definiens: shall mean the invoice price received by the LICENSEE or an Affiliate for the sale of Royalty Bearing Products required to be reported hereunder, less trade, contract and quantity discounts actually allowed, sales, use and turnover taxes ( excluding income taxes ) . import or export and excise taxes, custom duties, imposts and the like, and packing and crating charges . The invoice price shall be that of whichever of LICENSEE or an Affiliate made the sale . In the event a Royalty Bearing Product is sold in combination with other apparatus or product, as part of a kit, or in any other combination, and the Royalty Bearing Product is not separately valued on the invoice or other document evidencing such sale, the selling price of the Royalty Bearing Product shall be the then current list price for the Royalty Bearing Product when sale separately or, in the absence of such list price, shall be determined by multiplying the aggregate selling price of the combination by a fraction the numerator of which shall be vendor 's standard costs for the Royalty Bearing Product and the denominator of which shall be vendor 's standard cost for the total combination at the time of the sale . In the event that both the Royalty Bearing Product and other product have separate list prices but are being sold at a combination price which is less than the total of the separate list prices, then the selling price of the Royalty Bearing Product shall be determined by multiplying the invoice price charged for the combination by the ratio of the list price of the Royalty Bearing Product to the sum of the list prices of the Royalty Bearing Product and such other product . Where a Royalty Bearing Product is sold by LICENSEE to an Affiliate or by one Affiliate to LICENSEE or to another Affiliate at a price which is lower than the current U.S. list price of that product, then for the purpose of calculating the royalty due to LICENSOR for the sale price there shall be substituted the current US list price . If the Affiliate making the sale is not a US company then the current list price shall be the list price in that vendor 's country of incorporation . Without the prior written consent of LICENSOR, LICENSEE and its Affiliates shall not accept or solicit any non - monetary consideration in the sale of Royalty Bearing Products, or in the use of what would otherwise be Royalty Bearing Products in the performance of services on behalf of third parties . In the event that LICENSEE or an Affiliate provides an instrument to a particular customer and/or provides service on an instrument to a particular customer based, in whole or in part, on that customer 's purchase of Royalty Bearing Products ; and the price shown on the invoice to such particular customer for such Royalty Bearing Product is more than the average price in the reported period for the Royalty Bearing Product when sold separately to other customers ; and either there is no charge for such instrument andlor such service or the charge for such instrument and/or service is less than the average charged therefor to other customers in the reported period when they are provided separately ; then the Net Selling Price for the Royalty Bearing Product to such particular customer shall be the average price for the Royalty Bearing Product during the reported period when sold separately