definiens: means the gross invoiced Commercial Sales of Ovation, or its Affiliates or sublicensees within the Territory of the Product billed to Third Party customers less, to the extent such amounts are included in the gross invoiced sales price, the actual amount of : ( i ) freight and insurance costs incurred in transporting such Product to such customers ; ( ii ) quantity, cash and other trade discounts actually allowed and taken ; ( iii ) customs duties, surcharges and taxes and other governmental charges incurred in connection with the exportation or importation of such Product in final form ; ( iv ) amounts repaid or credited by reason of returns or rejections ( due to Product spoilage, damage, expiration or useful life or otherwise ) or retroactive price reductions ; ( v ) amounts incurred resulting from governmental mandated rebate or discount programs ; and ( vi ) Third Party rebates and charge backs actually allowed and taken, including, without limitation, hospital buying group charge backs, hospital buying group / group purchasing organization administration fees or managed care organization rebates