definiens: means .the date on which this Agreement shall come into effect, which shall be the 5th day of September, 2003 ; means all uses of the Technology ; means all revenues and receipts directly or indirectly receivable by the Licensee and, where sublicensing is permitted her ~ under, its sub - licensees or payable to the Licensee and its sub - licensees, from third party use, sale, distribution, leasing or sublicensing of Licensed Products and/or the use . of Licensed Processes, calculated on the basis of the Licensee 's fisCal year, or part thereof, less the following ~mounts relating to such sales : ( i ) discOunts allowed · in amounts ' that . are reasonable and customary In the trade ; ( II ) actual freight and insurance costs Incurred in transporting Licensed Products to such purchasers ; . ( III ) sales, use, value­added and other direct taxes Incurred in'respect of sale of Licensed Products ; ( Iv ) customs duties, surcharges and other governmental charges Incurred in connection with the export or Import . of Licensed Products ; and ( v ) amounts credited or allowed on returns . No deductions ' shall be made for commissions or fe.as paid to persons whether independent sales agents, . or are employed by the Li ~ nsee or Its sub - licensee, ' Or for other similar costs . Notwithstanding anything In this Agreement to the contrary, revenues and receipts shall be considered directly or indirectly receivable by Licensee when the Ucensee receives such amounts owed to H ; provided, however, that the Licensee has exercised commercially reasonable efforts to rollect all amounts oWeQ to It by Its sub - licensees or other third parties in connection With the licenses . granted hereunder in a timely manner . Ucensed Products shall be deemed to have been sold and Included In the Net Revenue of the Licensee and sub - licensee · when Invoiced, or If not invoiced, when delivered or paid for, whichever is the first to occur . Under no ' clrcumstances shall Net Revenue Include any grant money or other funding received by the Ucensee as re - Imbursement of expenses associated with the research and ' development · of the Technology by the Licensee