Template:IETA Master Agreement 10

10 Euros
10.1 Payment in Euros. Each payment under this Agreement will be made in Euros. To the extent permitted by applicable law, any obligation to make payments under this Agreement in Euros will not be discharged or satisfied by any tender in any currency other than Euros, except to the extent such tender results in the actual receipt by the Party to which payment is owed, acting in good faith and using commercially reasonable procedures in converting the currency so tendered into Euros, of the full amount in Euros of all amounts payable in respect of this Agreement. If for any reason the amount in Euros so received falls short of the amount in Euros payable in respect of this Agreement, the Party required to make the payment will, to the extent permitted by applicable law, immediately pay such additional amount in Euros as may be necessary to compensate for the Shortfall. If for any reason the amount in Euros so received exceeds the amount in Euros payable in respect of this Agreement, the Party receiving the payment will refund promptly the amount of such excess.
10.2 Separate Indemnities. To the extent permitted by applicable law, the indemnities in this Clause 10 constitute separate and independent obligations from the other obligations in this Agreement, will be enforceable as separate and independent causes of action, will apply notwithstanding any indulgence granted by the Party to which any payment is owed and will not be affected by judgment being obtained or claim or proof being made for any other sums payable in respect of this Agreement.
10.3 Evidence of Loss. For the purposes of this Clause 10, it will be sufficient for a Party to demonstrate that it would have suffered a loss had an actual exchange or purchase been made.