definiens: means only that payments made to AFFX are not intended as advances against future payments, and shall not otherwise affect the recovery of RMS Development Costs and Manufacturing Facility Fees as described herein ) . All such payments are to be made in US dollars in the United States . All conversions from foreign currency to US dollars will be determined on the last business day of each calendar quarter in the calendar quarter in which the payment, revenue, expenditure, or other transaction involving non­US currency occurred, based on the exchange rate of Wall Street Journal on the last day of that quarter . In no event will AFFX be required : ( i ) to make up any portion of any Deficit, ( ii ) to make any refund of any amounts paid to AFFX, or ( iii ) to apply any Deficit or anticipated Deficit to reduce or eliminate any payment hereunder . Late payments shall bear interest at the lower of : ( i ) the Bank of America [ prime - rate plus two percent ( 2 % ) ] or ( ii ) the maximum rate allowed by law . All prices and payments to AFFX are exclusive of taxes, duties, shipping, withholdings and the like, all of which will be borne by RMS ( except taxes or withholdings based on AFFX 's income, but only if such taxes and withholdings are fully creditable against US income taxes, RMS supplies any and all necessary or requested certificates and documentation, and RMS gives AFFX notice of the requirement for such taxes and withhol ~ ings and allows AFFX the opportunity to protest their assessment and collection