definiens: of a Product shall mean the\fu.voiced pricS'1of such Product to the first person or entity purchasing such Product, l!!SS freight costs, commissfons, rebates and value added taxes or other levies or customs duties payable by FFI to non - Affiliate companie . ! ] provided, however, that if such first person or entity is an Affiliate of FFI, the Net Sales Price ~ hall be deemed to be§ ! greater of the Net Sales Price actually charged to such Affiliafi!:Jor the!!!et Sales Price that would be charged to a third party for a similar application . resale or use in an armS - length transacti0'E ! J, k ) for a Product sold or distributed shall mean the ~ t Sales Price for such Produ<:!lless ( 1 illl 's formulation cost for such Produci!(2)lE.FI·S sales . marketing and -administrative costs allocable to such Product ( not to exceed 25 % of the invoiced price);l(3)lEfl 'S manufact!Jring cost paid to GCI for the Phytase in such Product ; and ( 4 ) the{§st of deifvery from G.CI to F~ In the event that Profit can not reasonably be calculated because a Product contains ( ictive ingredients other than Phyt;YWhiCh add a significant contMbutlon to the Net Sal •• Price of LtJe Product apart from th ~ hytase, the parties shall in good faith negotiate the applicable /iercentage of PrO ~ by ~ terminin~ Lhe relative value of the contribution of the Phytase in the Page 2 of 11 " 60NFfDr : NTIAL TREATMENT REOUES7 :