definiens: means the gross payments and other consideration accrued or received by LICENSEE or a LicensedAffiliate ( but not Commercial Sublicensees ) for : ( i ) the sale or other disposition of Licensed Products ; or ( ii ) theperformance of Licensed Services . The expression or with respect toLicensed Products means Licensed Products not sold but delivered by LICENSEE to others regardless of the basisfor compensation . Where Licensed Products are not sold, but are otherwise disposed of, Net Sales from suchproducts for the purpose of computing royalties will be the selling price at which Licensed Products are currently beingoffered for sale by LICENSEE, or its Licensed Affiliates or Commercial Sublicensees . Where Licensed Products arenot currently being offered for sale by LICENSEE, its Licensed Affiliates, or Commercial Sublicensees, Net Salesfrom such products for the purposes of determining royalties shall be the fair market value of such products