definiens: shall mean gross sales, royalty and other revenue, assets and rights received by Agen from the first s ale to a non - affiliate of Agen ( or, if the first sa le is by a transferee of Biological Material in violation of t his Agreement, the first sale to a non - affiliate of such transferee ) of products containing at least one of the Biological Materials described in Section 8 abo ve ( which Biological Material was either supplied by Synbioti cs or manufactured by or for Agen ( or such transfer ee of Agen ) using the Deposit Cell Lines following a rele ase thereof hereunder ) or Agen Derivatives, less ( i ) trade discounts and rebates ( to the extent not already re flected by a reduced gross sales revenue ), ( ii ) bon a fide shipping and handling ( to the extent payments from customer therefor were included in gross sales reve nue ), ( iii ) taxes ( to the extent payments from customer therefo r were included in gross sales revenue ), and ( iv ) a mounts repaid or credits taken by reason of rejections, de fects, returns, retroactive price reductions, or du e to recalls or government laws or regulations requiring rebates