Common use of Exceptions to increased Clause in Contracts

Exceptions to increased. costs Clause 8.7 does not apply to the extent any Increased Costs is: 8.9.1 compensated for by a payment made under Clause 8.12; or 8.9.2 compensated for by a payment made under Clause 17.3; or 8.9.3 attributable to a FATCA Deduction required to be made by a Party; or 8.9.4 attributable to the wilful breach by the relevant Finance Party (or an Affiliate of that Finance Party) of any law or regulation; or 8.9.5 attributable to the implementation or application of, or compliance with, the “International Convergence of Capital Measurement and Capital Standards, a Revised Framework” published by the Basel Committee on Banking Supervision in June 2004 in the form existing on the date of this Agreement (but excluding any amendment arising out of Basel III) (“Basel II”) or any other law or regulation which implements Basel II (whether such implementation, application or compliance is by a government, regulator, Finance Party or of its Affiliates). In this Clause 8.9,

Exceptions to increased. costs Clause 8.7 8.6 does not apply to the extent any Increased Costs is: 8.9.1 8.8.1 compensated for by a payment made under Clause 8.128.11; or 8.9.2 8.8.2 compensated for by a payment made under Clause 17.3; or 8.9.3 8.8.3 attributable to a FATCA Deduction required to be made by a Party; or 8.9.4 8.8.4 attributable to the wilful breach by the relevant Finance Party (or an Affiliate the holding company of that Finance Party) of any law or regulation; or 8.9.5 8.8.5 attributable to the implementation or application of, or compliance with, the “International Convergence of Capital Measurement and Capital Standards, a Revised Framework” published by the Basel Committee on Banking Supervision in June 2004 in the form existing on the date of this Agreement (but excluding any amendment arising out of Basel III) (“Basel II”) or any other law or regulation which implements Basel II (whether such implementation, application or compliance is by a government, regulator, the relevant Finance Party or any holding company of its Affiliatesthe relevant Finance Party). In this Clause 8.9,.

Exceptions to increased. costs Clause 8.7 8.6 does not apply to the extent any Increased Costs is: 8.9.1 8.8.1 compensated for by a payment made under Clause 8.128.11; or 8.9.2 8.8.2 compensated for by a payment made under Clause 17.3; or 8.9.3 attributable to a FATCA Deduction required to be made 8.8.3 compensated for by a Partythe payment of the Mandatory Cost; or 8.9.4 8.8.4 attributable to the wilful material breach by the relevant Finance Party (or an Affiliate the holding company of that Finance Party) of any law or regulation; or 8.9.5 8.8.5 attributable to the implementation or application of, or compliance with, the “International Convergence of Capital Measurement and Capital Standards, a Revised Framework” published by the Basel Committee on Banking Supervision in June 2004 in the form existing on the date of this Agreement (but excluding any amendment arising out of Basel IIIII) (“Basel II”) or any other law or regulation which implements Basel II (whether such implementation, application or compliance is by a government, regulator, the relevant Finance Party or any holding company of its Affiliatesthe relevant Finance Party). In this Clause 8.9,.

Exceptions to increased. costs Clause 8.7 8.6 does not apply to the extent any Increased Costs is: 8.9.1 8.8.1 compensated for by a payment made under Clause 8.128.11; or 8.9.2 8.8.2 compensated for by a payment made under Clause 17.3; or 8.9.3 attributable to a FATCA Deduction required to be made 8.8.3 compensated for by a Partythe payment of the Mandatory Cost; or 8.9.4 8.8.4 attributable to the wilful breach by the relevant Finance Party (or an Affiliate the holding company of that Finance Party) of any law or regulation; or 8.9.5 8.8.5 attributable to the implementation or application of, or compliance with, the “International Convergence of Capital Measurement and Capital Standards, a Revised Framework” published by the Basel Committee on Banking Supervision in June 2004 in the form existing on the date of this Agreement (but excluding any amendment arising out of Basel III) (“Basel II”) or any other law or regulation which implements Basel II (whether such implementation, application or compliance is by a government, regulator, the relevant Finance Party or any holding company of its Affiliatesthe relevant Finance Party). In this Clause 8.9,.

Exceptions to increased. costs Clause 8.7 does not apply to the extent any Increased Costs is: 8.9.1 1. compensated for by a payment made under Clause 8.12; or 8.9.2 2. compensated for by a payment made under Clause 17.3; or 8.9.3 3. attributable to a FATCA Deduction required to be made by a Party; or 8.9.4 4. attributable to the wilful breach by the relevant Finance Party (or an Affiliate of that Finance Party) of any law or regulation; or 8.9.5 5. attributable to the implementation or application of, or compliance with, the “"International Convergence of Capital Measurement and Capital Standards, a Revised Framework” " published by the Basel Committee on Banking Supervision in June 2004 in the form existing on the date of this Agreement (but excluding any amendment arising out of Basel III) (“"Basel II”") or any other law or regulation which implements Basel II (whether such implementation, application or compliance is by a government, regulator, Finance Party or of its Affiliates). In this Clause 8.9,