definiens: shall mean ( a ) in the case of an arm's - length transaction to an unrelated Third Party end user not enjoying any special course of dealing with Licensee or its Affiliates, wherein the end user Third Party is not providing any nonmonetary consideration and the gross ° invoice price for a Licensed Product that is subject to royalty obligation under Article 3 herein is not affected by any other purchase of goods or services or any license of intellectual property ( other than the end user rights conveyed pursuant to Article 2 of this Agreement ): the gross invoice price for . such sale of such Licensed Product ( together with any associated warranty coverage sold ) to an end user Third · Party by Licensee or its Affiliates of such Licensed Product, minus the following deductions where applicable : ( i ) discounts allowed and taken, in amounts customary in the trade, and ( ii ) sales and/or use taxes and/or duties for particular sales . No allowance or deduction shall be made for commissions or collections, by whatever name known ; 4 SVI ; \251104101\5DR40 1 ! .DOCI6721000020 Confidential Treatment Requested by Celera Corporation ( b ) subject to Section 3.3, in the case of a transaction to a distributor that is not an Affiliate of Licensee, [ Licensee 's published U.S. list price to end users, minus the . following deductions where applicable : sales and/or use · taxes and/or duties for particular sales . ] No allowance or deduction shall be made for commissions or collections, by whatever name known ; and ( c ) in the case of a sale, loan, lease, consignment, distribution or transfer of Licensed