definiens: shall mean any and all revenues or payments in - kind received by NewLink or its Affiliates from a Sublicensee ( as defined in Article 3 ) as consideration for the grant by NewLink of a sublicense under the rights granted to NewLink by LIMR pursuant to Article 2(a ) hereof, but excluding sums or amounts received : ( i ) for the purchase of an equity interest in New Link ( which Page 2 of20 for purposes of this Agreement shall be valued at fair market value at the time of receipt by NewLink ) ; ( ii ) as fair market value payments or reimbursements for research and development work performed by or on behalf of NewLink ( which reimbursement may be in the form of reasonable and typical FTE rates ) ; ( iii ) for purchase or supply of Licensed Product ; and ( iv ) as a loan, or as reimbursement of patent prosecution costs, or as payment of a share of amounts recovered in enforcing a patent or other intellectual property rights . Furthermore, if New Link or an Affiliate receives from a Sublicensee payments or revenue or other consideration, and such payments or revenue or other consideration is in consideration both for the grant of a sublicense under the Licenses granted to NewLink hereunder as well as for the grant of a license or sublicense to other technology controlled by New Link but not acquired from LIMR under this Agreement, then the for purposes of this Agreement, shall be deemed to be such payments or revenue or other consideration multiplied by a percentage that fairly represents, as reasonably determined and mutually agreed upon by the parties, the percentage contribution of the LIMR Technology and the Patent Rights to the total value of the rights licenses or sublicensed by NewLink or its Affiliate to such Sublicensee . Either party may request an independent third party fair market value determination of such reasonable percentage and in such a case the parties shall equally share the cost of obtaining such determination