CCP. A is authorized to commission further vicarious agents, in particular with respect to the operation of the technical aspects in clearing.
CCP. A and its vicarious agents shall not be liable to Clearing Agents and other third parties (including Other Clients and their jointly appointed representative (if any) pursuant to section 46 para. 2 of the General Terms and Conditions of CCP.A) for any losses, damages, consequential damages or lost profits that may occur as a result of, or in connection with the clearing of transactions.
CCP. A commissions vicarious agents, who undertake the tasks of the Settlement Bank, the CSD or the Collateral Custodian (together referred to as ‘Clearing Facilities’) for making payment transactions and keeping the cash accounts and securities accounts according to the General Terms and Conditions of CCP.A.
CCP. A and its vicarious agents shall not be liable to Clearing Members or Clearing Clients for losses, lost profits or damages, unless these losses, lost profits or damages are the result of their intentional or gross negligent conduct. Liability for consequential damages shall be excluded in any case.
CCP. A and its vicarious agents shall not be liable for damages caused by a disruption of operations due to force majeure, riot, war and natural disasters or due to other events or incidents for which they are not responsible (e.g. strikes, lawful lock-outs, traffic disruptions) or restraints/acts of sovereigns.
CCP. A is commissioned with the task of a Clearing House for the clearing of all CCP-eligible exchange transactions concluded at Wiener Börse AG in its function as a securities exchange in securities transactions and in transactions concluded on the Third Market as a Multilateral Trading System (MTF) operated by Wiener Börse AG. The transactions shall take place exclusively between CCP.A as central counterparty and one Exchange Member respectively, which is a Clearing Member.
CCP. A is the contractual counterparty of the Clearing Member in the transactions concluded by the latter through the trading systems and carries out the clearing and risk management for the transactions.
CCP. A shall be permitted to terminate the Clearing Agreement with immediate effect without observing a notice period, if there is a material reason pursuant to section 20 of the General Terms and Conditions of CCP.
A. The termination by CCP.A shall be made in writing, with the reasons to be stated.
CCP. A shall also be authorized to have disputes or claims (which are outside of the scope of section 50 para. 4 BörseG) arising out of or in connection with this Clearing Agreement and the General Terms and Conditions of CCP.A as well as any contracts referring to them, including disputes relating to their validity, breach, termination or nullity, finally settled under the Rules of Arbitration of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or three arbitrators appointed in accordance with the said rules. The number of arbitrators shall be three.
CCP. The sub-recipient must register their Citizen Corps Council on the Citizen Corps website xxxx://xxx.xxxxxxxxxxxx.xxx and manage their program and information on the site. Citizen Corps Councils must include representatives of emergency management, homeland security, law enforcement, fire service, medical services/public health or their designee, elected officials, the private sector, private non-profits, non-governmental organizations and advocacy groups for special needs populations. In addition, representatives from existing Citizen Corps programs, such as Volunteers in Police Service (VIPS), Medical Reserve Corps (MRC), Community Emergency Response Team (CERT), Neighborhood Watch, and Fire Corps should be included on the Citizen Corps Council. Where applicable, a Metropolitan Medical Response System representative should also be included on the Citizen Corps Council. All allocations and use of funds under this grant must be in accordance with the FY 2009 HSGP Guidelines and Application Kit found at - xxxx://xxx.xxxx.xxx/government/grant/hsgp/index.shtm. All award Sub-recipients are required to have read, understood and accepted the FY 2009 HSGP Guidance and Application Kit as binding.
