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EFTA01450050

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If an obligation is unascertained, X may in good faith estimate that obligation and set off in respect of the estimate. subject to the relevant party accounting to the other when the obligation is ascertained. Nothing in this Section 6(1) will be effective to create a charge or other security interest. This Section OD will be without prejudice and in addition to any right of set-off, offset, combination of accounts, lien, right of retention or withholding or similar right or requirement to which any party is at any time otherwise entitled or subject (whether by operation of law, contract or otherwise). 7. Transfer Subject to Section 6(b)(ii) and to the extent permitted by applicable law, neither this Agreement nor any interest or obligation in or under this Agreement may be transferred (whether by way of security or otherwise) by either party without the prior written consent of the other party. except that:— (a) a party may make such a transfer of this Agreement pursuant to a consolidation or amalgamation with, or merger with or into, or transfer of all or substantially all its assets to. another entity (but without prejudice to any other right or remedy under this Agreement): and (b) a party may make such a transfer of all or any past of its interest in any Early Termination Amount payable to it by a Defaulting Party. together with any amounts payable on or with respect to that interest and any other rights associated with that interest pursuant to Sections 8. 9(h) and 11. Any purported transfer that is not in compliance with this Section 7 will be void. 8. Contractual Currency (a) Payment in the Contractual Current•. Each payment under this Agreement will be made in the relevant currency specified in this Agreement for that payment (the "Contractual Currency"). To the extent permitted by applicable law, any obligation to make payments under this Agreement in the Contractual Currency will not be discharged or satisfied by any tender in any

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