Currency Risk Sharing Clause Samples
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Currency Risk Sharing. As to the Supply Price only, the Parties shall equally share the risk of currency value variation. As of the last business day of December of each year (“Measurement Date”), the Parties shall determine the Adjustment Exchange Rate and the Base Exchange Rate (both as defined below). If the Adjustment Exchange Rate deviates from the Base Exchange Rate by five percent (5%) or more in any given year, the Base Price in the subsequent year will be adjusted so that the percentage difference between the new adjusted Base Price and the prior Base Price is equal to 50% of the percentage difference between the Adjustment Exchange Rate and the Base Exchange Rate. If the Adjustment Exchange Rate deviates from the Base Exchange Rate by five percent (5%) or more in any given year, then the Adjustment Exchange Rate calculated for such year shall become the Base Exchange Rate for purposes of applying this paragraph in the following year. If the Adjustment Exchange Rate deviates from the Base Exchange Rate by less than five percent (5%) in any given year, then no Base Price adjustment shall be made under this paragraph for such year and the Base Exchange Rate for such year shall remain the Base Exchange Rate for purposes of applying this paragraph in the immediately subsequent year. The initial “Base Exchange Rate” is 1.40 USD / 1.00 EUR. The “Adjustment Exchange Rate” is the average of the USD/EUR exchange rates published by OANDA Corporation (or any other mutually acceptable entity) on the last business day of each month during the preceding twelve (12) months prior to and including the Measurement Date. In consideration of the rights granted to Abbott and set forth in this Agreement and for Oasmia’s compliance with the terms and conditions hereunder, Abbott shall pay royalties to Oasmia as set forth below (“Royalties”). In each calendar year, Royalties shall equal:
Currency Risk Sharing. C4.4.1 Unless a PSA covering the purchase and sale of Production Units specifies a fixed price in a specified currency for certain Production Units or when CRSM is excluded pursuant to a PSA or by an applicable corporate agreement, the parties shall share currency risk using the then current currency sharing formula agreed upon between the parties.
C4.4.2 The parties acknowledge that the application of CRSM will incorporate and be governed by the final corporate agreement concerning transactions to which CRSM shall apply. For transactions to which CRSM applies, the purchase price to Buyer shall be calculated using the formula specified in C4.4.3
Currency Risk Sharing. While the general payment terms are denominated in US dollars (paragraph 10.4), the Parties agree to share currency risk and measure this on a quarterly basis. Notwithstanding the fact that this Agreement was entered into as of December 1, 2011, Company will reimburse Contractor for any amounts that would have been due and payable under this section had it had been effective September 1, 2011. RFM ____