definiens: shall mean, the gross amount invoiced for the Product in such period by [COMPANY] or its sub - licensees to third parties, less deductions for the following : ( a ) returned goods ; ( b ) trade and quantity discounts ; ( c ) rebates ; ( d ) payments in respect of any governmental subsidized program ; ( e ) reimbursement or similar payments given to wholesalers or other distributors, buying groups, healthcare insurance carriers or other institutions ; ( f ) sales or other taxes actually paid by [COMPANY] or its sub - licensees, not including taxes assessed on the income resulting from such sales ; and ( g ) freight allowances, insurance and customs duties to the extent any ofthe foregoing are identified DB 1162738073.1 4 on the invoice for the Product . If a Product is sold for consideration other than cash, the fair market value of such other consideration shall be included in Net Sales