definiens: means the gross sales price for sales, or other transfers of Drug Product, sold world - wide, calculated in US Dollars, received by [COMPANY] or its Affiliates or sublicensees, from a purchaser of Drug Product, who is not an Affiliate of [COMPANY], less ( to the extent appropriately documented the following reasonable amounts : ( a ) credits and allowances for price adjustment, rejection, or return of Drug Product previously sold ; ( b ) rebates, quantity and cash discounts to purchasers allowed and taken ; ( c ) amounts for third party transportation, insurance, handling or shipping charges to purchasers ; and ( d ) taxes, duties and other governmental charges levied on or measured by the sale of Drug Product, whether absorbed by [COMPANY] or paid by the purchaser so long as [COMPANY] 's respective price is reduced thereby, but not franchise or income taxes of any kind whatsoever . Net Sales also includes the fair market value of any non - cash consideration received by BioMarinor · its Affiliates or sub - licensees, as applicable, for the sale or transfer of Drug Product . Transfer of Drug Product between [COMPANY] and its Affiliates or sub - licensees shall not be considered a Net Sale for purposes of ascertaining royalty charges . In such circumstances, the gross sales price and resulting Net Sales price shall be based upon the sale of Drug Product by the transferee