely rejection returns or retroactive pricereductions ; ( d ) transportation, insurance and delivery charges ( to the extent separately stated on the invoice and billed to thepurchaser ) ; ( e ) applicable taxes ( other than franchise or income taxes on the income of OSI ) and other customs and dutiesassessed directly on sales of the PRODUCT to the extent identified specifically on the invoice, and ( f ) cost of insurance billedto and paid by THIRD PARTY purchasers . In addition, NET INVOICED SALES are subject to the following:1.42.1 In the case of pharmacy incentive programs, hospital performance incentive program charge backs, diseasemanagement programs, similar programs or discounts on of products, each of which must be in compliance withLAW, all discounts and the like shall be allocated among products on the basis on which such discounts and the like wereaccrued, or if such basis can not be determined, proportionately to the list prices of such products;1.42.2 In the case of any sale or other disposal of PRODUCT by OSI to an AFFILIATE, for resale, the NETINVOICED SALES shall be calculated as above on the value charged or invoiced on the first arm ’s length sale to a THIRDPARTY other than a SUBLICENSEE);1.42.3 . [ * * ] 1.42.4 . [ * * ]