definiens: means the actual amount invoiced for PRODUCT sold by OSI or its AFFILIATES or SUBLICENSEES, less the following ( a ) standard quantity discounts actually allowed and ta ken in such amounts as are customary in the trade ; ( b ) commissions or rebates paid or allowed in complianc e with LAW to distributors and agents who are independent THIRD PARTIES ; ( c ) amounts repaid or credited by reason of timely rejection returns or retroactive p rice reductions ; ( d ) transportation, insurance and delivery charges ( to the extent separately stated on the inv oice and billed to the purchaser ) ; ( e ) applicable t axes ( other than franchise or income taxes on the income of OSI ) and other customs and duties assessed directly on sales of the PRODUCT to the extent identified specifically o n the invoice, and ( f ) cost of insurance billed to and paid by THIRD PARTY purchasers . In addition, NET INVOICED S ALES are subject to the following : 1.42.1 In the case of pharmacy incentive programs, hospital performance incentive program charge backs, disease management programs, similar program s or discounts on of products, each of wh ich must be in compliance with LAW, all discounts and t he like shall be allocated among products on the ba sis on which such discounts and the like were accrued, or if such basis can not be determined, proportionately to the list prices of such products ; 1.42.2 In the case of any sale or other disposal of PRODUCT by OSI to an AFFILIATE, for resale, the NET INVOICED SALES shall be calculated as above on the value charged or invoiced on the first arm ’ s length sale to a THIRD PARTY other than a SUBLICENS EE ) ; 1.42.3 . [ * * ] 1.42.4 . [ * * ]