its
Commitment or funding or performing its obligations under any Finance Document.
14.2
INCREASED COST CLAIMS
(A)
A FINANCE PARTY INTENDING TO MAKE A CLAIM
PURSUANT TO CLAUSE 14.1 (INCREASED COSTS) SHALL NOTIFY THE COFACE AGENT OF THE
EVENT GIVING RISE TO THE CLAIM, FOLLOWING WHICH THE COFACE AGENT SHALL PROMPTLY
NOTIFY THE BORROWER.
(B)
EACH FINANCE PARTY SHALL, AS SOON AS
PRACTICABLE AFTER A DEMAND BY THE COFACE AGENT, PROVIDE A CERTIFICATE CONFIRMING
THE AMOUNT OF ITS INCREASED COSTS.
14.3
EXCEPTIONS
Clause 14.1 (Increased Costs) does not apply to the extent any Increased Cost
is:
(A)
ATTRIBUTABLE TO A TAX DEDUCTION REQUIRED BY
LAW TO BE MADE BY THE BORROWER;
(B)
COMPENSATED FOR BY CLAUSE 13.2 (TAX
INDEMNITY) (OR WOULD HAVE BEEN COMPENSATED FOR UNDER CLAUSE 13.2 (TAX INDEMNITY)
BUT WAS NOT SO COMPENSATED SOLELY BECAUSE ANY OF THE EXCLUSIONS IN
PARAGRAPH (B) OF CLAUSE 13.2 (TAX INDEMNITY) APPLIED);
(C)
COMPENSATED FOR BY THE PAYMENT OF THE
MANDATORY COST; OR
(D)
ATTRIBUTABLE TO THE WILFUL BREACH BY THE
RELEVANT FINANCE PARTY OR ITS AFFILIATES OF ANY LAW OR REGULATION.
15.
OTHER INDEMNITIES
15.1
CURRENCY INDEMNITY
(A)
IF ANY SUM DUE FROM AN OBLIGOR UNDER THE
FINANCE DOCUMENTS (A "SUM"), OR ANY ORDER, JUDGMENT OR AWARD GIVEN OR MADE IN
RELATION TO A SUM, HAS TO BE CONVERTED FROM THE CURRENCY (THE "FIRST CURRENCY")
IN WHICH THAT SUM IS PAYABLE INTO ANOTHER CURRENCY (THE "SECOND CURRENCY") FOR
THE PURPOSE OF:
(I)
MAKING OR FILING A CLAIM OR PROOF AGAINST
AN OBLIGOR;
(II)
OBTAINING OR ENFORCING AN ORDER, JUDGMENT
OR AWARD IN RELATION TO ANY LITIGATION OR ARBITRATION PROCEEDINGS,
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the Borrower shall as an independent obligation, within three (3) Business Days
of demand, indemnify each Finance Party to whom that Sum is due against any
cost, loss or liability arising out of or as a result of the conversion
including any discrepancy between:
(A)
THE RATE OF EXCHANGE USED TO CONVERT THAT SUM
FROM THE FIRST CURRENCY INTO THE SECOND CURRENCY; AND
(B)
THE RATE OR RATES OF EXCHANGE AVAILABLE TO
THAT PERSON AT THE TIME OF ITS RECEIPT OF THAT SUM.
(B)
THE BORROWER WAIVES ANY RIGHT IT MAY HAVE IN
ANY JURISDICTION TO PAY ANY AMOUNT UNDER THE FINANCE DOCUMENTS IN A CURRENCY OR
CURRENCY UNIT OTHER THAN THAT IN WHICH IT IS EXPRESSED TO BE PAYABLE.
15.2
OTHER INDEMNITIES
The Borrower shall, within five (5) Business Days of demand, indemnify each
Finance Party (and its Affiliates) against any cost, loss or liability incurred
by that Finance Party (or Affiliate) as a result of:
(A)
THE OCCURRENCE OF ANY EVENT OF DEFAULT;
(B)
A FAILURE BY THE BORROWER TO PAY ANY AMOUNT
DUE UNDER A FINANCE DOCUMENT ON ITS DUE DATE, INCLUDING WITHOUT LIMITATION, ANY
COST, LOSS OR LIABILITY ARISING AS A RESULT OF CLAUSE 30 (SHARING AMONG THE
FINANCE PARTIES);
(C)
FUNDING, OR MAKING ARRANGEMENTS TO FUND, ITS
PARTICIPATION IN A LOAN REQUESTED BY THE BORROWER IN A UTILISATION REQUEST BUT
NOT MADE BY REASON OF