Common use of Termination Payment Clause in Contracts

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies and the ▇▇▇▇ Supplier for the provision of ▇▇▇▇ Supply or similar service (each, an “Other ▇▇▇▇ Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party under this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus similar settlement amounts payable to the Non-Defaulting Party under any Other ▇▇▇▇ Supply Agreement plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ Supplier, the Companies will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ Supplier as Default Damages; and further provided that any previously attached security interest of the Companies in such retained amounts will continue. If the Termination Payment has been retained by the Companies as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ Supplier, the Companies will pay simple interest on the Termination Payment amount being made to the ▇▇▇▇ Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus (a) similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies Duke Energy Ohio and the ▇▇▇▇ applicable SSO Supplier for the provision of ▇▇▇▇ SSO Supply or similar service (each, an “Other ▇▇▇▇ SSO Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Defaulting Party, any cash or other form of security Performance Assurance then available to the Non-Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus (c) any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus (a) similar settlement amounts payable to the Non-Defaulting Party under any Other ▇▇▇▇ SSO Supply Agreement being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Defaulting Party, any cash or other form of security Performance Assurance then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus (c) any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ an SSO Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ SSO Supplier, the Companies Duke Energy Ohio will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as a security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ SSO Supplier as Default Damages; and further provided that any previously attached security interest of the Companies Duke Energy Ohio in such retained amounts will continue. If the Termination Payment has been retained by the Companies Duke Energy Ohio as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ SSO Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ SSO Supplier, the Companies Duke Energy Ohio will pay simple interest at the Interest Rate on the Termination Payment amount being made to the ▇▇▇▇ SSO Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus (a) similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies AEP Ohio and the ▇▇▇▇ applicable SSO Supplier for the provision of ▇▇▇▇ Supply SSO Supply, Energy supply or other similar service (each, an “Other ▇▇▇▇ Energy Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Defaulting Party, any cash or other form of security Performance Assurance then available to the Non-Non- Defaulting Party under this Agreement or Other ▇▇▇▇ Energy Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus (c) any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Energy Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus (a) similar settlement amounts payable to the Non-Non- Defaulting Party under any Other ▇▇▇▇ Energy Supply Agreement being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Defaulting Party, any cash or other form of security Performance Assurance then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ Energy Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus (c) any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Energy Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ an SSO Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ SSO Supplier, the Companies AEP Ohio will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as a security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ SSO Supplier as Default Damages; and further provided that any previously attached security interest of the Companies AEP Ohio in such retained amounts will continue. If the Termination Payment has been retained by the Companies AEP Ohio as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ SSO Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ SSO Supplier, the Companies AEP Ohio will pay simple interest at the Interest Rate on the Termination Payment amount being made to the ▇▇▇▇ SSO Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus (a) similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies Duke Energy Ohio and the ▇▇▇▇ applicable SSO Supplier for the provision of ▇▇▇▇ SSO Supply or similar service (each, an “Other ▇▇▇▇ SSO Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Defaulting Party, any cash or other form of security Performance Assurance then available to the Non-Non- Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus (c) any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus (a) similar settlement amounts payable to the Non-Defaulting Party under any Other ▇▇▇▇ SSO Supply Agreement being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Defaulting Party, any cash or other form of security Performance Assurance then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus (c) any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ an SSO Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ SSO Supplier, the Companies Duke Energy Ohio will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as a security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ SSO Supplier as Default Damages; and further provided that any previously attached security interest of the Companies Duke Energy Ohio in such retained amounts will continue. If the Termination Payment has been retained by the Companies Duke Energy Ohio as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ SSO Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ SSO Supplier, the Companies Duke Energy Ohio will pay simple interest at the Interest Rate on the Termination Payment amount being made to the ▇▇▇▇ SSO Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies and the ▇▇▇▇ applicable SSO Supplier for the provision of ▇▇▇▇ SSO Supply or similar service (each, an “Other ▇▇▇▇ SSO Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus similar settlement amounts payable to the Non-Defaulting Party under any Other ▇▇▇▇ SSO Supply Agreement plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ an SSO Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ SSO Supplier, the Companies will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ SSO Supplier as Default Damages; and further provided that any previously attached security interest of the Companies in such retained amounts will continue. If the Termination Payment has been retained by the Companies as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ SSO Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ SSO Supplier, the Companies will pay simple interest on the Termination Payment amount being made to the ▇▇▇▇ SSO Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus (a) similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies AEP Ohio and the ▇▇▇▇ Supplier for the provision of ▇▇▇▇ Supply Supply, Energy supply or other similar service (each, an “Other ▇▇▇▇ Energy Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Defaulting Party, any cash or other form of security Performance Assurance then available to the Non-Non- Defaulting Party under this Agreement or Other ▇▇▇▇ Energy Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus (c) any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Energy Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus (a) similar settlement amounts payable to the Non-Non- Defaulting Party under any Other ▇▇▇▇ Energy Supply Agreement being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Defaulting Party, any cash or other form of security Performance Assurance then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ Energy Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus (c) any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Energy Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ Supplier is the Defaulting Party and the Termination Payment is due to such the ▇▇▇▇ Supplier, the Companies AEP Ohio will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as a security for additional amounts that may be determined to be due and owing by such the ▇▇▇▇ Supplier as Default Damages; and further provided that any previously attached security interest of the Companies AEP Ohio in such retained amounts will continue. If the Termination Payment has been retained by the Companies AEP Ohio as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ Supplier, the Companies AEP Ohio will pay simple interest at the Interest Rate on the Termination Payment amount being made to the ▇▇▇▇ Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies and the ▇▇▇▇ applicable SSO Supplier for the provision of ▇▇▇▇ SSO Supply or similar service (each, an “Other ▇▇▇▇ SSO Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus similar settlement amounts payable to the Non-Non- Defaulting Party under any Other ▇▇▇▇ SSO Supply Agreement plus, at the option of the Non-Non- Defaulting Party, any cash or other form of security then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus any or all other amounts due to the Non-Non- Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ an SSO Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ SSO Supplier, the Companies will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ SSO Supplier as Default Damages; and further provided that any previously attached security interest of the Companies in such retained amounts will continue. If the Termination Payment has been retained by the Companies as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ SSO Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ SSO Supplier, the Companies will pay simple interest on the Termination Payment amount being made to the ▇▇▇▇ SSO Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus (a) similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies and the ▇▇▇▇ Supplier for the provision of ▇▇▇▇ Supply or similar service (each, an “Other ▇▇▇▇ Supply Agreement”) Agreement being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Defaulting Party, any cash or other form of security Performance Assurance then available to the Non-Defaulting Party under this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus (c) any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus (a) similar settlement amounts payable to the Non-Defaulting Party under any Other ▇▇▇▇ Supply Agreement being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Defaulting Party, any cash or other form of security Performance Assurance then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus (c) any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ Supplier is the Defaulting Party and the Termination Payment is due to such the ▇▇▇▇ Supplier, the Companies Duke Energy Ohio will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as a security for additional amounts that may be determined to be due and owing by such the ▇▇▇▇ Supplier as Default Damages; and further provided that any previously attached security interest of the Companies Duke Energy Ohio in such retained amounts will continue. If the Termination Payment has been retained by the Companies Duke Energy Ohio as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ Supplier, the Companies Duke Energy Ohio will pay simple interest at the Interest Rate on the Termination Payment amount being made to the ▇▇▇▇ Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.

Termination Payment. The Non-Defaulting If this Agreement is terminated (a) by the Required Commitment Parties pursuant to Section 13(c)(i) or Section 13(c)(v); (b) by the Required Commitment Parties pursuant to Section 13(c)(ii)(A) or Section 13(c)(ii)(C); or (c) by the Debtors pursuant to Section 13(b)(ii); and following such termination under the foregoing clause (b) or (c) the Debtors consummate an Alternative Proposal at any time during the period that is twelve (12) months from the date of such termination; the Debtors shall pay a cash premium in the aggregate amount of ten percent (10%) of the Rights Offering Amount, (i) solely in the case of the foregoing clause (a) within ten (10) Business Days of such termination or (ii) in the case of the foregoing clause (b) or (c), promptly following consummation of such Alternative Proposal, in each case (i) and (ii), in the amount to each Backstop Party will calculate a single payment opposite the name of such Backstop Party on Schedule 3 hereto (plus any Transaction Expenses) (the “Termination PaymentPayment Amount”), provided that (x) by netting out (i) the sum no Backstop Party shall be paid any portion of the Settlement Termination Payment Amount under this Agreement payable to the if such Backstop Party is a Defaulting Party, plus similar settlement amounts payable to the Defaulting Commitment Party under any other agreements between the Companies and the ▇▇▇▇ Supplier for the provision of ▇▇▇▇ Supply or similar service (each, an “Other ▇▇▇▇ Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, at the option time of the Non-termination and such Defaulting Commitment Party, any cash or other form of security then available to the Non-Defaulting Party under this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated ’s Termination Payment Amount shall be forfeited and retained by the Non-Defaulting PartyDebtors, plus (y) no Termination Payment Amount shall be paid to any or all other amounts due to the Defaulting Backstop Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus similar settlement amounts payable to the Non-Defaulting Party under any Other ▇▇▇▇ Supply Agreement plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Defaulting Party under if this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated and retained the RSA shall have been terminated by the Defaulting Party, plus any Debtors or all other amounts due to the Non-Defaulting Party under Requisite Consenting Creditors (as defined in the RSA) in accordance with its t erms as a result a material breach by one or more Commitment Parties constituting the Required Commitment Parties and (z) if the Debtors terminate this Agreement and, at the option pursuant to Section 13(b)(iv) (except as a result of a breach thereof by one or more of the Non-Defaulting PartyConsenting Creditors), Other ▇▇▇▇ Supply Agreements. The Termination Payment such termination will be due not relieve the Debtors of their obligations to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ Supplier is the Defaulting Party and pay the Termination Payment is due Amount to such ▇▇▇▇ Supplier, the Companies will be entitled to retain a reasonable portion Backstop Parties if any of the Termination Paymentconditions described in Sections 13(c)(i), which may be equal 13(c)(ii)(A), Section 13(c)(ii)(C) or 13(c)(v) are otherwise satisfied. Subject only to the entire amount approval of this Agreement by the Termination PaymentBankruptcy Court, as security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ Supplier as Default Damages; and further provided that any previously attached security interest of the Companies extent payable in such retained amounts will continue. If accordance with this Section 13(e), the Termination Payment has been retained by the Companies as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ Supplier, the Companies will pay simple interest on the Termination Payment amount being made to the ▇▇▇▇ Supplier for the period of such retention. Simple interest will be calculated at the lower Amount shall constitute an allowed administrative expense of the Interest Index or six percent (6%Debtors’ estates under Sections 503(b) per annumand 507 of the Bankruptcy Code with the priority provided by Section 503(b)(1) of the Bankruptcy Code.

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies AES Ohio and the ▇▇▇▇ applicable SSO Supplier for the provision of ▇▇▇▇ SSO Supply or similar service (each, an “Other ▇▇▇▇ SSO Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus similar settlement amounts payable to the Non-Defaulting Party under any Other ▇▇▇▇ SSO Supply Agreement plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ an SSO Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ SSO Supplier, the Companies AES Ohio will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ SSO Supplier as Default Damages; and further provided that any previously attached security interest of the Companies AES Ohio in such retained amounts will continue. If the Termination Payment has been retained by the Companies AES Ohio as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ SSO Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ SSO Supplier, the Companies AES Ohio will pay simple interest on the Termination Payment amount being made to the ▇▇▇▇ SSO Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.

Termination Payment. The In the event that: (a) a Party enters into an Agreement to effect an Acquisition Proposal that is a Superior Proposal in accordance with Section 3 of this Schedule I; or (b) a Party makes a Change of Recommendation in respect of the Arrangements; then such Party (the “Terminating Party”) shall pay to the other Parties (the “Non-Defaulting Terminating Parties”) an aggregate amount in cash equal to; (a) $22,000,000 in the event that Metallica is the Terminating Party; (b) $18,000,000 in the event Peak is the Terminating Party; or (c) $8,000,000 in the event that New Gold is the Terminating Party will calculate a single payment (any such payment, the “Termination Payment”) by netting out (i) the sum ), in immediately available funds. No Terminating Party shall be obligated to make payment greater in aggregate than such amount pursuant to this Section 4 and, for greater certainty, no Party shall be entitled to receive a Termination Payment from more than one Party.. Each Non-Terminating Party shall be entitled to an amount equal to 50% of a Termination Payment. Each of the Settlement Amount under this Agreement payable Parties hereby acknowledges that the portion of any Termination Payment to which they may become entitled as a Non-Terminating Party is a payment of liquidated damages which is a genuine pre-estimate of the Defaulting Party, plus similar settlement amounts payable to the Defaulting damages which such Non-Terminating Party under any other agreements between the Companies and the ▇▇▇▇ Supplier for the provision will suffer or incur as a result of ▇▇▇▇ Supply or similar service (each, an “Other ▇▇▇▇ Supply Agreement”) being terminated due to the event giving rise to such damages and the Event resultant non-completion of Default plusthe Arrangements and is not a penalty. Each Party hereby irrevocably waives any right it may have to raise as a defence that any such liquidated damages are excessive or punitive. Upon receipt by a Party of the portion of the Termination Payment to which such Party is entitled, such Party shall have no further claim against the Terminating Party in respect of the failure to complete the Arrangements, provided that nothing herein shall preclude a Non-Terminating Party from seeking injunctive relief to restrain any breach or threatened breach by a Terminating Party of any of its obligations hereunder or otherwise to obtain specific performance without the necessity of posting bond or security in connection therewith. In addition to the foregoing, if this Agreement is terminated pursuant to Section 6.02(d) hereof due to the failure by the shareholders of one or more of the Parties to approve the Arrangements (such Party the “Non-Approving Party”) at the option of relevant Meeting, and prior to such Meeting, a bona fide Acquisition Proposal, or the Non-Defaulting Party, any cash or other form of security then available intention to enter a bona fide Acquisition Proposal with respect to the Non-Defaulting Party under this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Approving Party, plus any or all other amounts due to the Defaulting Party under this Agreement and, at the option has been publicly announced and not withdrawn and within 6 months of the Non-Defaulting Party, Other ▇▇▇▇ Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus similar settlement amounts payable to the Non-Defaulting Party under any Other ▇▇▇▇ Supply Agreement plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ Supplier, the Companies will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ Supplier as Default Damages; and further provided that any previously attached security interest of the Companies in such retained amounts will continue. If the Termination Payment has been retained by the Companies as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ Supplier, the Companies will pay simple interest on the Termination Payment amount being made to the ▇▇▇▇ Supplier for the period date of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.termination:

Termination Payment. The In the event that: (a) a Party enters into an Agreement to effect an Acquisition Proposal that is a Superior Proposal in accordance with Section 3 of this Schedule A; or (b) a Party makes a Change of Recommendation in respect of the Transaction; then such Party (the “Terminating Party”) shall pay to the other Parties (the “Non-Defaulting Terminating Parties”) an aggregate amount in cash equal to; (a) $22,000,000 in the event that Metallica is the Terminating Party; (b) $18,000,000 in the event Peak Gold is the Terminating Party; or (c) $8,000,000 in the event that New Gold is the Terminating Party will calculate a single payment (any such payment, the “Termination Payment”) by netting out (i) the sum ), in immediately available funds. No Terminating Party shall be obligated to make payment greater in aggregate than such amount pursuant to this Section 4 and, for greater certainty, no Party shall be entitled to receive a Termination Payment from more than one Party.. Each Non-Terminating Party shall be entitled to an amount equal to 50% of a Termination Payment. Each of the Settlement Amount under this Agreement payable Parties hereby acknowledges that the portion of any Termination Payment to which they may become entitled as a Non-Terminating Party is a payment of liquidated damages which is a genuine pre-estimate of the Defaulting Party, plus similar settlement amounts payable to the Defaulting damages which such Non-Terminating Party under any other agreements between the Companies and the ▇▇▇▇ Supplier for the provision will suffer or incur as a result of ▇▇▇▇ Supply or similar service (each, an “Other ▇▇▇▇ Supply Agreement”) being terminated due to the event giving rise to such damages and the Event resultant non-completion of Default plusthe Transaction and is not a penalty. Each Party hereby irrevocably waives any right it may have to raise as a defence that any such liquidated damages are excessive or punitive. Upon receipt by a Party of the portion of the Termination Payment to which such Party is entitled, such Party shall have no further claim against the Terminating Party in respect of the failure to complete the Transaction, provided that nothing herein shall preclude a Non-Terminating Party from seeking injunctive relief to restrain any breach or threatened breach by a Terminating Party of any of its obligations hereunder or otherwise to obtain specific performance without the necessity of posting bond or security in connection therewith. In addition to the foregoing, if this Agreement is terminated pursuant to Section 17(e) hereof due to the failure by the shareholders of one or more of the Parties to approve the Transaction (such Party the “Non-Approving Party”) at the option of relevant Meeting, and prior to such Meeting, a bona fide Acquisition Proposal, or the Non-Defaulting Party, any cash or other form of security then available intention to enter a bona fide Acquisition Proposal with respect to the Non-Defaulting Party under this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Approving Party, plus any or all other amounts due to the Defaulting Party under this Agreement and, at the option has been publicly announced and not withdrawn and within 6 months of the Non-Defaulting Party, Other ▇▇▇▇ Supply Agreements, and date of such termination: (iiA) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus similar settlement amounts payable to the Non-Defaulting Party under any Other ▇▇▇▇ Supply Agreement plus, at the option of the Non-Defaulting Party, any cash Person who made such Acquisition Proposal or other form of security then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ Supplier, the Companies will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ Supplier as Default Damages; and further provided that any previously attached security interest of the Companies in such retained amounts will continue. If the Termination Payment has been retained by the Companies as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ Supplier, the Companies will pay simple interest on the Termination Payment amount being made to the ▇▇▇▇ Supplier for the period an affiliate of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.Person:

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies DP&L and the ▇▇▇▇ Supplier for the provision of ▇▇▇▇ Supply or similar service (each, an “Other ▇▇▇▇ Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party under this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus similar settlement amounts payable to the Non-Defaulting Party under any Other ▇▇▇▇ Supply Agreement plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ Supplier, the Companies DP&L will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ Supplier as Default Damages; and further provided that any previously attached security interest of the Companies DP&L in such retained amounts will continue. If the Termination Payment has been retained by the Companies DP&L as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ Supplier, the Companies DP&L will pay simple interest on the Termination Payment amount being made to the ▇▇▇▇ Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus (a) similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies Duke Energy Ohio and the ▇▇▇▇ applicable SSO Supplier for the provision of ▇▇▇▇ SSO Supply or similar service (each, an “Other ▇▇▇▇ SSO Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Defaulting Party, any cash or other form of security Performance Assurance then available to the Non-Non- Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus (c) any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus (a) similar settlement amounts payable to the Non-Non- Defaulting Party under any Other ▇▇▇▇ SSO Supply Agreement being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Defaulting Party, any cash or other form of security Performance Assurance then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus (c) any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ an SSO Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ SSO Supplier, the Companies Duke Energy Ohio will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as a security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ SSO Supplier as Default Damages; and further provided that any previously attached security interest of the Companies Duke Energy Ohio in such retained amounts will continue. If the Termination Payment has been retained by the Companies Duke Energy Ohio as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ SSO Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ SSO Supplier, the Companies Duke Energy Ohio will pay simple interest at the Interest Rate on the Termination Payment amount being made to the ▇▇▇▇ SSO Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies DP&L and the ▇▇▇▇ Supplier for the provision of ▇▇▇▇ Supply or similar service (each, an “Other ▇▇▇▇ Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party under this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Non- Defaulting Party, Other ▇▇▇▇ Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus similar settlement amounts payable to the Non-Defaulting Party under any Other ▇▇▇▇ Supply Agreement plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ Supplier, the Companies DP&L will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ Supplier as Default Damages; and further provided that any previously attached security interest of the Companies DP&L in such retained amounts will continue. If the Termination Payment has been retained by the Companies DP&L as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ Supplier, the Companies DP&L will pay simple interest on the Termination Payment amount being made to the ▇▇▇▇ Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus (a) similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies AEP Ohio and the ▇▇▇▇ applicable SSO Supplier for the provision of ▇▇▇▇ Supply SSO Supply, Energy supply or other similar service (each, an “Other ▇▇▇▇ Energy Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Defaulting Party, any cash or other form of security Performance Assurance then available to the Non-Defaulting Party under this Agreement or Other ▇▇▇▇ Energy Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus (c) any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Non- Defaulting Party, Other ▇▇▇▇ Energy Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus (a) similar settlement amounts payable to the Non-Defaulting Party under any Other ▇▇▇▇ Energy Supply Agreement being terminated due to the event giving rise to the Event of Default plus, (b) at the option of the Non-Non- Defaulting Party, any cash or other form of security Performance Assurance then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ Energy Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus (c) any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ Energy Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ an SSO Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ SSO Supplier, the Companies AEP Ohio will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as a security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ SSO Supplier as Default Damages; and further provided that any previously attached security interest of the Companies AEP Ohio in such retained amounts will continue. If the Termination Payment has been retained by the Companies AEP Ohio as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ SSO Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ SSO Supplier, the Companies AEP Ohio will pay simple interest at the Interest Rate on the Termination Payment amount being made to the ▇▇▇▇ SSO Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.

Termination Payment. The Non-Defaulting Party will calculate a single payment (the “Termination Payment”) by netting out (i) the sum of the Settlement Amount under this Agreement payable to the Defaulting Party, plus similar settlement amounts payable to the Defaulting Party under any other agreements between the Companies The Dayton Power and Light Company and the ▇▇▇▇ applicable SSO Supplier for the provision of ▇▇▇▇ SSO Supply or similar service (each, an “Other ▇▇▇▇ SSO Supply Agreement”) being terminated due to the event giving rise to the Event of Default plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Non-Non- Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements, and (ii) the sum of the Settlement Amount under this Agreement payable to the Non-Defaulting Party, plus similar settlement amounts payable to the Non-Defaulting Party under any Other ▇▇▇▇ SSO Supply Agreement plus, at the option of the Non-Defaulting Party, any cash or other form of security then available to the Defaulting Party under this Agreement or Other ▇▇▇▇ SSO Supply Agreements and actually received, liquidated and retained by the Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement and, at the option of the Non-Defaulting Party, Other ▇▇▇▇ SSO Supply Agreements. The Termination Payment will be due to or due from the Non-Defaulting Party as appropriate; provided, however, that if the ▇▇▇▇ an SSO Supplier is the Defaulting Party and the Termination Payment is due to such ▇▇▇▇ SSO Supplier, the Companies The Dayton Power and Light Company will be entitled to retain a reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as security for additional amounts that may be determined to be due and owing by such ▇▇▇▇ SSO Supplier as Default Damages; and further provided that any previously attached security interest of the Companies The Dayton Power and Light Company in such retained amounts will continue. If the Termination Payment has been retained by the Companies The Dayton Power and Light Company as security for additional amounts that may be determined to be due and owing by the ▇▇▇▇ SSO Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the ▇▇▇▇ SSO Supplier, the Companies The Dayton Power and Light Company will pay simple interest on the Termination Payment amount being made to the ▇▇▇▇ SSO Supplier for the period of such retention. Simple interest will be calculated at the lower of the Interest Index or six percent (6%) per annum.