Common use of Payment of Certain Fees Clause in Contracts

Payment of Certain Fees. (a) If this Agreement is terminated by Parent in accordance with Section 9.1(b)(1), 9.1(b)(2)(A)(w), 9.1(b)(2)(A)(y), 9.1(b)(2)(B) (unless related to a resolution to take any of the actions set forth in Section 9.1(b)(2)(A)(x), in which case Section 9.3(c) shall apply) or 9.1(b)(3) hereof or by the Company pursuant to Section 9.1(c), then the Company shall (A) reimburse Parent for all of its Expenses and (B) pay to Parent in immediately available funds a termination fee in an amount equal to U.S.$7 million less Expenses paid or payable by the Company (the "TERMINATION FEE").