Common use of Remittance Clause in Contracts

Remittance. (a) All royalties and milestone payments required under this Section 4 shall be payable in full in the United States in United States Dollars, regardless of the countries in which sales are made. For the purpose of computing Net Sales for which a currency other than United States Dollars is received, such currency shall be converted into United States Dollars at the simple average of all Mondays' exchange rate for buying United States Dollars set forth in THE WALL STREET JOURNAL for the calendar quarter in which such sales were made. (b) In the event that any payment due NeoGenesis under this Agreement is not made when due, the amount due shall accrue interest beginning on the thirtieth (30th) day following the final date on which such payment was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate reported in the WALL STREET JOURNAL for the due date, calculated from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment. (c) If at any time legal restrictions within any country in the Territory prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi of any royalties owed by Mitsubishi to NeoGenesis in respect of sales in such country is prevented, Mitsubishi shall use its best efforts to make payment through any lawful means or methods that may be available as Mitsubishi shall reasonably determine. If royalties in any country cannot be remitted within three (3) months after the end of the relevant royalty period then Mitsubishi shall pay NeoGenesis in the local currency of such country by deposit of the relevant royalties sin a bank account in such country designated by NeoGenesis.

Remittance. (a) All royalties and milestone payments required under this Section 4 shall be payable in full in the United States in United States Dollars, regardless of the countries in which sales are made. For the purpose of computing Net Sales for which a currency other than United States Dollars is received, such currency shall be converted into United States Dollars at the simple average of all Mondays' exchange rate for buying United States Dollars set forth in THE WALL STREET JOURNAL for the calendar quarter in which such sales were made. (b) In the event that any payment due to NeoGenesis under this Agreement is not made when due, NeoGenesis shall be entitled, but not obliged, to demand interest on the amount due due, which interest shall accrue interest beginning on the thirtieth fifteenth (30th15th) day following the final date on which such payment was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate reported in the WALL STREET JOURNAL for the due date, calculated from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment. (c) If at any time legal restrictions within imposed by any country in the Territory national authority prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi OGS of any royalties owed by Mitsubishi OGS to NeoGenesis in respect of sales in such country is prevented, Mitsubishi the parties shall use its best efforts consult with a view to finding a prompt and acceptable solution, and OGS shall make payment through any lawful means or methods that may be available as Mitsubishi NeoGenesis shall reasonably determine. If request at no additional out-of-pocket expense to OGS Notwithstanding the foregoing, if royalties in any country cannot be remitted to NeoGenesis for any reason within three (3) months month after the end of the relevant royalty period Calendar Quarter, then Mitsubishi OGS shall pay NeoGenesis in the local currency of such country by deposit of the relevant royalties sin in a bank account in such country designated by NeoGenesis.

Remittance. (a) All Subject to Section 4.6(c), all royalties and milestone payments required under this Section 4 and royalty payments required under Sections 4A.18 and 4A.19 shall be payable in full in the United States in United States Dollars, regardless of the countries in which sales are made. For the purpose of computing Net Sales for which a currency other than United States Dollars is received, such currency shall be converted into United States Dollars at the simple average of all Mondays' exchange rate for buying United States Dollars set forth in THE WALL STREET JOURNAL for the calendar quarter in which such sales were made. (b) In the event that any payment due NeoGenesis either party under this Agreement is not made when due, the amount due shall accrue interest beginning on the thirtieth (30th) fifth day following the final date on which such payment was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate reported in the WALL STREET JOURNAL for the due date, or, if lower, the maximum rate permitted by law, calculated from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis the party to whom payment is due to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment. (c) If at any time legal restrictions within any country in the Territory prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi the party owing a royalty of any royalties owed by Mitsubishi to NeoGenesis in respect of sales in such country is prevented, Mitsubishi the party owing a royalty shall use its best efforts to make payment through any lawful means or methods that may be available as Mitsubishi such party shall reasonably determine. If royalties in any country cannot be remitted within three (3) months after the end of the relevant royalty period period, then Mitsubishi the party owing a royalty shall pay NeoGenesis the other party in the local currency of such country by deposit of the relevant royalties sin in a bank account in such country designated by NeoGenesisthe other party. * = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION.

Remittance. (a) All Subject to Section 4.6(c), all royalties and milestone payments required under this Section 4 and royalty payments required under Sections 4A.18 and 4A.19 shall be payable in full in the United States in United *=CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. 21 States Dollars, regardless of the countries in which sales are made. For the purpose of computing Net Sales for which a currency other than United States Dollars is received, such currency shall be converted into United States Dollars at the simple average of all Mondays' exchange rate for buying United States Dollars set forth in THE WALL STREET JOURNAL for the calendar quarter in which such sales were made. (b) In the event that any payment due NeoGenesis either party under this Agreement is not made when due, the amount due shall accrue interest beginning on the thirtieth (30th) fifth day following the final date on which such payment was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate reported in the WALL STREET JOURNAL for the due date, or, if lower, the maximum rate permitted by law, calculated from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis the party to whom payment is due to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment. (c) If at any time legal restrictions within any country in the Territory prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi the party owing a royalty of any royalties owed by Mitsubishi to NeoGenesis in respect of sales in such country is prevented, Mitsubishi the party owing a royalty shall use its best efforts to make payment through any lawful means or methods that may be available as Mitsubishi such party shall reasonably determine. If royalties in any country cannot be remitted within three (3) months after the end of the relevant royalty period period, then Mitsubishi the party owing a royalty shall pay NeoGenesis the other party in the local currency of such country by deposit of the relevant royalties sin in a bank account in such country designated by NeoGenesisthe other party.

Remittance. (a) All royalties royalties, milestone and milestone other payments required under this Section Article 4 shall be payable in full in the United States made by bank wire transfer in United States Dollars, regardless of dollars in immediately available funds to an account designated by NeoGenesis. Royalties shall be deemed payable by the countries entity making the Net Sales from the country in which sales are madeearned in local currency and subject to foreign exchange regulations then prevailing. For Royalty payments shall be made in United States dollars to the purpose extent that free conversion to United States dollars is permitted. The rate of computing exchange to be used in any such conversion from the currency in the country where such Net Sales for which a currency other than United States Dollars is received, such currency occurs shall be converted into United States Dollars at in accordance with the simple average of all Mondays' exchange rate for buying United States Dollars policy set forth in THE WALL STREET JOURNAL for the calendar quarter in which such sales were madeATTACHMENT D attached hereto. (b) In the event that any payment due NeoGenesis under this Agreement is not made when due, the amount due shall accrue interest beginning on the thirtieth (30th) fifth day following the final date on which such payment was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate reported in the WALL STREET JOURNAL for the due date, calculated *= CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment. (c) If at any time legal restrictions within any country in the Territory or prohibitions imposed by national or international authority prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi Schering of any royalties owed by Mitsubishi Schering to NeoGenesis in respect of sales in such country is prevented, Mitsubishi the parties shall use consult with a view to finding a prompt and acceptable solution, and Schering or its best efforts to designated Affiliates will make payment through any lawful means or methods that as NeoGenesis may be available as Mitsubishi shall reasonably determine. If lawfully direct at no additional out-of-pocket expense to Schering.. Notwithstanding the foregoing, if royalties in any country cannot be remitted to NeoGenesis for any reason within three (3) months after the end of the relevant royalty period calendar quarter during which they are earned, then Mitsubishi Schering shall be obligated to pay NeoGenesis in the local currency of such country by and shall deposit of the relevant royalties sin in a bank account in such country designated by NeoGenesis and in the name of NeoGenesis.

Remittance. (a) All royalties and milestone payments required under this Section 4 shall be payable in full in the United States in United States Dollars, regardless of the countries in which sales are made. For the purpose of computing Net Sales for which a currency other than United States Dollars is received, such currency shall be converted into United States Dollars at the simple average of all Mondays' ’ exchange rate for buying United States Dollars set forth in THE WALL STREET JOURNAL The Wall Street Journal for the calendar quarter in which such sales were made. (b) In the event that any payment due to NeoGenesis under this Agreement is not made when due, NeoGenesis shall be entitled, but not obliged, to demand interest on the amount due due, which interest shall accrue interest beginning on the thirtieth fifteenth (30th15th) day following the final date on which such payment was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate reported in the WALL STREET JOURNAL Wall Street Journal for the due date, calculated from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment. (c) If at any time legal restrictions within imposed by any country in the Territory national authority prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi OGS of any royalties owed by Mitsubishi OGS to NeoGenesis in respect of sales in such country is prevented, Mitsubishi the parties shall use its best efforts consult with a view to finding a prompt and acceptable solution, and OGS shall make payment through any lawful means or methods that may be available as Mitsubishi NeoGenesis shall reasonably determine. If request at no additional out-of-pocket expense to OGS Notwithstanding the foregoing, if royalties in any country cannot be remitted to NeoGenesis for any reason within three (3) months month after the end of the relevant royalty period Calendar Quarter, then Mitsubishi OGS shall pay NeoGenesis in the local currency of such country by deposit of the relevant royalties sin in a bank account in such country designated by NeoGenesis.

Remittance. (a) All royalties royalties, milestone and milestone other payments required under this Section Article 4 shall be payable in full in the United States made by bank wire transfer in United States Dollars, regardless of dollars in immediately available funds to an account designated by NeoGenesis. Royalties shall be deemed payable by the countries entity making the Net Sales from the country in which sales are madeearned in local currency and subject to foreign exchange regulations then prevailing. For Royalty payments shall be made in United States dollars to the purpose extent that free conversion to United States dollars is permitted. The rate of computing exchange to be used in any such conversion from the currency in the country where such Net Sales for which a currency other than United States Dollars is received, such currency occurs shall be converted into United States Dollars at in accordance with the simple average of all Mondays' exchange rate for buying United States Dollars policy set forth in ATTACHMENT D attached hereto. *= CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE WALL STREET JOURNAL for the calendar quarter in which such sales were madeCOMMISSION. (b) In the event that any payment due NeoGenesis under this Agreement is not made when due, the amount due shall accrue interest beginning on the thirtieth (30th) fifth day following the final date on which such payment was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate reported in the WALL STREET JOURNAL for the due date, calculated from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment. (c) If at any time legal restrictions within any country in the Territory or prohibitions imposed by national or international authority prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi SPL of any royalties owed by Mitsubishi SPL to NeoGenesis in respect of sales in such country is prevented, Mitsubishi the parties shall use consult with a view to finding a prompt and acceptable solution, and SPL or its best efforts to designated Affiliates will make payment through any lawful means or methods that as NeoGenesis may be available as Mitsubishi shall reasonably determine. If lawfully direct at no additional out-of-pocket expense to SPL.. Notwithstanding the foregoing, if royalties in any country cannot be remitted to NeoGenesis for any reason within three (3) months after the end of the relevant royalty period calendar quarter during which they are earned, then Mitsubishi SPL shall be obligated to pay NeoGenesis in the local currency of such country by and shall deposit of the relevant royalties sin in a bank account in such country designated by NeoGenesis and in the name of NeoGenesis.

Remittance. (a) All royalties and milestone Subject to Section 3.20(c), all payments required under this Section 4 Sections 3.18 and 3.19 shall be payable in full in the United States in United States Dollars, regardless of the countries in which sales are made. For the purpose of computing Net Sales for which a currency other than United States Dollars is received, such currency shall be converted into United States Dollars at the simple average of all Mondays' exchange rate for buying United States Dollars set forth in THE WALL STREET JOURNAL for the calendar quarter in which such sales were made. (b) In the event that any payment due NeoGenesis either party under this Agreement is not made when due, the amount due shall accrue interest beginning on the thirtieth (30th) fifth day following the final date on which such payment * = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate reported in the WALL STREET JOURNAL for the due date, or, if lower, the maximum rate permitted by law, calculated from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis the party to whom payment is due to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment. (c) If at any time legal restrictions within any country in the Territory prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi the party owing a royalty of any royalties owed by Mitsubishi to NeoGenesis in respect of sales in such country is prevented, Mitsubishi the party owing a royalty shall use its best efforts to make payment through any lawful means or methods that may be available as Mitsubishi such party shall reasonably determine. If royalties in any country cannot be remitted within three (3) months after the end of the relevant royalty period period, then Mitsubishi the party owing a royalty shall pay NeoGenesis the other party in the local currency of such country by deposit of the relevant royalties sin in a bank account in such country designated by NeoGenesisthe other party.

Remittance. (a) All royalties royalties, milestone and milestone other payments required under this Section Article 4 shall be payable in full in the United States made by bank wire transfer in United States Dollars, regardless of dollars in immediately available funds to an account designated by NeoGenesis. Royalties shall be deemed payable by the countries entity making the Net Sales from the country in which sales are madeearned in local currency and subject to foreign exchange regulations then prevailing. For Royalty payments shall be made in United States dollars to the purpose extent that free conversion to United States dollars is permitted. The rate of computing exchange to be used in any such conversion from the currency in the country where such Net Sales for which a currency other than United States Dollars is received, such currency occurs shall be converted into United States Dollars at in accordance with the simple average of all Mondays' exchange rate for buying United States Dollars policy set forth in THE WALL STREET JOURNAL for the calendar quarter in which such sales were madeATTACHMENT D attached hereto. (b) In the event that any payment due NeoGenesis under this Agreement is not made when due, the amount due shall accrue interest beginning on the thirtieth (30th) fifth day following the final date on which such payment was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate reported in the WALL STREET JOURNAL for the due date, calculated from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment. (c) If at any time legal restrictions within any country in the Territory or prohibitions imposed by national or international authority prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi Schering of any royalties owed by Mitsubishi Schering to NeoGenesis in respect of sales in such country is prevented, Mitsubishi the parties shall use consult with a view to finding a prompt and acceptable solution, and Schering or its best efforts to designated Affiliates * = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. will make payment through any lawful means or methods that as NeoGenesis may be available as Mitsubishi shall reasonably determine. If lawfully direct at no additional out-of-pocket expense to Schering.. Notwithstanding the foregoing, if royalties in any country cannot be remitted to NeoGenesis for any reason within three (3) months after the end of the relevant royalty period calendar quarter during which they are earned, then Mitsubishi Schering shall be obligated to pay NeoGenesis in the local currency of such country by and shall deposit of the relevant royalties sin in a bank account in such country designated by NeoGenesis and in the name of NeoGenesis.

Remittance. (a) All royalties royalties, milestone and milestone other payments required under this Section Article 4 shall be payable in full in the United States made by bank wire transfer in United States Dollars, regardless of dollars in immediately available funds to an account designated by NeoGenesis. Royalties shall be deemed payable by the countries entity making the Net Sales from the country in which sales are madeearned in local currency and subject to foreign exchange regulations then prevailing. For Royalty payments shall be made in United States dollars to the purpose extent that free conversion to United States dollars is permitted. The rate of computing exchange to be used in any such conversion from the currency in the country where such Net Sales for which a currency other than United States Dollars is received, such currency occurs shall be converted into United States Dollars at in accordance with the simple average of all Mondays' exchange rate for buying United States Dollars policy set forth in THE WALL STREET JOURNAL for the calendar quarter in which such sales were madeATTACHMENT D attached hereto. (b) In the event that any payment due NeoGenesis under this Agreement is not made when due, the amount due shall accrue interest beginning on the thirtieth (30th) fifth day following the final date on which such payment was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate reported in the WALL STREET JOURNAL for the due date, calculated from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment* = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. (c) If at any time legal restrictions within any country in the Territory or prohibitions imposed by national or international authority prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi SPL of any royalties owed by Mitsubishi SPL to NeoGenesis in respect of sales in such country is prevented, Mitsubishi the parties shall use consult with a view to finding a prompt and acceptable solution, and SPL or its best efforts to designated Affiliates will make payment through any lawful means or methods that as NeoGenesis may be available as Mitsubishi shall reasonably determine. If lawfully direct at no additional out-of-pocket expense to SPL.. Notwithstanding the foregoing, if royalties in any country cannot be remitted to NeoGenesis for any reason within three (3) months after the end of the relevant royalty period calendar quarter during which they are earned, then Mitsubishi SPL shall be obligated to pay NeoGenesis in the local currency of such country by and shall deposit of the relevant royalties sin in a bank account in such country designated by NeoGenesis and in the name of NeoGenesis.

Remittance. (a) All royalties and milestone payments required under this Section 4 shall be payable in full in the United States in United States Dollars, regardless of the countries in which sales are made. For the purpose of computing Net Sales for which a currency other than United States Dollars is received, such currency shall be converted into United States Dollars at the simple average of all Mondays' exchange rate the closing mid-point rates for the last business day of each month of the calendar quarter for buying United States Dollars set forth in THE WALL STREET JOURNAL for the calendar quarter in which such sales were made. The "closing mid-point rates" found in the "Dollar spot forward against the Dollar" table published by THE FINANCIAL TIMES or any other publication as agreed to by the parties shall be used as the source of spot rates to calculate the average as defined in the preceding sentence. (b) In the event that any payment due NeoGenesis under this Agreement is not made when due, the amount due shall accrue interest beginning on the thirtieth (30th) fifth day following the final date on which such payment was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate 30-day LIBOR for U.S. dollars reported in the WALL STREET JOURNAL for the due date, calculated from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment. (c) If at any time legal restrictions within any country in the Territory prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi Aventis of any royalties owed by Mitsubishi Aventis to NeoGenesis in respect of sales in such country is prevented, Mitsubishi Aventis shall use its best efforts to make payment through any lawful means or methods that may be available as Mitsubishi Aventis shall reasonably determine. If royalties in any country cannot be remitted within three (3) months after the end of the relevant royalty period then Mitsubishi Aventis shall pay NeoGenesis in the local currency of such country by deposit of the relevant royalties sin in a bank account in such country designated by NeoGenesis.

Remittance. (a) All royalties and milestone Subject to Section 3.20(c), all payments required under this Section 4 Sections 3.18 and 3.19 shall be payable in full in the United States in United States Dollars, regardless of the countries in which sales are made. For the purpose of computing Net Sales for which a currency other than United States Dollars is received, such currency shall be converted into United States Dollars at the simple average of all Mondays' exchange rate for buying United States Dollars set forth in THE WALL STREET JOURNAL for the calendar quarter in which such sales were made. (b) In the event that any payment due NeoGenesis either party under this Agreement is not made when due, the amount due shall accrue interest beginning on the thirtieth (30th) fifth day following the final date on which such payment was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate reported in the WALL STREET JOURNAL for the due date, or, if lower, the maximum rate permitted by law, calculated from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis the party to whom payment is due to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment. (c) If at any time legal restrictions within any country in the Territory prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi the party owing a royalty of any royalties owed by Mitsubishi to NeoGenesis in respect of sales in such country is prevented, Mitsubishi the party owing a royalty shall use its best efforts to make payment through any lawful means or methods that may be available as Mitsubishi such party shall reasonably determine. If royalties in any country cannot be remitted within three (3) months after the end of the relevant royalty period period, then Mitsubishi the party owing a royalty shall pay NeoGenesis the other party in the local currency of such country by deposit of the relevant royalties sin in a bank account in such country designated by NeoGenesisthe other party.

Remittance. (a) All royalties and milestone payments required under this Section 4 shall be payable in full in the United States in United States Dollars, regardless of the countries in which sales are made. For the purpose of computing Net Sales for which a currency other than United States Dollars is received, such currency shall be converted into United States Dollars at the simple average of all Mondays' exchange rate for buying United States Dollars set forth in THE WALL STREET JOURNAL for the calendar quarter in which such sales were made. (b) In the event that any payment due NeoGenesis under this Agreement is not made when due, the amount due shall accrue interest beginning on the thirtieth (30th) fifth day following the final date on which such payment was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate reported in the WALL STREET JOURNAL for the due date, calculated from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. * = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment. (c) If at any time legal restrictions within any country in the Territory prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi CUSTOMER of any royalties owed by Mitsubishi CUSTOMER to NeoGenesis in respect of sales in such country is prevented, Mitsubishi CUSTOMER shall use its best efforts to make payment through any lawful means or methods that may be available as Mitsubishi CUSTOMER shall reasonably determine. If determine and, if royalties in any country cannot be remitted to NeoGenesis for any reason within three (3) months month after the end of the relevant royalty period reporting period, then Mitsubishi CUSTOMER shall pay NeoGenesis in the local currency of such country by deposit of the relevant royalties sin in a bank account in such country designated by NeoGenesis.

Remittance. (a) All royalties and milestone payments required under this Section 4 shall be payable in full in the United States in United States Dollars, regardless of the countries in which sales are made. For the purpose of computing Net Sales for which a currency other than United States Dollars is received, such currency shall be converted into United States Dollars at the simple average of all Mondays' exchange rate for buying United States Dollars set forth in THE WALL STREET JOURNAL for the calendar quarter in which such sales were made. (b) In the event that any payment due NeoGenesis under this Agreement is not made when due, the amount due shall accrue interest beginning on the thirtieth (30th) fifth day following the final date on *= CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. which such payment was due, calculated at the annual rate equal to two percent (2%) above the prime interest rate reported in the WALL STREET JOURNAL for the due date, calculated from the due date until paid in full. Such payment when made shall be accompanied by all interest so accrued. Said interest and the payment and acceptance thereof shall not negate or waive the right of NeoGenesis to any other remedy, legal or equitable, to which it may be entitled because of the delinquency of the payment. (c) If at any time legal restrictions within any country in the Territory prevent the conversion of the local currency and such currency cannot be removed from such country such that prompt remittance by Mitsubishi CUSTOMER of any royalties owed by Mitsubishi CUSTOMER to NeoGenesis in respect of sales in such country is prevented, Mitsubishi CUSTOMER shall use its best efforts to make payment through any lawful means or methods that may be available as Mitsubishi CUSTOMER shall reasonably determine. If determine and, if royalties in any country cannot be remitted to NeoGenesis for any reason within three (3) months month after the end of the relevant royalty period reporting period, then Mitsubishi CUSTOMER shall pay NeoGenesis in the local currency of such country by deposit of the relevant royalties sin in a bank account in such country designated by NeoGenesis.