Common use of Early Termination Amount Clause in Contracts

Early Termination Amount. If an Early Termination Date is established, the Non-Defaulting Party shall in good faith calculate its Gains, or Losses and Costs, resulting from the termination of the terminated Transaction(s), aggregate such Gains, Losses and Costs with respect to all terminated Transactions into a single net amount ("Early Termination Amount"). The Non-Defaulting Party may (but need not) determine its Gains or Losses by reference to information either available to it internally or supplied by one or more third parties including, without limitation, quotations (either firm or indicative) of relevant prices or other market data in the relevant markets. Third parties supplying such information may include, without limitation, dealers in the relevant markets, end users of the relevant Products, information vendors, and other sources of market information. The Non-Defaulting Party shall notify the Defaulting Party of the Early Termination Amount. The Party owing the Early Termination Amount shall, within three (3) Business Days after such Notice, pay the Early Termination Amount to the Party owed such amount, together with interest at the interest rate specified in Section 7.1.8 (Late Payments) from the Early Termination Date until the date of payment. The Non-Defaulting Party shall determine, in a commercially reasonable manner, its Gains, Losses and Costs as of the Early Termination Date, or, if that is not possible, at the earliest date thereafter that is reasonably possible.