definiens: shall mean, with respect t o any Product, the amount billed by [COMPANY] or its Affiliate or sublicensee to a Third Party which is not an Affiliate r sublicensee of the selling party ( unless such Affiliate or sublicensee is the end user of such product, in which case the a mount billed therefore shall be deemed to be the amount that would be billed to a Third Party in an arm 's -length transaction ) for sales of such Product, less the following items, as allocable to such Product : ( i ) trade discounts, credits or allowances, ( ii ) credits or allowances additionally granted upon returns, rejections or recalls ( except where any such recall arises out of [COMPANY] ' or its Affiliate 's or sublicensee 's gross negligence, willful misconduct or fraud ), ( iii ) freight, shipping and insurance charges, ( iv ) taxes, duties or other governmental tariffs ( other than income taxes ) and ( v ) government mandated rebates, if any ; all in accordance with [COMPANY] ' standard accounting methods, which methods are in accordance with generally accepted accounting principles