TRANSPARENCY AND COMMUNICATION OF INFORMATION BETWEEN PARTIES. 6.1 Each Party shall provide timely and appropriate support, assistance and resources to the other in response to specific requests relating to the Services. In this context, each of them shall promptly report and confirm in writing to the other any actual, perceived or anticipated problems or developments which have had or may have an adverse effect on the provision of any obligation of the Agreement. In this context, it is understood by both Parties that they shall use their best efforts to answer the requests of the other Parties and to communicate any necessary information in due time. It is understood between the Parties that they will cooperate in relation to the subject matter of this Agreement, by making available relevant information to the other Party or otherwise, with any Competent Public Authority having responsibility for any matter arising out of, or connected with, the Regulatory Requirements of any Member or Market Operator, or clearing house / central counterparty in relation to any such matter, and with the other Parties (who shall in turn have the right to share such information with any Competent Public Authority with jurisdiction over them, provided that such action does not place the disclosing Party in breach of any obligation of confidentiality of which the other Parties are made aware). 6.2 A Party must consider the effect of any [ *** ] on the ability of all Parties to perform their obligations under the Agreement. All Parties should give notice to the other Parties of [ *** ]. CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE COMMISSION WITH RESPECT TO PORTIONS HEREOF DENOTED WITH [ *** ] Page 15 6.3 If any of the Parties becomes aware of any problem in relation to any Transaction, any obvious unusual information received by the other Party which could reflect a technical problem, or any problems linked to the clearing or settlement process of any Transaction, an extraordinary or emergencies situation in the market (such as high volume, high volatility situations) or any other circumstances which are likely to give rise to such a problem, it shall immediately notify the other Party and the Parties will try to find a solution pursuant to the provisions of the Service Level Annex. 6.4 Where a Default of a Member is declared, LCH.Clearnet SA, and the relevant Euronext Market Undertaking shall give (i) notice as soon as practicably possible to the other Parties, (ii) collaborate in order to implement, pursuant to the provisions of the default procedures, on the most appropriate approach, and, if needed, in accordance with the default procedures which form part of the Clearing Rules or the Exchange Rules (as applicable), (iii) cooperate generally, and in particular, if relevant, as to the porting of the positions to a new Clearing Member so as to minimise any adverse impact upon any of the Trading Members, LCH.Clearnet SA and the Euronext Market Undertakings. 6.5 LCH.Clearnet SA and the Euronext Market Undertakings shall consult upon the implementation of [ *** ].
Appears in 1 contract
Sources: Clearing Agreement (NYSE Euronext)
TRANSPARENCY AND COMMUNICATION OF INFORMATION BETWEEN PARTIES. 6.1 14.1 Each Party shall provide timely and appropriate support, assistance and resources to the other in response to specific requests relating to the Services. In this context, each of them shall promptly report and confirm in writing to the other any actual, perceived or anticipated problems or developments which have had or may have an adverse effect on the provision of any obligation of the this Agreement. In this context, it is understood by both Parties LCH and the Euronext Market Undertakings that they shall use their best efforts to answer the requests of the other Parties and to communicate any necessary information in due time. It is understood between the Parties that they will cooperate in relation to the subject matter of this Agreement, by making available relevant information to the other Party or otherwise, with any Competent Public Authority having responsibility for any matter arising out of, or CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WIH THE COMMISSION WITH RESPECT TO PORTIONS HEREOF DENOTED WITH [***] Page 44 connected with, the Regulatory Requirements of any Member or Market Operator, or clearing house / central counterparty Central Counterparty in relation to any such matter, and with the other Parties (who shall in turn have the right to share such information with any Competent Public Authority with jurisdiction over them, provided that such action does not place the disclosing Party in breach of any obligation of confidentiality of which the other Parties are made aware).
6.2 14.2 A Party must consider the effect of any [ [*** *] on the ability of all Parties to perform their obligations under the this Agreement. All Parties should give notice to the other Parties of [ [*** *]. CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE COMMISSION WITH RESPECT TO PORTIONS HEREOF DENOTED WITH [ *** ] Page 15.
6.3 14.3 If any of the Parties becomes aware of any problem in relation to any Transaction, any obvious unusual information received by the other Party which could reflect a technical problem, or any problems linked to the clearing or settlement process of any Transaction, an extraordinary or emergencies situation in the market (such as high volume, high volatility situations) or any other circumstances which are likely to give rise to such a problem, it shall immediately notify the other Party and the Parties will try to find a solution pursuant to the provisions of the Derivatives Service Level Annex.
6.4 14.4 Where a Default of a Member is declared, LCH.Clearnet SA, and the relevant Euronext Market Undertaking shall give (i) notice as soon as practicably possible to the other Parties, (ii) collaborate in order to implement, pursuant to the provisions of the default procedures, on the most appropriate approach, and, if needed, in accordance with the default procedures which form part of the Clearing Rules or the Exchange Rules (as applicable), (iii) cooperate generally, and in particular, if relevant, as to the porting of the positions to a new Clearing Member so as to minimise any adverse impact upon any of the Trading Members, LCH.Clearnet SA and the Euronext Market Undertakings.
6.5 LCH.Clearnet SA and 14.5 Provided that one of the Euronext Market Undertakings Parties becomes aware of any information relating to a dispute on any Cleared Financial Instrument that is or could be material to the other Party, it shall consult upon promptly notify the implementation of [ *** ]other Party, providing full particulars in question.
Appears in 1 contract
Sources: Clearing Agreement (NYSE Euronext)