definiens: means, for the appl ~ cable period, the gross amount invoiced for sales or other transfers of the Products ( including, for purposes of Section 7.5, any generic Product ) by Forest and its Affiliates and permitted sublicensees to Third Parties that are not Affiliates or permitted sublicensees of Forest ( and to any Affiliate or sublicensee of Forest if such Affiliate or sublicensee is the final user of and does not further sell such Product, in which case the amount billed therefor shall be deemed to be the amount that would be billed to an independent Third Party in an arm 's length transaction ), less the following items as allocable to such Products, all as recorded in accordance with US GAAP and in a manner consistent with Forest 's revenue recognition policies from the sale of pharmaceutical products consistently applied : ( a ) trade discounts, credits or allowances, including without limitation, discounts provided by means of chargebacks, rebates and administrative fees charged by customers or health care organizations determined based upon sales ; ( b ) credits or allowances additionall y granted upon returns, rejections or recalls ( except where any such recall arises out of Forest 's or its Affiliate 's gross negligence, willful misconduct or fraud ) ; ( c ) freight, shipping and insurance charges ; ( d ) taxes, duties or other governmental tariffs ( other than income taxes ) ; and ( e ) rebates, discounts or other payments on sales of Product that are mandated by the government