definiens: means the gross amount invoiced for the Marketed Product sold by DOV and/or itsAffiliates or its sublicensees ( including any further sublicensees ) less : ( a)transportation charges or allowances, if any, included in such price ; ( b)trade, quantity or cash discounts, service allowances and broker 's or agent'scommissions, but not salaries, commissions, bonuses or other incentive pay to in - housesales or other personnel, if any, allowed or paid ; ( c)credits or allowances, if any, given or made on account of price adjustments, returns, baddebts, off - invoice promotional discounts, rebates, and any or all federal, state or localgovernment rebates whether in existence now or enacted at any time during the term ofthe Agreement ( e.g., HCFA or Medicaid rebates ), recalls, or destruction requested ormade by an appropriate government agency ; and ( d)any tax, excise or governmental charge upon or measured by the sale, transportation, delivery or use of the Marketed Product, provided, however, that in no event shall Net Sales be less than eighty percent ( 80 % ) ofgross amount invoiced for the Marketed Product