Common use of Foreign Sales Clause in Contracts

Foreign Sales. The remittance of royalties payable on sales outside the United States shall be payable to Poniard in United States Dollar equivalents at the official rate of exchange of the currency of the country from which the royalties are payable, as quoted in The Wall Street Journal, East Coast edition for the last business day of the Calendar Quarter in which the royalties are payable. If the transfer of or the conversion into the United States Dollar equivalents of any such remittance in any such instance is not lawful or possible, the payment of such part of the royalties as is necessary shall be made by the deposit thereof, in the currency of the country where the sale was made on which the royalty was based to the credit and account of Poniard or its nominee in any commercial bank or trust company of Poniard’s choice located in that country, prompt written notice of which shall be given by Verastem to Poniard.

Foreign Sales. The remittance of royalties payable on sales outside the United States shall be payable to Poniard SCRIPPS in United united States Dollar equivalents Equivalents at the official rate of exchange of the currency of the country from which the royalties are payable, as quoted in The Wall Street Journal, East Coast edition by the (Bank of Company) for the last business day of the Calendar Quarter calendar quarter in which the royalties are payable. If the transfer of or the conversion into the United States Dollar equivalents Equivalent of any such remittance in any such instance is not lawful or possible, the payment of such part of the royalties as is necessary shall be made by the deposit thereof, in the currency of the country where the sale was made on which the royalty was based to the credit and account of Poniard SCRIPPS or its nominee in any commercial bank or trust company of Poniard’s SCRIPPS’ choice located in that country, prompt written notice of which shall be given by Verastem MPS to PoniardSCRIPPS.

Foreign Sales. The remittance of royalties Royalties payable to INSITE on sales of Drug Product(s) outside the United States shall be payable to Poniard in United States Dollar equivalents at the official rate of exchange of the currency of the country from which the royalties are payable, payable as quoted in The the Wall Street Journal, East Coast edition Journal for the last business day of the Calendar Quarter calendar quarter in which the royalties are payable. If the transfer of or the conversion into the United States Sates Dollar equivalents of any such remittance in any such instance is not lawful or possible, the payment of such part of the royalties Royalties as is necessary shall be made by the deposit thereof, in the currency of the country county where the sale was made on which the royalty was based to the credit and account of Poniard INSITE or its nominee in any commercial bank or trust company of Poniard’s its choice located in that country, prompt written notice of which shall be given by Verastem SSP to PoniardINSITE.