12.8(d) - Equity Derivatives Provision

12.8(d) The Determining Party will consider, taking into account the standards and procedures
described in this definition, quotations pursuant to Section 12.8(c)(i) above or relevant market data
pursuant to Section 12.8(c)(ii) above unless the Determining Party reasonably believes in good faith that
such quotations or relevant market data are not readily available or would produce a result that would not
satisfy those standards. When considering information described in Section 12.8(c)(i), 12.8(c)(ii) or 12.8(c)(iii)
above, the Determining Party may include costs of funding, to the extent costs of funding are not and
would not be a component of the other information being utilized. Third parties supplying quotations
pursuant to Section 12.8(c)(i) above or market data pursuant to Section 12.8(c)(ii) above may include,
without limitation, dealers in the relevant markets, end-users of the relevant product, information
vendors, brokers and other sources of market information.