definiens: means all upfront fees, milestone payments and similar license fees received byLICENSEE from its Sublicensees in consideration for the grant of a Sublicense for Patent Rights andTechnology, but excluding:(i ) any royalty payments or other share of net sales ( including revenue sharing, profit paymentsthat would otherwise be reflected in Net Sales ) on the sale or distribution of Licensed Products orservices using Licensed Products;(ii ) payments for equity or debt securities of LICENSEE ( except to the extent such paymentsexceed the fair market value of such securities upon date of receipt, in which case such premiumsover fair market value shall be deemed to be ) ; 9Eff . 4/18/12 OAL FINAL(iii ) research or development funding explicitly earmarked to be applied directly to the futureresearch and/or development of Licensed Products and/or Licensed Services;(iv ) amounts payed by a Sublicensee for supply of goods from LICENSEE related to theLicensed Products ; and(v ) payments and reimbursement of Patent Costs previously paid to UNIVERSITY byLICENSEE with respect to the filing, preparation, prosecution or maintenance of the Patent Rights