definiens: shall mean the gross amount invoiced by [COMPANY] or [COMPANY] 's Affiliates to end - users, distributors, agents or the like, for sales of a Diagnostic Product and [COMPANY] Instrument, less : LA 1 : # 6250295v 17 ( 1 ) Commissions thereon ; and then ( 2 ) volume discounts, sales rebates, allowances, returns and sales taxes ( to the extent such sales taxes are, in all cases, invoiced separately by end - users ' distributors or agents ) in all cases, other than as included in Sales Expenses ; and then ( 3 ) 5 % of the remaining amount after the deduction in ( i ) above for Sales Expenses ; and then ( 4 ) if a Reagent Agreement Plan is utilized for a Diagnostic Product or [COMPANY] Instrument, 35 % of the remaining amount, after the deductions in ( 1 ), ( 2 ) and ( 3 ) above, as an agreed deduction for Reagent Rental Expenses ; and then ( 5 ) to the extent PCR Technology is included as a necessary component of a Diagnostic Product, one of the following deductions ( reflecting the agreed upon value attributable to [COMPANY] 's PCR Technology from time to time ): Confidential·Tre ~ tment Has Been·Requested By Affy, mewix, Inc