Template:Nutshell EUA Annex (d)(i)(5)

(d)(i)(5) Suspension Event

(A) Notification: A party impacted by a Suspension Event must notify the other party in writing as soon as reasonably practicable. It must also give what etails of the Suspension Event it has and a non-binding estimate of the extent and expected duration of its resultant inability to perform.

(B) Effect: Upon a Suspension Event both parties’ olibgations will be suspended, subject to Continuing Suspension Event below, until the Suspension Event is no longer preventing settlement. During the Suspension Event, the affected party must continue to use all reasonable endeavours to overcome it.

(C) Delayed Performance: Subject to Continuing Suspension Event below, once the Suspension Event ceases, both parties must, promptly and within two Delivery Business Days, resume their obligations under the relevant Transactions by the earlier of: (i) the tenth Delivery Business Day following the date the Suspension Event ceases; and (ii) 3 Delivery Business Days before the End of Phase Reconciliation Deadline (the “Delayed Delivery Date”). If the Allowances to be Delivered are delivered to Receiving Party by the Delayed Delivery Date following a Suspension Event (as per “Effect of a Suspension Event”) above, Receiving Party must pay Delivering Party on the Delayed Payment Date:

(I) For Allowance Forward Transactions: (Allowance Purchase Price x Number of Allowances delivered by the Delayed Delivery Date) + Cost of Carry Amount;

(II) For Allowance Option Transactions: (Allowance Strike Price x Number of Allowances delivered by the Delayed Delivery Date) + Cost of Carry Amount.

(D) Continuing Suspension Event: Where a Suspension Event continues on the Long-Stop Date, then an Illegality will occur where the relevant Transaction is the sole Affected Transaction, both parties are Affected Parties, ansd no Waiting Period will apply. the Long-Stop Date will be the Early Termination Date under the Transaction. When determining the Early Termination Amount if “Payment on Termination for Suspension” applies, the suspended obligations will resume on the Early Termination Date, and if it does not, the parties will have no further obligations after the Suspension Event (other than in respect of any Unpaid Amounts); provided that:

(i) Delivering Party must promptly refund to Receiving Party any amount Receiving Party paid under any Allowance Forward Transaction or Call; and

(ii) Receiving Party must promptly refund to Delivering Party any amount Delivering Party paid under a Put

other than in respect of delivered Allowances, together with interest from the payment date until the date of termination of the Transaction at the overnight deposit rate for the relevant currency.