definiens: means settlements and damage awards payable to Th ird Parties, recall costs, the cost of Unsaleable Product, costs incurred in connection wi th Third Party patent infringement claims, product liability claims and amounts payable to customers as a result of [COMPANY] ’ inability to timely supply Product, in each case with respect to the sale of Products by [COMPANY], it s Affiliates or sublicensees, excluding ( i ) amounts that are payable or reimbursable by a Party pursuant to this Agreement, ( ii ) amounts that are payable or reimbu rsable by a Third Party, such as a CMO or an insurance carrie r, and ( iii ) amounts payable to customers that are primarily attributable to [COMPANY] ’ failure to manufacture, pa ckage, ship and timely supply the Finished Product for reasons unrelated to ( A ) the unavailability of Bulk Product, ( B ) manufacturing, packaging or shipping problems outside the reasonable control of [COMPANY], or ( C ) Force Maj eure