definiens: shall mean with respect to any period for any country in theTerritory, the gross receipts, by Spectrum ( for purposes of this Article I ( 0 ), the term shall include Third Parties used by Spectrum to market the LicensedProduct ) its Affiliates or its Sublicensees, as applicable, from unrelated third parties forsales of Licensed Product, less the following deductions if actually allowed andallocable to Licensed Product : ( i ) discounts, credits, rebates, allowances, adjustments, rejections, recalls, and returns for which the custorner has been credited ; ( ii ) trade, quantity, or cash discounts or rebates custornary to the industry and actually allowed, given or accrued ( including, but not limited to, cash, governmental and rnanaged carerebates, hospital or other buying group charge backs, and governrnental taxes in thenature of a rebate based on usage levels or sales of the Licensed Product ) ; ( iii ) sales, excise, turnover, inventory, value - added, and sirnilar taxes assessed on the sale of theLicensed Product ; ( iv ) an allowance for actual transportation, distribution, irnportation, insurance and other handling fees ; ( v ) sales, transfers or dispositions of LicensedProduct for charitable, prornotional ( including samples ), pre - clinical, clinical or regulatorypurposes will be excluded from Net Sales, as will sales or transfers of Licensed Productamong Spectrum and it 's Affiliates, and Sublicensees . For the avoidance of doubt, foreach Licensed Product the Net Sales shall be calculated only once for the first sale ofsuch Licensed Product by Spectrum, its Affiliate or its Sublicensees, as the case maybe, to a Third Party which is neither an Affiliate or Sublicensee of Spectrum . A sale ofLicensed Products by Spectrum, its Affiliate or its Sublicensees to a wholesaler, distributor or any other Third Party shall be regarded as the first sale of the LicensedProduct for the purpose of calculating Net Sales . Net Sales shall not include theamount received on account of sales of a Licensed Product or of sales of a LicensedProduct in a particular country for which the term of this Agreement has expired