Template:Nutshell EUA Annex EEP Amount: Difference between revisions

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'''{{euaprov|EEP Amount}}''' means the amount per {{euaprov|Allowance}}) that {{euaprov|Receiving Party}} reasonably determines, [[in good faith and a commercially reasonable manner|in good faith]], to be its total losses (not otherwise reflected in its {{euaprov|Receiving Party’s Replacement Cost}}) that result from {{euaprov|Delivering Party}}’s failure to deliver the {{euaprov|Shortfall}} and that relate to:
'''{{euaprov|EEP Amount}}''' means the amount per {{euaprov|Allowance}} that {{euaprov|Receiving Party}} reasonably determines, [[in good faith and a commercially reasonable manner|in good faith]], to be its total losses (not otherwise reflected in its {{euaprov|Receiving Party’s Replacement Cost}}) that result from {{euaprov|Delivering Party}}’s failure to deliver the {{euaprov|Shortfall}} and that relate to:
:(1) Any {{euaprov|Excess Emissions Penalty}} which {{euaprov|Receiving Party}} incurs under  the {{euaprov|Scheme}}; or
:(1) Any {{euaprov|Excess Emissions Penalty}} which {{euaprov|Receiving Party}} incurs under  the {{euaprov|Scheme}}; or
:(2) if “{{euaprov|EEP Equivalent}}” applies, any amount that {{euaprov|Receiving Party}} must pay to a third party to compensate for any such penalty that third party incurs as a result of {{euaprov|Delivering Party}}’s failure to deliver the {{euaprov|Shortfall}}. <br>
:(2) if “{{euaprov|EEP Equivalent}}” applies, any amount that {{euaprov|Receiving Party}} must pay to a third party to compensate for any such penalty that third party incurs as a result of {{euaprov|Delivering Party}}’s failure to deliver the {{euaprov|Shortfall}}. <br>

Latest revision as of 11:55, 13 July 2022

EEP Amount means the amount per Allowance that Receiving Party reasonably determines, in good faith, to be its total losses (not otherwise reflected in its Receiving Party’s Replacement Cost) that result from Delivering Party’s failure to deliver the Shortfall and that relate to:

(1) Any Excess Emissions Penalty which Receiving Party incurs under the Scheme; or
(2) if “EEP Equivalent” applies, any amount that Receiving Party must pay to a third party to compensate for any such penalty that third party incurs as a result of Delivering Party’s failure to deliver the Shortfall.