Template:Nutshell EUA Annex EEP Amount: Difference between revisions

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'''{{euaprov|EEP Amount}}''': Means an amount (expressed as an amount per {{euaprov|Allowance}}) that {{euaprov|Receiving Party}} determines, acting [[In good faith and a commercially reasonable manner|in good faith and using commercially reasonable procedures]], to be its total losses and costs which result from {{euaprov|Delivering Party}}’s failure to deliver the {{euaprov|Shortfall}} to the extent that those losses and costs are not reflected elsewhere in the definition of {{euaprov|Receiving Party’s Replacement Cost}} and to the extent that those losses and costs 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 Emission Penalty}} which {{euaprov|Receiving Party}} must pay to the {{euaprov|Relevant Authority}} in accordance with the terms of the Scheme; [[and/or]]
:(1) Any {{euaprov|Excess Emission Penalty}} which {{euaprov|Receiving Party}} incurs under  the {{euaprov|Scheme}}; or
:(2) if “{{euaprov|EEP Equivalent}}” is specified to be applicable in the Annex to this Part [7] or the Confirmation for the relevant {{euaprov|EU Emissions Allowance Transaction}}, any amount which {{euaprov|Receiving Party}} must pay to a third party in respect of any such penalty payable to any other party (including a {{euaprov|Relevant Authority}}) by that third party 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>

Revision as of 08:57, 12 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 Emission 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.