definiens: means, for a given period, the cost as defined herein for Assays performed in such period, which shall be equal [ to a fraction, ( i ) the numerator of which is the total cost of raw materials, labor, and other direct and identifiable variable costs attributable to such performed Assays, plus reasonable allocations of Monogram 's overall costs for equipment pools, laboratory operations and laboratory support services, ( ii ) the denominator of which is the total number of Assays performed during such period . The costs for laboratory operations and laboratory support services shall include utilities, maintenance, engineering, safety, human resources, information technology, facilities, finance, laboratory management and other similar actIvItIes . The equipment pool, laboratory operations and support services costs shall be allocated in a manner consistent with GAAP ( as defined below ) applied on a basis consistent with Monogram 's internal practices as in effect as of the Effective Date, as modified by the provisions of this Agreement . Costs of Services shall not include any expenses reimbursed to Monogram elsewhere in the Agreement, royalties paid by Monogram to Third Parties in respect of such performed Assays, or specifically identifiable expenses reimbursed to Monogram pursuant to government grants . Notwithstanding anything in this Agreement to the contrary, in no event will the Costs of Services in any given period exceed the Costs of Services Cap applicable to such period . ] 1.21 means, for 2007, [ $ 330 ], and for each succeeding year, an amount equal to [ 103.5 % of the Costs of Services Cap for the immediately preceding year ( such amount to be appropriately adjusted ( i ) to reflect any additional amounts incurred by Monogram in respect of Commercial Assays and attributable to FDA regulations adopted following the Effective Date and ( ii ) as may be mutually agreed by the Parties to reflect any material change in circumstances occurring after the Effective Date, related to the manner in which Commercial Assays are performed by Monogram ) . ] 3 1.22 has the meaning assigned to it in Section 3 .5(b ) 1.23 has the meaning assigned to it in Section 3.5(b ) 1.24 has the meaning assigned to it in Section 3 .5(b ) 1.25 means, as determined by Monogram using Commercially Reasonable Efforts, the existence of funds available for payment to Monogram for a specific Commercial Assay from private insurance, HMO plans, Medicare, Medicaid, state insurance funds or other forms of medical care reimbursement, or self - insurance or individual agreements to pay Monogram in advance