In the event a claim for indemnification under this Article 5 has been finally determined and the Seller is the Indemnifying Party, the amount of such final determination shall be paid by the Seller to the Indemnified Party, on demand, at the Seller’s option (which shall be delivered to the Indemnified Party in writing), by delivering (i) a wire transfer of immediately available funds and/or (ii) such number of Shares as is calculated by dividing the indemnification amount by the volume weighted average trading price of the common shares of MHI Inc. on the TSX, for the ten trading days ending on the date such claim for indemnification is finally determined, or the fair market value of the Shares, in the event the common shares of MHI Inc. are no longer listed on the TSX; provided, however, that if Seller elects to deliver Shares pursuant to (ii) above, at the request of the Indemnified Party given in writing to the Seller within five (5) Business Days following the date on which the notice above is provided by the Seller, the Seller shall sell such Shares on the TSX (or other exchange on which the Shares are trading) and the proceeds shall be paid to the Indemnified Party (in lieu of delivering the Shares) and all costs and expenses incurred by the Seller in connection with the sale of such Shares on the TSX (or such other exchange) shall be paid by the Partnership and MHI Inc. In the event a claim for indemnification under this Article 5 has been finally determined and MHI Inc. and/or the Partnership is the Indemnifying Party, the amount of such final determination shall be paid by the Indemnifying Party to the Indemnified Party, on demand by wire transfer of immediately available funds.