Common use of Article 9—“Miscellaneous” Clause in Contracts

Article 9—“Miscellaneous”. Section 9.3 is amended by (a) inserting in the third line after the word “service” the following: “, electronic means”; (b) by inserting in the third line after the word “by” the following: “electronic means,”; and (c) by inserting the following at the end of the sentence in the third line: “; provided, however, that any non- routine notices (e.g., notices of default) shall be delivered by a means other than an electronic means.” Section 9.5(a) is amended by deleting the third sentence in its entirety and replacing with the following: “Any fully executed Product Order or any collateral, credit support or margin agreement or similar arrangement between the Parties will, upon designation by the Parties, be deemed part hereof and incorporated herein by reference, with any collateral, credit support or margin agreement, as may be modified by this Cover Sheet, controlling in the event of a contradiction with this Agreement, and with any fully executed Product Order controlling in the event of a contradiction with this Agreement or with any collateral, credit support or margin agreement, as may be modified by this Cover Sheet”.