definiens: or shall mean the sale, lease, transfer, exchange, or other disposition of Licensed Products to a third party whether by gift or otherwise by CYBERKINETICS, its Affiliates, Sublicensees, distributors or any third party authorized by CYBERKINETICS to make such sale, transfer, exchange or disposition . Sales of Licensed Products shall be deemed consummated upon the first to occur of : ( a ) receipt of payment from Confidential Treatment Requested 4 Exhibit 10.6 Confidential the purchaser ; ( b ) delivery of Licensed Products to the purchaser or a common carrier ; ( c ) release of Licensed Products from consignment ; ( d ) if deemed Sold by use, when first put to such use ; or ( e ) if otherwise transferred, exchanged, or disposed of . whether by gift or otherwise, when such transfer . exchange, gift, or other disposition occurs . Notwithstanding the foregoing definition of Sale, to the extent CYBERKINETICS distributes any Licensed Product under a treatment trial or other expanded access program at a sales price that exceeds its fully absorbed cost therefor, such excess shall be deemed to be a Sale for which royalties are payable in accordance with the other terms hereof