definiens: shall mean the production processes, information, data, and knowledge developed as of the Effective Date byMICHIGAN 's faculty member Dr. Maassab, or under his directionCONFIDENTIAL TREATMENT REQUESTEDat MICHIGAN, and ~ necessary or useful for[the manufacture ofinfluenza vaccines, gene therapy products, and other productsproduced from MASTER STRAINS ( including production processes, information, data, and knowledge necessary or useful for themanufacture of influenza vaccines produced from a reassortantvirus resulting from the co - cultivation of at least one ofthe MASTER STRAINS and at least one wild type virus ) .J2.6 shall mean donor strains of influenzaviruses[Type A / Ann Arbor/6/60 - H2N2 ( 7PI - SE2 ) and Type B / AnnArbor/1/66 ( 7P1 - SE2)]developed by MICHIGAN 's faculty memberDr . Maassab, and provided by MICHIGAN hereunder, having thecharacteristics of and significant homology to the following[six internal genes : nonstructural, matrix, nucleoprotein, andthree polymerase genes, as described in Virology, v.167, pp554 - 5647, 1988 and Virology, v.163,pp 429 - 443, 1988,respectively.)2.7 shall mean the sum, over the term of thisAgreement, of all amounts actually received and all otherconsideration actually received ( or, when ' ina form otherthan cash or its equivalent, the fair market value thereofwhen received ) by AVIRON and its AFFILIATES and SUBLICENSEESfrom persons or entities due to or by reason of the sale, distribution or use of PRODUCTS, less the followingdeductions and offsets, but only to the extent such sums areotherwise included in the computation of NET SALES, or arepaid by AVIRON and its AFFILIATES and SUBLICENSEES and nototherwise reimbursed : refunds, rebates, replacements orcredits actually allowed and taken by purchasers for returnof PRODUCTS ; government - mandated rebates or refunds given byAVIRON, AFFILIATES and SUBLICENSEES for purchases ofPRODUCTS ; customary trade, quantity and c ~ sh discountsactually allowed and taken ; excise, value - added, transportation, use and sales taxes actually paid by AVIRONand its AFFILIATES and SUBLICENSEES for PRODUCTS ; and3(o!'~lnnm41 TREATMENT REOUESTfDshipping and handling charges actually paid by AVIRON and itsAFFILIATES and SUBLICENSEES for PRODUCTS . Sales of PRODUCTSintended for resale to third parties, made internally amongstAVIRON and its AFFILIATES and SUBLICENSEES, shall not bedeemed sales for purposes of calculating subjectto royalty pursuant to Paragraph 5.3 of this Agreement ( notethat the resale by the recipient shall be included in thecalculation of and subject to royalty ) . Wheneverthe term may apply to a property during variousstages of manufacture, use or sale, as otherwisedefined, shall be derived from the sale, distribution or useof such PRODUCT by AVIRON or AFFILIATES or SUBLICENSEES atthe stage of its highest invoiced value to unrelated thirdparties