Common use of Payments on Termination Clause in Contracts

Payments on Termination. 48.1 The Calculation Agent, in good faith and acting reasonably, will determine an amount, if any, (the Close-out Amount) that would be paid by (expressed as a positive) or to (expressed as a negative) the non-Affected Party in consideration of an agreement between the non- Affected Party and a third party that would have the effect of preserving for the non-Affected Party the economic equivalent of any payment in respect of the Transaction that would, but for the occurrence of the Early Termination Date, have been required after that date. 48.2 An amount (the "Termination Payment") will be payable equal to the Close-out Amount plus any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the non-Affected Party, and less any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the Affected Party, together with, to the extent permitted under applicable law, any interest owing pursuant to the terms of these Terms. 48.3 If the Termination Payment is a positive number, the Affected Party will pay it to the non- Affected Party; if it is a negative number then the non-Affected Party will pay it to the Affected Party. 48.4 The Termination Payment will, at the option of the non-Affected Party, be reduced by its set-off against any amounts payable (whether at such time or in the future or upon the occurrence of a contingency) by or to, as appropriate, the non-Affected Party (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement(s) between the parties or instrument(s) or undertaking(s) issued or executed by one party to, or in favour of, the other party. 48.5 The parties agree that an amount recoverable under this section 48 is a reasonable pre- estimate of loss and not a penalty. Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided in these Terms neither party will be entitled to recover any additional damages as a consequence of the occurrence of the Early Termination Date. 48.6 In determining the Close-out Amount, the Calculation Agent may consider any relevant information, including, without limitation, one or more of the following types of information: 48.6.1 quotations (either firm or indicative) for replacement Transactions supplied by one or more third parties that may take into account the creditworthiness of the non-Affected Party at the time the quotation is provided and the terms of any relevant documentation, including a Credit Support Document, between the non-Affected Party and the third party providing the quotation; 48.6.2 information consisting of relevant market data in the relevant market supplied by one or more third parties including, without limitation, relevant rates, prices, yields, yield curves, volatilities, spreads, correlations or other relevant market data in the relevant market; or 48.6.3 information of the types described in section 48.6.1 or 48.6.2 above from internal sources if that information is of the same type used by the non-Affected Party in the regular course of its business for the valuation of similar Transactions. 48.7 Without duplication of amounts calculated based on information described in sections 48.6.1, 48.6.2 or 48.6.3 above, or other relevant information, and when it is commercially reasonable to do so, the Calculation Agent may in addition consider in calculating the Close- out Amount any loss or cost incurred in connection with the non- Affected Party terminating, liquidating or re-establishing any hedge related to the Transaction.

Payments on Termination. 48.1 40.1 The Calculation Agent, in good faith and acting reasonably, will determine an amount, if any, (the Close-out Amount) that would be paid by (expressed as a positive) or to (expressed as a negative) the non-Affected Party in consideration of an agreement between the non- non-Affected Party and a third party that would have the effect of preserving for the non-Affected Party the economic equivalent of any payment in respect of the Transaction that would, but for the occurrence of the Early Termination Date, have been required after that date. 48.2 40.2 An amount (the "«Termination Payment"») will be payable equal to the Close-out Amount plus any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the non-Affected Party, and less any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the Affected Party, together with, to the extent permitted under applicable law, any interest owing pursuant to the terms of these Terms. 48.3 40.3 If the Termination Payment is a positive number, the Affected Party will pay it to the non- non-Affected Party; if it is a negative number then the non-non- Affected Party will pay it to the Affected Party. 48.4 40.4 The Termination Payment will, at the option of the non-Affected Party, be reduced by its set-off against any amounts payable (whether at such time or in the future or upon the occurrence of a contingency) by or to, as appropriate, the non-Affected Party (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement(s) between the parties or instrument(s) or undertaking(s) issued or executed by one party to, or in favour of, the other party. 48.5 40.5 The parties agree that an amount recoverable under this section 48 clause 41 is a reasonable pre- pre-estimate of loss and not a penalty. Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided in these Terms Terms, neither party will be entitled to recover any additional damages as a consequence of the occurrence of the Early Termination Date. 48.6 40.6 In determining the Close-out Amount, the Calculation Agent may consider any relevant information, including, without limitation, one or more of the following types of information: 48.6.1 40.6.1 quotations (either firm or indicative) for replacement Transactions supplied by one or more third parties that may take into account the creditworthiness of the non-Affected Party at the time the quotation is provided and the terms of any relevant documentation, including a Credit Support Documentcredit support documentation, between the non-Affected Party and the third party providing the quotation; 48.6.2 40.6.2 information consisting of relevant market data in the relevant market supplied by one or more third parties including, without limitation, relevant rates, prices, yields, yield curves, volatilities, spreads, correlations or other relevant market data in the relevant market; or 48.6.3 40.6.3 information of the types described in section 48.6.1 clause 40.6.1 or 48.6.2 40.6.2 above from internal sources if that information is of the same type used by the non-non- Affected Party in the regular course of its business for the valuation of similar Transactionstransactions. 48.7 Without duplication of amounts calculated based on information described in sections 48.6.1, 48.6.2 or 48.6.3 above, or other relevant information, and when it is commercially reasonable to do so, the Calculation Agent may in addition consider in calculating the Close- out Amount any loss or cost incurred in connection with the non- Affected Party terminating, liquidating or re-establishing any hedge related to the Transaction.

Payments on Termination. 48.1 The Calculation Agent, in good faith and acting reasonably, will determine an amount, if any, (the Close-out Amount) that would be paid by (expressed as a positive) or to (expressed as a negative) the non-Affected Party in consideration of an agreement between the non- non-Affected Party and a third party that would have the effect of preserving for the non-Affected Party the economic equivalent of any payment in respect of the Transaction that would, but for the occurrence of the Early Termination Date, have been required after that date. 48.2 . An amount (the "Termination Payment") will be payable equal to the Close-out Amount plus any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the non-Affected Party, and less any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the Affected Party, together with, to the extent permitted under applicable law, any interest owing pursuant to the terms of these Terms. 48.3 . If the Termination Payment is a positive number, the Affected Party will pay it to the non- non-Affected Party; if it is a negative number then the non-Affected Party will pay it to the Affected Party. 48.4 . The Termination Payment will, at the option of the non-Affected Party, be reduced by its set-off against any amounts payable (whether at such time or in the future or upon the occurrence of a contingency) by or to, as appropriate, the non-Affected Party (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement(s) between the parties or instrument(s) or undertaking(s) issued or executed by one party to, or in favour of, the other party. 48.5 . The parties agree that an amount recoverable under this section 48 is a reasonable pre- pre-estimate of loss and not a penalty. Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided in these Terms neither party will be entitled to recover any additional damages as a consequence of the occurrence of the Early Termination Date. 48.6 . In determining the Close-out Amount, the Calculation Agent may consider any relevant information, including, without limitation, one or more of the following types of information: 48.6.1 quotations (either firm or indicative) for replacement Transactions supplied by one or more third parties that may take into account the creditworthiness of the non-Affected Party at the time the quotation is provided and the terms of any relevant documentation, including a Credit Support Document, between the non-Affected Party and the third party providing the quotation; 48.6.2 information consisting of relevant market data in the relevant market supplied by one or more third parties including, without limitation, relevant rates, prices, yields, yield curves, volatilities, spreads, correlations or other relevant market data in the relevant market; or 48.6.3 information of the types described in section 48.6.1 or 48.6.2 above from internal sources if that information is of the same type used by the non-Affected Party in the regular course of its business for the valuation of similar Transactions. 48.7 . Without duplication of amounts calculated based on information described in sections 48.6.1, 48.6.2 or 48.6.3 above, or other relevant information, and when it is commercially reasonable to do so, the Calculation Agent may in addition consider in calculating the Close- Close-out Amount any loss or cost incurred in connection with the non- Affected Party terminating, liquidating or re-establishing any hedge related to the Transaction.

Payments on Termination. 48.1 ‌ 38.1 The Calculation Agent, in good faith and acting reasonably, will determine an amount, if any, (the Close-out Amount) that would be paid by (expressed as a positive) or to (expressed as a negative) the non-Affected Party in consideration of an agreement between the non- non-Affected Party and a third party that would have the effect of preserving for the non-Affected Party the economic equivalent of any payment in respect of the Transaction that would, but for the occurrence of the Early Termination Date, have been required after that date. 48.2 38.2 An amount (the "Termination Payment") will be payable equal to the Close-out Amount plus any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the non-Affected Party, and less any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the Affected Party, together with, to the extent permitted under applicable lawApplicable Law, any interest owing pursuant to the terms of these Terms. 48.3 38.3 If the Termination Payment is a positive number, the Affected Party will pay it to the non- non-Affected Party; if it is a negative number then the non-Affected Party will pay it to the Affected Party. 48.4 38.4 The Termination Payment will, at the option of the non-Affected Party, be reduced by its set-off against any amounts payable (whether at such time or in the future or upon the occurrence of a contingency) by or to, as appropriate, the non-Affected Party (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement(s) between the parties or instrument(s) or undertaking(s) issued or executed by one party to, or in favour of, the other party. 48.5 38.5 The parties agree that an amount recoverable under this section 48 clause 38 is a reasonable pre- pre-estimate of loss with the characteristic of liquidated ascertained damages and is not a penalty. Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided in these Terms neither party will be entitled to recover any additional damages as a consequence of the occurrence of the Early Termination Date. 48.6 38.6 In determining the Close-out Amount, the Calculation Agent may consider any relevant information, including, without limitation, one or more of the following types of information: 48.6.1 38.6.1 quotations (either firm or indicative) for replacement Transactions supplied by one or more third parties that may take into account the creditworthiness of the non-Affected Party at the time the quotation is provided and the terms of any relevant documentation, including a Credit Support Documentcredit support documentation, between the non-Affected Party and the third party providing the quotation; 48.6.2 38.6.2 information consisting of relevant market data in the relevant market supplied by one or more third parties including, without limitation, relevant rates, prices, yields, yield curves, volatilities, spreads, correlations or other relevant market data in the relevant market; or 48.6.3 38.6.3 information of the types described in section 48.6.1 clause 38.6.1 or 48.6.2 38.6.2 above from internal sources if that information is of the same type used by the non-Affected Party in the regular course of its business for the valuation of similar Transactions. 48.7 transactions. Without duplication of amounts calculated based on information described in sections 48.6.1clause 38.6.1, 48.6.2 38.6.2 or 48.6.3 38.6.3 above, or other relevant information, and when it is commercially reasonable to do so, the Calculation Agent may in addition consider consider, in calculating the Close- Close-out Amount Amount, any loss or cost incurred in connection with the non- non-Affected Party terminating, liquidating or re-establishing any hedge related to the Transaction.

Payments on Termination. 48.1 40.1 The Calculation Agent, in good faith and acting reasonably, will determine an amount, if any, (the Close-out Amount) that would be paid by (expressed as a positive) or to (expressed as a negative) the non-Affected Party in consideration of an agreement between the non- non-Affected Party and a third party that would have the effect of preserving for the non-Affected Party the economic equivalent of any payment in respect of the Transaction that would, but for the occurrence of the Early Termination Date, have been required after that date. 48.2 40.2 An amount (the "Termination Payment") will be payable equal to the Close-out Amount plus any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the non-Affected Party, and less any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the Affected Party, together with, to the extent permitted under applicable law, any interest owing pursuant to the terms of these Terms. 48.3 40.3 If the Termination Payment is a positive number, the Affected Party will pay it to the non- non-Affected Party; if it is a negative number then the non-Affected Party will pay it to the Affected Party. 48.4 40.4 The Termination Payment will, at the option of the non-Affected Party, be reduced by its set-off against any amounts payable (whether at such time or in the future or upon the occurrence of a contingency) by or to, as appropriate, the non-Affected Party (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement(s) between the parties or instrument(s) or undertaking(s) issued or executed by one party to, or in favour of, the other party. 48.5 40.5 The parties agree that an amount recoverable under this section 48 clause 41 is a reasonable pre- pre-estimate of loss and not a penalty. Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided in these Terms Terms, neither party will be entitled to recover any additional damages as a consequence of the occurrence of the Early Termination Date. 48.6 40.6 In determining the Close-out Amount, the Calculation Agent may consider any relevant information, including, without limitation, one or more of the following types of information: 48.6.1 40.6.1 quotations (either firm or indicative) for replacement Transactions supplied by one or more third parties that may take into account the creditworthiness of the non-Affected Party at the time the quotation is provided and the terms of any relevant documentation, including a Credit Support Documentcredit support documentation, between the non-Affected Party and the third party providing the quotation; 48.6.2 40.6.2 information consisting of relevant market data in the relevant market supplied by one or more third parties including, without limitation, relevant rates, prices, yields, yield curves, volatilities, spreads, correlations or other relevant market data in the relevant market; or 48.6.3 40.6.3 information of the types described in section 48.6.1 clause 41.6.1 or 48.6.2 41.6.2 above from internal sources if that information is of the same type used by the non-Affected Party in the regular course of its business for the valuation of similar Transactions. 48.7 transactions. Without duplication of amounts calculated based on information described in sections 48.6.1, 48.6.2 clause 41.6.2 ,41.6.1 or 48.6.3 41.6.3 above, or other relevant information, and when it is commercially reasonable to do so, the Calculation Agent may in addition consider in calculating the Close- Close-out Amount any loss or cost incurred in connection with the non- Affected Party terminating, liquidating or re-establishing any hedge related to the Transaction.

Payments on Termination. 48.1 38.1 The Calculation Agent, in good faith and acting reasonably, will determine an amount, if any, (the Close-out Amount) that would be paid by (expressed as a positive) or to (expressed as a negative) the non-Affected Party in consideration of an agreement between the non- Affected Party and a third party that would have the effect of preserving for the non-Affected Party the economic equivalent of any payment in respect of the Transaction that would, but for the occurrence of the Early Termination Date, have been required after that date.Forex River Ltd. / Client agreement 48.2 38.2 An amount (the "Termination Payment") will be payable equal to the Close-out Amount plus any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the non-Affected Party, and less any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the Affected Party, together with, to the extent permitted under applicable lawApplicable Law, any interest owing pursuant to the terms of these Terms. 48.3 38.3 If the Termination Payment is a positive number, the Affected Party will pay it to the non- Affected Party; if it is a negative number then the non-Affected Party will pay it to the Affected Party. 48.4 38.4 The Termination Payment will, at the option of the non-Affected Party, be reduced by its set-set- off against any amounts payable (whether at such time or in the future or upon the occurrence of a contingency) by or to, as appropriate, the non-Affected Party (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement(s) between the parties or instrument(s) or undertaking(s) issued or executed by one party to, or in favour of, the other party. 48.5 38.5 The parties agree that an amount recoverable under this section 48 clause 38 is a reasonable pre- estimate of loss and not a penalty. Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided in these Terms neither party will be entitled to recover any additional damages as a consequence of the occurrence of the Early Termination Date. 48.6 38.6 In determining the Close-out Amount, the Calculation Agent may consider any relevant information, including, without limitation, one or more of the following types of information: 48.6.1 38.6.1 quotations (either firm or indicative) for replacement Transactions supplied by one or more third parties that may take into account the creditworthiness of the non-Affected Party at the time the quotation is provided and the terms of any relevant documentation, including a Credit Support Documentcredit support documentation, between the non-Affected Party and the third party providing the quotation; 48.6.2 38.6.2 information consisting of relevant market data in the relevant market supplied by one or more third parties including, without limitation, relevant rates, prices, yields, yield curves, volatilities, spreads, correlations or other relevant market data in the relevant market; or 48.6.3 38.6.3 information of the types described in section 48.6.1 clause 38.6.1 or 48.6.2 38.6.2 above from internal sources if that information is of the same type used by the non-Affected Party in the regular course of its business for the valuation of similar Transactions. 48.7 transactions. Without duplication of amounts calculated based on information described in sections 48.6.1clause 38.6.1, 48.6.2 38.6.2 or 48.6.3 38.6.3 above, or other relevant information, and when it is commercially reasonable to do so, the Calculation Agent may in addition consider in calculating the Close- Close-out Amount any loss or cost incurred in connection with the non- non-Affected Party terminating, liquidating or re-establishing any hedge related to the Transaction.

Payments on Termination. 48.1 (a) The Calculation Agent, in good faith and acting reasonably, will determine an amount, if any, (the Close-out Amount"Termination Payment") that would be paid by (expressed as a positive) or to (expressed as a negative) the non-Affected Party in consideration of an agreement between the non- non-Affected Party and a third party Reference Market Maker that would have the effect of preserving for the non-Affected Party the economic equivalent of any payment in respect of the Transaction that would, but for the occurrence of the Early Termination Date, have been required after that date. 48.2 (b) An amount (the "Termination Payment") will be payable equal to the Close-out Amount amount determined by the Calculation Agent in accordance with Section 7(a) plus any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the non-Affected Party, and less any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the Affected Party, together with, to the extent permitted under applicable law, any interest owing pursuant to the terms of these Terms. 48.3 (c) If the Termination Payment amount determined in accordance with Section 7(b) above is a positive number, the Affected Party will pay it that amount to the non- non-Affected Party; if it is a negative number then the non-Affected Party will pay it that amount to the Affected Party. 48.4 The Termination Payment (d) Any amount payable under this Section 7 will, at the option of the non-Affected Party, be reduced by its set-off against any amounts payable (whether at such time or in the future or upon the occurrence of a contingency) by or to, as appropriate, the non-Affected Party (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement(s) between the parties or instrument(s) or undertaking(s) issued or executed by one party to, or in favour of, the other party. 48.5 The parties agree that an amount recoverable under this section 48 is a reasonable pre- estimate of loss and not a penalty. Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided in these Terms neither party will be entitled to recover any additional damages as a consequence of the occurrence of the Early Termination Date. 48.6 In determining the Close-out Amount, the Calculation Agent may consider any relevant information, including, without limitation, one or more of the following types of information: 48.6.1 quotations (either firm or indicative) for replacement Transactions supplied by one or more third parties that may take into account the creditworthiness of the non-Affected Party at the time the quotation is provided and the terms of any relevant documentation, including a Credit Support Document, between the non-Affected Party and the third party providing the quotation; 48.6.2 information consisting of relevant market data in the relevant market supplied by one or more third parties including, without limitation, relevant rates, prices, yields, yield curves, volatilities, spreads, correlations or other relevant market data in the relevant market; or 48.6.3 information of the types described in section 48.6.1 or 48.6.2 above from internal sources if that information is of the same type used by the non-Affected Party in the regular course of its business for the valuation of similar Transactions. 48.7 Without duplication of amounts calculated based on information described in sections 48.6.1, 48.6.2 or 48.6.3 above, or other relevant information, and when it is commercially reasonable to do so, the Calculation Agent may in addition consider in calculating the Close- out Amount any loss or cost incurred in connection with the non- Affected Party terminating, liquidating or re-establishing any hedge related to the Transaction.

Payments on Termination. 48.1 ‌ 35.1 The Calculation Agent, in good faith and acting reasonably, will determine an the amount, if any, (the “Close-out Amount”) that would be paid by (expressed as a positive) or to (expressed as a negative) the non-Affected Party affected party in consideration of an agreement between the non- Affected Party non-affected party and a third party that would have the effect of preserving for the non-Affected Party affected party the economic equivalent of any payment in respect of the a Transaction that would, but for the occurrence of the Early Termination Date, have been required after that date. 48.2 35.2 An amount (the "“Termination Payment"”) will be payable equal to the Close-out Amount plus any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the non-Affected Partyaffected party, and less any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the Affected Partyaffected party, together with, to the extent permitted under applicable law, any interest owing pursuant to the terms of these Termsthis Agreement. 48.3 35.3 If the Termination Payment is a positive number, the Affected Party affected party will pay it to the non- Affected Partyaffected party; if it is a negative number then the non-Affected Party affected party will pay it to the Affected Partyaffectedparty. 48.4 35.4 The Termination Payment will, at the option of the non-Affected Partyaffected party, be reduced by its set-off against any amounts payable (whether at such time or in the future or upon the occurrence of a contingency) by or to, as appropriate, the non-Affected Party affected party (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement(s) between the parties or instrument(s) or undertaking(s) issued or executed by one party to, or in favour of, the other party. 48.5 35.5 The parties agree that an amount recoverable under this section 48 clause 35 is a reasonable pre- pre-estimate of loss and not a penalty. Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided for in these Terms this Agreement neither party will be entitled to recover any additional damages as a consequence of the occurrence of the Early Termination Date. 48.6 35.6 In determining the Close-out Amount, the Calculation Agent may consider any relevant information, including, without limitation, one or more of the following types of information: 48.6.1 35.6.1 quotations (either firm or indicative) for replacement Transactions supplied by one or more third parties that may take into account the creditworthiness of the non-Affected Party affected party at the time the quotation is provided and the terms of any relevant documentation, including a Credit Support Documentcredit support documentation, between the non-Affected Party affected party and the third party providing the quotation; 48.6.2 35.6.2 information consisting of relevant market data in the relevant market supplied by one or more third parties including, without limitation, relevant rates, prices, yields, yield curves, volatilities, spreads, correlations or other relevant market data in the relevant market; or 48.6.3 35.6.3 information of the types described in section 48.6.1 clause 35.6.1 or 48.6.2 35.6.2 above from internal sources if that information is of the same type used by the non-Affected Party affected party in the regular course of its business for the valuation of transactions similar to the Transactions. 48.7 . Without duplication of amounts calculated based on information described in sections 48.6.1, 48.6.2 clause 35.6.1 or 48.6.3 35.6.2 above, or other relevant information, and when it is commercially reasonable to do so, the Calculation Agent may in addition consider in calculating the Close- Close-out Amount any loss or cost incurred in connection with the non- Affected Party affected party terminating, liquidating or re-establishing any hedge related to the Transaction.

Payments on Termination. 48.1 41.1 The Calculation Agent, in good faith and acting reasonably, will determine an amount, if any, (the Close-out Amount) that would be paid by (expressed as a positive) or to (expressed as a negative) the non-Affected Party in consideration of an agreement between the non- non-Affected Party and a third party that would have the effect of preserving for the non-Affected Party the economic equivalent of any payment in respect of the Transaction that would, but for the occurrence of the Early Termination Date, have been required after that date. 48.2 41.2 An amount (the "Termination Payment") will be payable equal to the Close-out Amount plus any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the non-Affected Party, and less any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the Affected Party, together with, to the extent permitted under applicable law, any interest owing pursuant to the terms of these Terms. 48.3 41.3 If the Termination Payment is a positive number, the Affected Party will pay it to the non- non-Affected Party; if it is a negative number then the non-Affected Party will pay it to the Affected Party. 48.4 41.4 The Termination Payment will, at the option of the non-Affected Party, be reduced by its set-off against any amounts payable (whether at such time or in the future or upon the occurrence of a contingency) by or to, as appropriate, the non-Affected Party (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement(s) between the parties or instrument(s) or undertaking(s) issued or executed by one party to, or in favour of, the other party. 48.5 41.5 The parties agree that an amount recoverable under this section 48 clause 41 is a reasonable pre- pre-estimate of loss and not a penalty. Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided in these Terms neither party will be entitled to recover any additional damages as a consequence of the occurrence of the Early Termination Date. 48.6 41.6 In determining the Close-out Amount, the Calculation Agent may consider any relevant information, including, without limitation, one or more of the following types of information: 48.6.1 41.6.1 quotations (either firm or indicative) for replacement Transactions supplied by one or more third parties that may take into account the creditworthiness of the non-Affected Party at the time the quotation is provided and the terms of any relevant documentation, including a Credit Support Documentcredit support documentation, between the non-Affected Party and the third party providing the quotation; 48.6.2 41.6.2 information consisting of relevant market data in the relevant market supplied by one or more third parties including, without limitation, relevant rates, prices, yields, yield curves, volatilities, spreads, correlations or other relevant market data in the relevant market; or 48.6.3 41.6.3 information of the types described in section 48.6.1 clause 41.6.1 or 48.6.2 41.6.2 above from internal sources if that information is of the same type used by the non-Affected Party in the regular course of its business for the valuation of similar Transactions. 48.7 transactions. Without duplication of amounts calculated based on information described in sections 48.6.1clause 41.6.1, 48.6.2 41.6.2 or 48.6.3 41.6.3 above, or other relevant information, and when it is commercially reasonable to do so, the Calculation Agent may in addition consider in calculating the Close- Close-out Amount any loss or cost incurred in connection with the non- Affected Party terminating, liquidating or re-establishing any hedge related to the Transaction.

Payments on Termination. 48.1 38.1 The Calculation Agent, in good faith and acting reasonably, will determine an amount, if any, (the Close-out Amount) that would be paid by (expressed as a positive) or to (expressed as a negative) the non-Affected Party in consideration of an agreement between the non- Affected Party and a third party that would have the effect of preserving for the non-Affected Party the economic equivalent of any payment in respect of the Transaction that would, but for the occurrence of the Early Termination Date, have been required after that date.Affected 48.2 38.2 An amount (the "Termination Payment") will be payable equal to the Close-out Amount plus any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the non-Affected Party, and less any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the Affected Party, together with, to the extent permitted under applicable lawApplicable Law, any interest owing pursuant to the terms of these Terms. 48.3 38.3 If the Termination Payment is a positive number, the Affected Party will pay it to the non- non Affected Party; if it is a negative number then the non-Affected Party will pay it to the Affected Party. 48.4 38.4 The Termination Payment will, at the option of the non-Affected Party, be reduced by its set-set off against any amounts payable (whether at such time or in the future or upon the occurrence of a contingency) by or to, as appropriate, the non-Affected Party (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement(s) between the parties or instrument(s) or undertaking(s) issued or executed by one party to, or in favour of, the other party. 48.5 38.5 The parties agree that an amount recoverable under this section 48 clause 38 is a reasonable pre- pre estimate of loss and not a penalty. Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided in these Terms neither party will be entitled to recover any additional damages as a consequence of the occurrence of the Early Termination Date. 48.6 38.6 In determining the Close-out Amount, the Calculation Agent may consider any relevant information, including, without limitation, one or more of the following types of informationofinformation: 48.6.1 38.6.1 quotations (either firm or indicative) for replacement Transactions supplied by one or more third parties that may take into account the creditworthiness of the non-Affected Party at the time the quotation is provided and the terms of any relevant documentation, including a Credit Support Documentcredit support documentation, between the non-Affected Party and the third party providing the quotation; 48.6.2 38.6.2 information consisting of relevant market data in the relevant market supplied by one or more third parties including, without limitation, relevant rates, prices, yields, yield curves, volatilities, spreads, correlations or other relevant market data in the relevant market; or 48.6.3 38.6.3 information of the types described in section 48.6.1 clause 38.6.1 or 48.6.2 38.6.2 above from internal sources if that information is of the same type used by the non-Affected Party in the regular course of its business for the valuation of similar Transactions. 48.7 similartransactions. Without duplication of amounts calculated based on information described in sections 48.6.1clause 38.6.1, 48.6.2 38.6.2 or 48.6.3 38.6.3 above, or other relevant information, and when it is commercially reasonable to do so, the Calculation Agent may in addition consider in calculating the Close- Close-out Amount any loss or cost incurred in connection with the non- non-Affected Party terminating, liquidating or re-establishing any hedge related to the Transaction.

Payments on Termination. 48.1 35.1 The Calculation Agent, in good faith and acting reasonably, will determine an the amount, if any, (the “Close-out Amount”) that would be paid by (expressed as a positive) or to (expressed as a negative) the non-Affected Party affected party in consideration of an agreement between the non- Affected Party non-affected party and a third party that would have the effect of preserving for the non-Affected Party affected party the economic equivalent of any payment in respect of the a Transaction that would, but for the occurrence of the Early Termination Date, have been required after that date. 48.2 35.2 An amount (the "“Termination Payment"”) will be payable equal to the Close-out Amount plus any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the non-Affected Partyaffected party, and less any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the Affected Partyaffected party, together with, to the extent permitted under applicable law, any interest owing pursuant to the terms of these Termsthis Agreement. 48.3 35.3 If the Termination Payment is a positive number, the Affected Party affected party will pay it to the non- Affected Partyaffected party; if it is a negative number then the non-Affected Party affected party will pay it to the Affected Partyaffected party. 48.4 35.4 The Termination Payment will, at the option of the non-Affected Partyaffected party, be reduced by its set-off against any amounts payable (whether at such time or in the future or upon the occurrence of a contingency) by or to, as appropriate, the non-Affected Party affected party (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement(s) between the parties or instrument(s) or undertaking(s) issued or executed by one party to, or in favour of, the other party. 48.5 35.5 The parties agree that an amount recoverable under this section 48 clause 35 is a reasonable pre- pre-estimate of loss and not a penalty. Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided for in these Terms this Agreement neither party will be entitled to recover any additional damages as a consequence of the occurrence of the Early Termination Date. 48.6 35.6 In determining the Close-out Amount, the Calculation Agent may consider any relevant information, including, without limitation, one or more of the following types of information: 48.6.1 35.6.1 quotations (either firm or indicative) for replacement Transactions supplied by one or more third parties that may take into account the creditworthiness of the non-Affected Party affected party at the time the quotation is provided and the terms of any relevant documentation, including a Credit Support Documentcredit support documentation, between the non-Affected Party affected party and the third party providing the quotation; 48.6.2 35.6.2 information consisting of relevant market data in the relevant market supplied by one or more third parties including, without limitation, relevant rates, prices, yields, yield curves, volatilities, spreads, correlations or other relevant market data in the relevant market; or 48.6.3 35.6.3 information of the types described in section 48.6.1 clause 35.6.1 or 48.6.2 35.6.2 above from internal sources if that information is of the same type used by the non-Affected Party affected party in the regular course of its business for the valuation of transactions similar to the Transactions. 48.7 . Without duplication of amounts calculated based on information described in sections 48.6.1, 48.6.2 clause 35.6.1 or 48.6.3 35.6.2 above, or other relevant information, and when it is commercially reasonable to do so, the Calculation Agent may in addition consider in calculating the Close- Close-out Amount any loss or cost incurred in connection with the non- Affected Party affected party terminating, liquidating or re-establishing any hedge related to the Transaction.

Payments on Termination. 48.1 The Calculation Agent, in good faith and acting reasonably, will determine an amount, if any, (the Close-out Amount) that would be paid by (expressed as a positive) or to (expressed as a negative) the non-Affected Party in consideration of an agreement between the non- non-Affected Party and a third party that would have the effect of preserving for the non-Affected Party the economic equivalent of any payment in respect of the Transaction that would, but for the occurrence of the Early Termination Date, have been required after that date. 48.2 . An amount (the "Termination Payment") will be payable equal to the Close-out Amount plus any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the non-non- Affected Party, and less any amounts which have fallen due but remain unpaid as at the Early Termination Date owing to the Affected Party, together with, to the extent permitted under applicable law, any interest owing pursuant to the terms of these Terms. 48.3 . If the Termination Payment is a positive number, the Affected Party will pay it to the non- non-Affected Party; if it is a negative number then the non-Affected Party will pay it to the Affected Party. 48.4 . The Termination Payment will, at the option of the non-Affected Party, be reduced by its set-off against any amounts payable (whether at such time or in the future or upon the occurrence of a contingency) by or to, as appropriate, the non-Affected Party (irrespective of the currency, place of payment or booking office of the obligation) under any other agreement(s) between the parties or instrument(s) or undertaking(s) issued or executed by one party to, or in favour of, the other party. 48.5 . The parties agree that an amount recoverable under this section 48 49 is a reasonable pre- pre-estimate of loss and not a penalty. Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided in these Terms neither party will be entitled to recover any additional damages as a consequence of the occurrence of the Early Termination Date. 48.6 . In determining the Close-out Amount, the Calculation Agent may consider any relevant information, including, without limitation, one or more of the following types of information: 48.6.1 49.6.1 quotations (either firm or indicative) for replacement Transactions supplied by one or more third parties that may take into account the creditworthiness of the non-Affected Party at the time the quotation is provided and the terms of any relevant documentation, including a Credit Support Document, between the non-Affected Party and the third party providing the quotation;Support 48.6.2 49.6.2 information consisting of relevant market data in the relevant market supplied by one or more third parties including, without limitation, relevant rates, prices, yields, yield curves, volatilities, spreads, correlations or other orother relevant market data in the relevant market; or 48.6.3 49.6.3 information of the types described in section 48.6.1 clause 49.6.1 or 48.6.2 49.6.2 above from internal sources if that information is of the same type used by the non-Affected Party in the regular course of its business for the valuation of similar ofsimilar Transactions. 48.7 Without duplication of amounts calculated based on information described in sections 48.6.1, 48.6.2 or 48.6.3 above, or other relevant information, and when it is commercially reasonable to do so, the Calculation Agent may in addition consider in calculating the Close- out Amount any loss or cost incurred in connection with the non- Affected Party terminating, liquidating or re-establishing any hedge related to the Transaction.