definiens: means a Third Party that has received a license or other right under the GenﬁtTechnology in accordance with Section 2.1(c ), but shall not include ( i ) any Third Party wholesaler or distributor engaged forthe sale of Licensed Product ( even if such wholesaler or distributor is granted a right or license to sell Licensed Product)provided that such wholesaler or distributor does not make any royalty, milestone, proﬁt share or other payment to Licenseeor its Aﬃliate based on such wholesaler ’s or distributor ’s sale of Licensed Product ; or ( ii ) any Third Party contract researchorganization or manufacturer providing services to Licensee or its Aﬃliate ( even if such contract research organization ormanufacturer is granted a right or license to make Licensed Compound or Licensed Product ) . For clarity, the gross invoicedprice for sale of Licensed Product to any wholesaler, distributor, contract research organization or manufacturer describedabove shall be included in Net Sales