CREST. 6.1 The Client acknowledges and agrees that Computershare has been admitted as a CREST Registrar and that accordingly it is obliged to comply with the CREST Requirements and that the CREST Service and the CREST Requirements may be changed from time to time by CRESTCo. 6.2 The Client agrees that, if at any time there is any conflict between the CREST Requirements to which Computershare is subject and the provisions of this Agreement, the CREST Requirements shall prevail. Computershare agrees to notify the Client immediately in writing if at any time it becomes aware of any such conflict. 6.3 Computershare shall be entitled, by serving prior written notice on the Client to change this Agreement (including the description of the Services provided by Computershare) if it reasonably determines that any such change is reasonably necessary or desirable to reflect any change to the CREST Service or CREST Requirements or any law. 6.4 Computershare agrees that, in connection with its operation as a CREST Registrar, it will use the services of a network provider accredited by CRESTCo in order for it to be able to send and receive dematerialised instructions to and from the CREST Service. The Client acknowledges and agrees that Computershare shall be entitled without further enquiry to execute or otherwise act upon instructions or information or purported instructions or information received through the network provided by the network provider notwithstanding that it may afterwards be discovered that any such instruction or information or purported instruction or information:- 6.4.1 was not genuine or was not correct; 6.4.2 was not sent with the authority of any person on whose behalf it was expressed to have been sent; 6.4.3 was not initiated by the relevant person entitled to give it; or 6.4.4 was in any other way not given in compliance with the requirements of the CREST Service; and the Client acknowledges and agrees that Computershare will not be required to take any further steps to verify the validity of any dematerialised instruction received by it through the network facilities provided by the network provider and shall not be responsible to the Client for any Loss suffered or incurred by the Client as a result of any act or omission or failure of any kind on the part of the network provider used by Computershare. 6.5 Computershare shall not incur any liability to the Client for any Loss suffered or incurred by the Client as a result of the operation, failure, interruption or suspension of or changes to all or any part of the CREST Service by CRESTCo or as a result of any timetable changes in connection with the provision of the CREST Service by CRESTCo. Computershare shall further not be liable to the Client for any Loss suffered or incurred by the Client as a result of any acts or omissions of Computershare which Computershare reasonably considers are required in order for it to comply with the CREST Requirements.
Appears in 2 contracts
Sources: Cdi Nominee Services Agreement (Groupe Eurotunnel SA), Cdi Nominee Services Agreement (Groupe Eurotunnel SA)
CREST. 6.1 7.1 The Client acknowledges and agrees that Computershare has been admitted as a CREST Registrar and that accordingly it is obliged to comply with the CREST Requirements and that the CREST Service and the CREST Requirements may be changed from time to time by CRESTCo.
6.2 7.2 The Client agrees that, if at any time there is any conflict between the CREST Requirements to which Computershare is subject and the provisions of this Agreement, the CREST Requirements shall prevail. Computershare agrees to notify the Client immediately in writing if at any time it becomes aware of any such conflict.
6.3 7.3 Computershare shall be entitled, by serving prior written notice on the Client Client, to change this Agreement (including the description of the Services provided by Computershare) if it reasonably determines that any such change is reasonably necessary or desirable to reflect any change to the CREST Service or CREST Requirements or any law.
6.4 7.4 Computershare agrees that, in connection with its operation as a CREST Registrar, it will use the services of a network provider accredited by CRESTCo in order for it to be able to send and receive dematerialised instructions to and from the CREST Service. The Client acknowledges and agrees that Computershare shall be entitled without further enquiry to execute or otherwise act upon instructions or information or purported instructions or information received through the network provided by the network provider notwithstanding that it may afterwards be discovered that any such instruction or information or purported instruction or information:-information:
6.4.1 7.4.1 was not genuine or was not correct;
6.4.2 7.4.2 was not sent with the authority of any person on whose behalf it was expressed to have been sent;
6.4.3 7.4.3 was not initiated by the relevant person entitled to give it; or
6.4.4 7.4.4 was in any other way not given in compliance with the requirements of the CREST Service; and the Client acknowledges and agrees that Computershare will not be required to take any further steps to verify the validity of any dematerialised instruction received by it through the network facilities provided by the network provider and shall not be responsible to the Client for any Loss suffered or incurred by the Client as a result of any act or omission or failure of any kind on the part of the network provider used by Computershare.
6.5 7.5 Computershare shall not incur any liability to the Client for any Loss suffered or incurred by the Client as a result of the operation, failure, interruption or suspension of or changes to all or any part of the CREST Service by CRESTCo or as a result of any timetable changes in connection with the provision of the CREST Service by CRESTCo. Computershare shall further not be liable to the Client for any Loss suffered or incurred by the Client as a result of any acts or omissions of Computershare which that Computershare reasonably considers are required in order for it to comply with the CREST Requirements.
Appears in 1 contract
Sources: Agreement for the Provision of Depositary Services and Custody Services (Samsonite Corp/Fl)