Template:Nutshell EUA Annex EEP Amount: Difference between revisions

'''{{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:

:(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]]

:(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>