definiens: shall mean the gross amounts actually received by Buyer or its Affiliates for all GVAXProducts sold by Buyer or its Affiliates or Sublicensees to Third Parties throughout the Territory, less any deductionsallowed under U.S. G.A.A.P. to the extent not already taken, including, without limitation, the following amountsincurred or paid by Buyer or its Affiliates or Sublicensees with respect to sales of GVAX Products:(a ) trade, cash and quantity discounts or rebates actually allowed or taken, including discounts orrebates to governmental or managed care organizations;(b ) reimbursements, credits or allowances actually given or made for rejection or return of previouslysold GVAX Products ( including Medicare and similar types of rebates);(c ) any charges for insurance, freight, and other transportation costs directly related to the delivery ofGVAX Products;(d ) any tax, tariff, duty or governmental charge levied on the sales, transfer, transportation or deliveryof a GVAX Product ( including any tax such as a value added or similar tax or government charge ) borne by the sellerthereof, other than franchise or income tax of any kind whatsoever;(e ) any import or export duties or their equivalent borne by the seller;(f ) any amounts received in connection with conducting clinical trials;(g ) sales to government organizations, charitable non - governmental organizations, indigent programsand sales of GVAX Products at a loss or for materially reduced profit margins ; and(h ) the aggregate amount of all royalty payments made by Buyer to one or more Third Parties in anycountry in the Territory as consideration for a license to an issued patent or patents with respect to the GVAXcomponent of a GVAX Product, in the absence of which the GVAX Product could not legally be used or sold in suchcountry