definiens: means any product, device, process, substance, composition or service that ; ( 1)falls within the ApoA - I Therapeutic Field, or ( 2 ) for which a Dual Use Application has beenestablished, and that is encompassed within the scope of a Valid Licensee Claim and the ApoA - ILicense referred to in Section 12.2, regardless of specific field of application;(b ) means the aggregate of the following amounts:(i ) amounts received by [COMPANY] or its Affiliates from any Person who is notResverlogix or its Affiliates ( a for purposes of this Sub - section ) inconsideration for granting a license or other rights to the third party which entitle thethird party to research, develop, make, manufacture, modify, administer, offer to sell, sellor distribute one or more of the Apo Products or amounts received under the terms ofsuch license or other rights that are granted to the third party ; and(ii ) the gross consideration received from a third party by [COMPANY], any sublicensees ortheir respective Affiliates from the sale of any Apo Product ( other than considerationreceived by [COMPANY], any sublicensee or their respective Affiliates from a sublicenseeof such Apo Product or its Affiliate ) ; less ( 1 ) credits or allowances, if any, actuallygranted ; ( 2 ) discounts actually allowed ; ( 3 ) freight, postage, and insurance charges andadditional special packaging charges ; and ( 4 ) customs duties, and excise sales taxes, duties or other taxes imposed upon and paid with respect to such sales ( excluding what iscommonly known as income taxes )