Abraxis BioScience (ABII)

PAYMENT FOR SERVICES

3.1 Pricing. Each New Alpha Service provided by New Alpha or its Subsidiaries shall be charged to and payable by Gholdco or its Subsidiaries at the fees for such Service determined in accordance with Exhibit A. Each Gholdco Service provided by Gholdco or its Subsidiaries shall be charged to and payable by New Alpha or its Subsidiaries at the monthly fees for such Service determined in accordance with Exhibit B. Any fees shall be prorated during the first month and last month (as applicable) the Services are provided.

3.2 Billing and Payment. Charges for each of the Services provided shall be billed on a monthly basis by the party providing the Service. Such charges shall reflect the actual costs incurred by the party in providing the Services. The party receiving a Service shall remit the amount specified in any such bill within thirty (30) calendar days after its receipt thereof. Any amount not paid when due shall bear a late payment charge at a rate of ten percent (10%) per annum after the due date and until paid.

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3.3 Disputes. In the event a dispute arises concerning a Service or payment of such Service, the parties must meet and attempt in good faith to resolve the dispute in accordance with the following procedure. Prior to filing a lawsuit, seeking relief in some other forum or withholding payment for a Service, a party must first notify the other party of the dispute by submitting in writing an outline of its position regarding the dispute, attaching relevant documentation to support its position and requesting a meeting with the other party within thirty (30) days of such notice. In response, the other party shall submit to that party an outline of its position, attaching relevant documentation to support its position, within thirty (30) days of its receipt of such notice. Responsible, authorized employees from each party shall then meet and attempt in good faith to resolve the dispute for at least thirty (30) days. If the dispute is not resolved within such thirty (30) day period, then the party that originally raised the dispute may file a lawsuit.

ARTICLE IV