definiens: shall mean, with respect to each DrugProduct, out - of - pocket costs and other costs ( in the case of personnel costs forpersonnel directly involved in the marketing or promotional activities, excluding sales personnel and field service supervisors ) which are incurred by aparty or any of its Affiliates including, without limitation, costs in thefollowing categories : ( a ) costs incurred in promoting and marketing such DrugProduct, including without limitation, advertising ( including agency fees),market research, patient - oriented promotions, meetings, pre - launch activitiesand expenses relating to launch of the Drug Product, and managed markets / healthauthority liaisons ( but excluding detailing expenses ) ; ( b ) amounts repaid or credited for bad debts ; ( c ) costs associated with post - marketing drug safetysurveillance ; ( d ) medical affairs costs, and costs associated withmedical / scientific liaisons ( including regional scientific directors ), medicaleducation and publications, professional symposia, advisory boards, speaker andactivity programs ; ( e ) costs of Phase IV Clinical Trials in the Territory andpharmacoeconomic studies ; ( f ) the cost of samples ; ( g ) costs of materials and programs for the training of salesforce and marketing management ; ( h ) costs of promotional materials, telemarketing, e - marketing, field and headquarters ' grants, exhibits, direct mail and samplealternative programs ; ( i ) all costs associated with the maintenance of RegulatoryApprovals ; ( j ) costs associated with any sales force training agreed toby NIBRI ; provided, however, that each party will train its own sales force ( andthat of its Affiliates ) at its own expense ; ( k ) amounts paid to a Third Party in order to obtain freedomto operate with respect to such Drug Product in the Territory ; and ( l ) amounts paid, whether in damages or by a settlementapproved by NIBRI, to a Third Party in the Territory as a result of anyallegation of infringement by any party of a Third Party patent by themanufacture, development or commercialization of such Drug Product