risk: While you "have always maintained that YA selects one day," the contracts do not maintain that. Neither is the rest of your "formula" maintained in the contracts.
You made up the "the fact is that NEOM and YA agreed to a much less favorable method." You have nothing to prove what YA and NeoMedia agreed to outside of the contracts.
Since, the contracts do not specify a formula, our CFO can use the most favorable, and common, definition of VWAP.