Common use of Calculation of Payment Clause in Contracts

Calculation of Payment. The calculation of the payments required hereunder shall be based on Annual Net Sales and Net Licensing Proceeds in U.S. Dollars. Annual Net Sales or Net Licensing Proceeds paid in any foreign currency shall be converted into and paid on the basis of an average rate of exchange, which shall be computed as the rate of exchange quoted under Foreign Exchange in The Wall Street Journal (U.S. West Coast edition) for the last business day of the calendar quarter to which such payment pertains. If at any time legal restrictions in a particular country prevent the prompt remittance of any amounts from such jurisdiction, Introgen may make such payments with respect to such jurisdiction by depositing the amount thereof in local currency in a bank account or other depository in such country in the name of Corixa, and Introgen shall have no further obligations under this Agreement with respect thereto. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions

Calculation of Payment. The calculation of the payments required hereunder shall be based on Annual Net Sales and Net Licensing Proceeds in U.S. Dollars. Annual Net Sales or Net Licensing Proceeds paid in any foreign currency shall be converted into and paid on the basis of an average rate of exchange, which shall be computed as the rate of exchange quoted under Foreign Exchange in The Wall Street Journal (U.S. West Coast edition) for the last business day of the calendar quarter to which such payment pertains. If at any time legal restrictions in a particular country prevent the prompt remittance of any amounts from such jurisdiction, Introgen may make such payments with respect to such jurisdiction by depositing the amount thereof in local currency in [*] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. a bank account or other depository in such country in the name of Corixa, and Introgen shall have no further obligations under this Agreement with respect thereto. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.