NET ENDOCARE REVENUES

NET ENDOCARE REVENUES. Shall mean: (A) all amounts received by Endocare from the (sub)licensing of Development Inventions (other than royalties received from CryoDynamics for Net CryoDynamics Revenues), but excluding amounts received to reimburse Endocare's cost to perform research, development or similar services, in reimbursement of patent or other out-of-pocket expenses, or in consideration for the purchase of any securities of Endocare (at a price up to one hundred percent (100%) of the then fair... market value of such securities). (B) Five percent (5%) of all amounts received by Endocare for the sales of products sold by Endocare that are solely based upon a Development Invention less (i) credits, 2 allowances, discounts and rebates to, and chargebacks from the account of, such customers for damaged and returned products; (ii) freight and insurance costs incurred in transporting such products to customers; (iii) cash, quantity and trade discounts, rebates and other price reductions for such products given to such customers under price reduction programs that are consistent with industry practices; (iv) sales, use, value-added and other direct taxes incurred on the sale of products to customers; and (v) customs duties, surcharges and other governmental charges incurred in exporting or importing such products to customers. To the extent Endocare incorporates a Development Invention into an Endocare Existing Product, CryoDynamics will be compensated based upon Section 5.2. View More