il - 1 antibody termination agreement by and between novartis pharma ag novartis pharmaceuticals corporation and regeneron pharmaceuticals, inc. dated as of june 8, 2009 ( a ) normal and customary trade and quantity discounts actually allowed and properly taken directly with respect to sales of such covered product ; ( b ) free goods ; ( c ) amounts repaid or credited by reason of defects, rejections, recalls, returns, rebates and allowances ; ( d ) chargebacks and other amounts paid on sale or dispensing of such covered product ; ( e ) third party cash rebates and chargebacks related to sales of the finished covered product, to the extent allowed ; ( f ) medicaid rebates ; ( g ) retroactive price reductions that are actually allowed or granted ; ( h ) tariffs, duties, excise, sales, value - added or other taxes ( other than taxes based on income ) ; ( i ) cash discounts for timely payment ; ( j ) delayed ship order credits ; ( k ) discounts pursuant to indigent patient programs and patient discount programs, including, without limitation, “ together rx, ” “ novartis care program, ” and coupon discounts ; ( l ) insurance expenses included as a separately billed item in the invoice amount ; ( m ) [ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ] ; and ( n ) any other specifically identifiable costs or charges included in the gross invoiced sales price of such covered product falling within categories substantially equivalent to those listed above. ( i ) novartis has no rights, and regeneron has no obligations, under the clo agreement or any other agreement with respect to the trap - 1 or the trap - 1 product. without limiting the foregoing, novartis acknowledges and agrees that with effect from february 27, 2004 and pursuant to the terms of the termination letter, regeneron has been and shall continue to be free to research, develop, manufacture and commercialize the trap - 1 product in its sole discretion, alone or with one or more third parties, without being subject to the provisions of the clo agreement ; ( ii ) with effect from the effective date,