Common use of Master Netting Clause in Contracts

Master Netting. “(a) In addition to the Termination Payment calculated under Section 5.2 and 5.3 of the Master Agreement, for purposes of this Confirmation Agreement due to an Event of Default, the Non-Defaulting Party shall calculate a “FPCSC Termination Payment” by aggregating all “Settlement Amounts” and/or “Termination Payments” (however calculated) due under this Confirmation Agreement and any other Fixed Price Customer Supply Contracts into a single amount by: netting out (a) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Defaulting Party, plus, at the option of the Non- Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts against (b) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Non-Defaulting Party, plus any or all other amounts due to the Non- Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts, so that all such amounts shall be netted out to a single liquidated amount owed by one Party to the other. Such single FPCSC Termination Payment will be payable within five (5) Business Days by the Party owing such amount to the other.

Master Netting. “(a) In addition to the Termination Payment calculated under Section Sections 5.2 and 5.3 of the Master Agreement, for purposes of this Confirmation Agreement due to an Event of Default, the Non-Defaulting Party shall calculate a “FPCSC Termination Payment” by aggregating all “Settlement Amounts” and/or “Termination Payments” (however calculated) due under this Confirmation Agreement and any other Fixed Price Customer Supply Contracts into a single amount by: netting out (a) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Defaulting Party, plus, at the option of the Non- Non-Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts against (b) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Non-Defaulting Party, plus any or all other amounts due to the Non- Non-Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts, so that all such amounts shall be netted out to a single liquidated amount owed by one Party to the other. Such single FPCSC Termination Payment will be payable within five (5) Business Days by the Party owing such amount to the other.

Master Netting. “(a) In addition to the Termination Payment calculated under Section 5.2 and 5.3 of the Master Agreement, for purposes of this Confirmation Agreement due to an Event of Default, the Non-Defaulting Party shall calculate a “FPCSC Termination Payment” by aggregating all “Settlement Amounts” and/or “Termination Payments” (however calculated) due under this Confirmation Agreement and any other Fixed Price Customer Supply Contracts into a single amount by: netting out (a) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Defaulting Party, plus, at the option of the Non- Non-Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts against (b) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Non-Defaulting Party, plus any or all other amounts due to the Non- Non-Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts, so that all such amounts shall be netted out to a single liquidated amount owed by one Party to the other. Such single FPCSC Termination Payment will be payable within five (5) Business Days by the Party owing such amount to the other.

Master Netting. “(a) In addition to the Termination Payment calculated under Section 5.2 and 5.3 of the Master Agreement, for purposes of this Confirmation Agreement due to an Event of Default, the Non-Defaulting Party shall calculate a “FPCSC Termination Payment” by aggregating all “Settlement Amounts” and/or “Termination Payments” (however calculated) due under this Confirmation Agreement and any other Fixed Price Customer Supply Contracts into a single amount by: netting out (a) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Defaulting Party, plus, at the option of the Non- Non-Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts against (b) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Non-Defaulting Party, plus any or all other amounts due to the Non- Non-Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts, so that all such amounts shall be netted out to a single liquidated amount owed by one Party party to the other. Such single FPCSC Termination Payment will be payable within five (5) Business Days by the Party owing such amount to the other.

Master Netting. “(a) In addition to the Termination Payment calculated under Section SectionSections 5.2 and 5.3 of the Master Agreement, for purposes of this Confirmation Agreement due to an Event of Default, the Non-Defaulting Party shall calculate a “FPCSC Termination Payment” by aggregating all “Settlement Amounts” and/or “Termination Payments” (however calculated) due under this Confirmation Agreement and any other Fixed Price Customer Supply Contracts into a single amount by: netting out (a) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Defaulting Party, plus, at the option of the Non- Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts against (b) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Non-Non- Defaulting Party, plus any or all other amounts due to the Non- Non-Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts, so that all such amounts shall be netted out to a single liquidated amount owed by one Party to the other. Such single FPCSC Termination Payment will be payable within five (5) Business Days by the Party owing such amount to the other.

Master Netting. “(a) In addition to the Termination Payment calculated under Section 5.2 and 5.3 of the Master Agreement, for purposes of this Confirmation Agreement due to an Event of Default, the Non-Defaulting Party shall calculate a “FPCSC Termination Payment” by aggregating all “Settlement Amounts” and/or “Termination Payments” (however calculated) due under this Confirmation Agreement and any other Fixed Price Customer Supply Contracts into a single amount by: netting out (a) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Defaulting Party, plus, at the option of the Non- Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts against (b) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Non-Defaulting Party, plus any or all other amounts due to the Non- Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts, so that all such amounts shall be netted out to a single liquidated amount owed by one Party partyParty to the other. Such single FPCSC Termination Payment will be payable within five (5) Business Days by the Party owing such amount to the other.

Master Netting. “(a) In addition to the Termination Payment calculated under Section 5.2 and 5.3 of the Master Agreement, for purposes of this Confirmation Agreement due to an Event of Default, the Non-Defaulting Party shall calculate a “FPCSC Termination Payment” by aggregating all “Settlement Amounts” and/or “Termination Payments” (however calculated) due under this Confirmation Agreement and any other Fixed Price Customer Supply Contracts into a single amount by: netting out (a) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Defaulting Party, plus, at the option of the Non- Defaulting Party, any cash or other form of security then available to the Non-Defaulting Party and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts against (b) all “Settlement Amounts” and/or “Termination Payments” that are due or will become due to the Non-Defaulting Party, plus any or all other amounts due to the Non- Defaulting Party under this Confirmation Agreement or any other Fixed Price Customer Supply Contracts, so that all such amounts shall be netted out to a single liquidated amount owed by one Party party to the other. Such single FPCSC Termination Payment will be payable within five (5) Business Days by the Party owing such amount to the other.