definiens: Formula Price " shall mean an amount equal tor;;enty - five percent ( 25 % ) of the Net Retail Sal~ of the Agreement Product by Distributor or an Affiliate of Distributor, calculated on a @ountry - by - country ] basis, provided tha.t if the " I!~ [ pistributor 's rights to distribu§ the Agreement Product in a Region6hall become -;11 ' non - exclusive purs .. yam to Section 2 ], then the Formula Price for such Region shall equal to ~orty percent ( 40 % ) of the Net Retail sal~ of the BOS·BUS : 273692.7 -3 - Agreement Product on afunY : Y - by - countrylhaSis by Distributor or an Affiliate of Distributor in such RegIOn . ( lor sales by ~;bdistributori1 the Formula Price shall mean an amount equal tOlflfty percent ( 50 % ) of the gross amount actually receive§ ) ; ¥ ­by Distributor or an Affiliate of Distributor,[5lirectly or indirectli ] for or an ! iccount of sublicenses of any rights granted hereunde & ) including without limitation ~pfront sublicense fees, lump sum payments in respect of sublicense rights and any running royalties, without deduction of any kindJ shall mean ( i ) any modification of the Agreement Product ( made entirely from hylan B ) regarding the formulation of hylan B in the Agreement Product, that is changes of concentration of the polymer or other changes in the Agreement Product Specifications, whether or not requiring new regulatory approval in the EU Countries or in the United States, and ( ii ) any modifications or changes related to the packaging of the Agreement Product, including the syringe used . mode of application or dosage