definiens: means an amount of 30 % of N et Selling Price as defined in the License Agreement, provided, however, that during the first four ( 4 ) years of the term of the License Agreement, the Trade Transfer Price shall not be less than Sixteen Dollars ( $ 16.00 ) per Unit ( the ) nor more than Eighteen Dollars ( $ 18.00 ) per Unit ( the ) . On or before September 30, 2001, the Floor and the Cap shall be negotiated in good f aith by [COMPANY] and Fidia based upon the prevailing economic and competitive dynamics affecting the marketplace . If [COMPANY] and Fidia do not reach agree ment prior to the commencement of the next calendar year, the Floor a nd the Cap agreed upon for the previous calendar year will be adjusted by an a mount equal to the percentage increase or decrease in the all items index of the US Department of Labor ( Bureau of Labor Statistics ) Consumer Price Index ( ) for the USA from the base month of August 1999, provided, however, that at no time shall the annual increase or decrease exceed 4 % . During the remainde r of the term of the License Agreement, the new Floor and the new Cap will be an nually adjusted by an amount equal to the percentage increase or decrease in the CPI from the base month of August 2001, provided, however, that at no time sha ll the annual increase or decrease exceed four percent ( 4 % ), nor 6 shall the Trade Transfer Price exceed 30 % of Net Se lling Price as defined in the License Agreement