2. 3. Fair and adequate compensation shall be assessed in relation to the fair market value of the expropriated investment immediately before the expropriation took place ("date of expropriation") and shall not reflect any change in value occurring because the Intended expropriation had become known earlier. However, where appropriate, the assessment .of fair and adequate compensation shall be based on an equitable balance between the public interest and interest of those affected, having regard to all relevant circumstances and taking account of: (a) the current and past use of the property; (b) the history of its acquisition; (c) the fair market value of the investment; (c) the purpose of the expropriation; (e) the extent of previous profit made by the foreign investor through investment; and (f) the duration of the investment. the Any payment shall be made in a freely. convertible currency. On . payment, compensation shall be freely transferable in accordance with applicable legislation in the Host State. · . ·. . . • 'I 4. Payments that are significantly burdensome on a Host State may be paid yearly over a three-year period or such other period as agreed between the Host State and the investor, subject to payment of interest at the rate established by agreement of the Host State and the investor. 5. This Article shall not apply to the issuance of compulsory licences granted in relation to intellectual property rights, or to the revocation, limitation or creation of intellectual property rights, to the extent that such issuance, revocation, limitation or creation is consistent with appHcable international agreements on intellectual property. 6. A measure of general application shall not be considered an expropriation of a debt security or loan solely on the ground that the measure imposes costs on the debtor that causes it to default on the debt. 7. A measure of ge'neral application by a State Party that is designed and applied to protect or enhance legitimate public welfare objectives, such as public health, safety and the environment, shall not constitute an indirect expropriation. 8. The investor affected by the expropriation shall have a right Linder the law of the State Party making the expropriation to a review by a judicial or other independent authority of that State Party of the investor's case and the valuation of the investment in accordance with the principles set out in this Article. 10