definiens: shall mean the sum of all amounts actually received and all other consideration actually received ( or, when in a form other than cash or its equivalent, the fair market value thereof when received ) by Company and its Sublicensees from persons or entities due to or by reason of the sale, distribution or use of Licensed [ ~tJHJ Product, less the following deductions and offsets, to the extent such sums are otherwise included in the computation of Net Sales, or are paid and credited by Company and its Sublicensees and not otherwise reimbursed : ( i ) [ ~ lrecgoOOS, allowances, ~ h ~or rjiiilhti\Y~ f!lijjy ! l~.J > y the customer in such amouri~ customary in th~4 : WJ ; ( ii ) ( iii ) ( iv ) any ta~. excise, or other ~ovem ~ ental charges u ~ n ~r measured .. ~X " the productIOn, sales, transportahon, dehvery or use of said Licensed ~mw§:CJ Product contained therein ; [ ~tiOn ari(flnsUijJ~ 1iar ~ s and discounts ] other than those described 1#99978 v3 • [COMPANY] SI . Judas Agt HIGHLIGHTED.doc[W20001 11/12101 15:49 I 2 _ J ( v ) ( vi ) [ ~unts _ rep@,i¢9l'.;ciedited by rea ~ r ej ~ tions " ! ~~ l - d~ _ l!,1.J&1i _ ~lf : : fetUirlS ~i ~ iiSe of rebatetQ(fhar~ ~J ; taxes paid by Company or Sublicensees to a governmen t or an instrumentality thereof under a tax regulatory scheme equivalent to USC Title 42, Chapter 6A, Subchapter XlX, Part 2, Subpart a, Section 300 aa - II et seq ., or other similar legislation