Payments of amounts owing You must pay all fees, Margins, spreads, interest and any other amounts due under this Agreement on demand by us in cleared funds, and in such currency as we may require or determine, or otherwise as required by the terms of this Agreement.
Payments of amounts owing to a Party under this Agreement as of its termination shall be due and payable either (i) to the extent such amounts can be calculated and a fixed sum determined at the time of termination of this Agreement, upon the earlier of (x) the due date for such payment established under this Agreement or (y) thirty (30) days after the date of such termination or (ii) to the extent such amounts cannot be calculated and a fixed sum determined at the time of termination of this Agreement, thirty (30) days after the date at which such amounts can be calculated and a fixed sum is mutually determined. Any payment owing to Athenex hereunder will be conditional upon and/or subject to Almirall’s available rights (i) in the event of material breach of this Agreement by Athenex, including offsetting damages; and/or (ii) in the case of any payment made under Section 4.2(a), to reimbursement (whether or not under the first demand bank guarantee for which Section 4.2(b) provides). EXECUTION DRAFT
