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| :(B) '''{{euaprov|Effect of Suspension Event}}''': Where a {{euaprov|Suspension Event}} occurs, the obligations of both parties which would otherwise be required to be performed with respect to the {{euaprov|EU Emissions Allowance Transaction}}(s) affected by the {{euaprov|Suspension Event}} will be suspended for the duration of the {{euaprov|Suspension Event}} and, subject to Part (d)(i)(5)(D)(''{{euaprov|Continuing Suspension Event}}'') below, will not be required to be performed until the {{euaprov|Suspension Event}} ceases to exist. | | :(B) '''{{euaprov|Effect of Suspension Event}}''': Where a {{euaprov|Suspension Event}} occurs, the obligations of both parties which would otherwise be required to be performed with respect to the {{euaprov|EU Emissions Allowance Transaction}}(s) affected by the {{euaprov|Suspension Event}} will be suspended for the duration of the {{euaprov|Suspension Event}} and, subject to Part (d)(i)(5)(D)(''{{euaprov|Continuing Suspension Event}}'') below, will not be required to be performed until the {{euaprov|Suspension Event}} ceases to exist. |
| {{EUA Annex (d)(i)(5)(C)}} | | {{EUA Annex (d)(i)(5)(C)}} |
| :(D) '''{{euaprov|Continuing Suspension Event}}''': Where:
| | {{EUA Annex (d)(i)(5)(D)}} |
| ::[(I)]<ref>We think this number is superfluous, in that there is not a (II).</ref> a {{euaprov|Suspension Event}} continues to exist on the {{euaprov|Long-Stop Date}}, then an [Additional Termination Event]/[Illegality] shall be deemed to have occurred in respect of which the relevant {{euaprov|EU Emissions Allowance Transaction}} is the sole Affected Transaction [,]/[and] both parties are Affected Parties [and no Waiting Period will apply]. The parties agree that the {{euaprov|Long-Stop Date}} will be the Early Termination Date for the purposes of the relevant {{euaprov|EU Emissions Allowance Transaction}}. For purposes of determining any amount payable under Section 6(e) in respect of that Early Termination Date, it will be deemed that the parties had no further delivery or payment obligations in respect of the {{euaprov|EU Emissions Allowance Transaction}} after the occurrence of the {{euaprov|Suspension Event}} (other than in respect of any payment due by one party in connection with delivery obligations already performed by the other party); provided, however, that (i) {{euaprov|Delivering Party}} shall promptly refund to {{euaprov|Receiving Party}} any amount that may have been paid by {{euaprov|Receiving Party}} in respect of the {{euaprov|EU Emissions Allowance Transaction}} that is an {{euaprov|Allowance Forward Transaction}} or a Call and (ii) {{euaprov|Receiving Party}} shall promptly refund to {{euaprov|Delivering Party}} any amount that may have been paid by {{euaprov|Delivering Party}} in respect of an {{euaprov|EU Emissions Allowance Transaction}} that is a Put (in each case, other than in respect of delivered Allowances) together with interest on that amount in the same currency as that amount for the period from (and including) the date that amount was paid to (but excluding) the date of termination of such {{euaprov|EU Emissions Allowance Transaction}}, at the rate certified by the party required to refund the amount to be a rate offered to such party by a major bank in a relevant interbank market for overnight deposits in the applicable currency, such bank to be selected in good faith by that party for purposes of obtaining a representative rate that will reasonably reflect conditions prevailing at the time in the relevant market. <br>
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