Article 5 - Comparable Transactions

A. For purposes of these Bylaws, an Uncontrolled Transaction is comparable to a Controlled Transaction when:

1. There are no significant differences between them that could materially affect the financial indicator being examined under the appropriate Transfer Pricing Method; or

2. When such material differences exist, if a reasonably accurate comparability adjustment is made to the relevant financial indicator of the Uncontrolled Transaction in order to eliminate the effects of such differences on the comparison.

B. To determine whether two or more Transactions are comparable, the following factors shall be considered to the extent that they are Economically Relevant to the facts and circumstances of the Transactions:
1. The characteristics of the property or services transferred;
2. The functions undertaken, assets employed, and risks assumed by each Person with respect to the Transactions, including:
(a) functions, including without limitation, design, manufacturing, assembling, research and development, servicing, purchasing, distribution, marketing, advertising, transportation, financing, management, etc.;
(b) assets, including without limitation, plant and equipment, the use of valuable intangibles, financial assets, etc., and the nature of the assets used, such as the age, market value, location, property rights protection available, etc.;
(c) risks, including without limitation, market risks, risks of loss associated with the investment in and use of property, plant, and equipment, risks associated with the success or failure of investment in research and development, financial risks caused by currency exchange rate and interest rate variability, credit risks, etc.;

3. The contractual terms of the Transactions;

4. The economic circumstances in which the Transactions take place;

5. The business strategies pursued by the parties to the Transactions; and

6. Any other Economically Relevant aspect of the Transaction.