LCH. Clearnet SA will keep that Market Data securely and properly protected against theft, damage, loss and unauthorised access;
LCH. Clearnet SA shall not use or share any Aggregated Data with third parties other than a Third Party Data Aggregator (whether for fees or otherwise), save with the written prior consent or at the written proposal of at least 50% of Clearing Members by reference to the volume of Open Positions held in the Clearing Members’ House Margin Accounts.
LCH. Clearnet SA shall be permitted to amend Schedule 3 to this Agreement from time to time following consultation with the Risk Committee.
LCH. Clearnet SA at its head office at 00, xxx xx Xxxxxx Xxxxxxxxx, 00000 Xxxxx, Xxxxxx.
LCH. Clearnet SA irrevocably appoints LCH.Clearnet Group Limited at Xxxxxxx Xxxxx, 00 Xxxxxxx Xxxx Xxxxxx, Xxxxxx XX0X 0XX as its agent under the CDS Clearing Documentation (including this Agreement) for service of process in any ancillary proceedings before the English courts in connection with any arbitration proceedings pursuant to the CDS Dispute Resolution Protocol.
LCH. Clearnet SA and the CDS Clearing Member each represent to the other that, as at the date of this Agreement, and at all times prior to the termination of this Agreement:
LCH. Clearnet SA may index or adjust the fees published on the Website from time to time at its discretion. LCH.Clearnet SA shall give the CDS FCM Clearing Member no less than thirty (30) calendar days’ prior notice of any such change.
LCH. Clearnet SA acknowledges that the CDS FCM Clearing Member shall not be obliged to provide Market Data which it is restricted from disclosing by law or regulation or as a result of agreements with third parties which predate the date of this Agreement. In the absence of any notification at the date of this Agreement by the CDS FCM Clearing Member, LCH.Clearnet SA shall be entitled to assume no such third party agreements exist.
LCH. Clearnet SA will treat the CDS FCM Clearing Member’s Market Data as strictly confidential and shall not display, disclose, distribute, identify or otherwise make it available to any person other than to:
LCH. Clearnet SA may only use the Market Data to aggregate it, or permit a Third Party Data Aggregator to aggregate it, with the Market Data received from all other Clearing Members for the purpose of creating the End of Day Contributed Prices for the CDS Clearing Service and LCH.Clearnet SA will not use the Market Data received from the CDS Clearing Member for any other purpose.
