definiens: shall mean on a country - by - country and License Product - by - Licensed Product basis, with respect to any period for each country, the gross amounts invoiced by LICENSEE or its Affiliates or Sublicensees, ( each, a ) to unrelated third parties for sales of a Licens ed Product in the Field in such country, less the following deduction s to the extent included in the gross invoiced sale s price for such Licensed Product or otherwise directed paid, incurr ed, allowed, accrued or specifically allocated, and documented by the Selling Parties with respect to the sale of such Licensed Product in such country : ( i ) discounts, including customary trade, quantity or cash discounts, credits adjustments or allowances, including those granted on account of price adjustments, billing errors, re jected or recalled goods, or damaged goods ; ( ii ) rebates and chargebacks allowed, gi ven or accrued ( including cash, governmental and managed care rebates, hospital or other buying group chargebacks, cash and non - cash coupons, retro active price reductions, and governmental taxes in the nat ure of a rebated based on usage levels or sales of such Licensed Product ) ; ( iii ) taxes, including but not limited t o sales, excise, turnover, inventory, value - added, import, export, excise ( including annual fees due u nder Section 9008 of the United States Patient Prot ection and Affordable Care Action of 2010 ( Pub . L. No . 111 - 48 ) and other comparable laws ) and other taxes, levied on, absorbed, determined or imposed with respect to the sale, production, transportation, import, export, delivery or use of such Licensed Product ( excluding income or n et profit taxes or franchise taxes of any kind ) ; -4- CONFIDENTIAL TREATMENT REQUESTED BY MARKER THERAPEU TICS, INC