Template:M summ IETA Force Majeure

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As per the overview, Force Majeure is substantially the same idea as “Settlement Disruption Event” in the ISDA EU Emissions Annex.

It is an event that, in each format:

  • Is beyond the “affected party’s” reasonable control (having taking “all reasonable steps” to control it)
  • Renders the delivery impossible to perform, acknowledging that this might be a problem at either end
  • It excludes simply not having enough Allowances in your account, even if that is a result of some failure by a responsible official agency to issue Allowances in your account (as part of your annual allocation) or to replace stale allowances with fresh ones
  • The hierarchy of Events of Default, Suspension Events and Force Majeure/Settlement Disruption Events is also the same.