Common use of Client Acknowledgment Clause in Contracts

Client Acknowledgment. The Client acknowledges and agrees that: (a) the Client remains solely responsible and liable for (i) submission of all data subject to the Reporting Obligation which is not included in the Relevant Data; and (ii) compliance with the Client’s Reporting Obligation generally; (b) any submission by the Reporting Delegate of Relevant Data under this Agreement is made with a view to facilitating the Client’s reporting of data pursuant to the Reporting Obligation and is independent of any Reporting Obligation that the Reporting Delegate or any Reporting Delegate Affiliate may or may not be subject to; (c) where the Reporting Delegate is not itself subject to the Reporting Obligation, any submission by the Reporting Delegate of Relevant Data is solely for the purpose of fulfilling the Reporting Delegate's obligations under this Agreement; (d) the Reporting Delegate and each other HSBC Affiliate will not be required to provide any services or otherwise perform under this Agreement to the extent any failure by it to provide services or otherwise perform is due to a breach of this Agreement by, or other act or omission of, the Client, any Relevant Trade Repository or any Third Party Service Provider; (e) without prejudice to any other agreement the Client may have with any Relevant Trade Repository or any Third Party Service Provider, the Client will not have recourse under or in relation to this Agreement against any Relevant Trade Repository or any Third Party Service Provider in respect of any Relevant Data submitted under this Agreement or any other activities contemplated by this Agreement; and (f) the Reporting Obligation and, accordingly, the service the Reporting Delegate provides under this Agreement, remain at all times subject to change as a result of further regulatory developments and guidance.

Client Acknowledgment. The Client acknowledges and agrees that: (a) the Client remains solely responsible and liable for (i) submission of all data subject to the Reporting Obligation which is not included in the Relevant Data; and (ii) compliance with the Client’s Reporting Obligation generally; (b) any submission by the Reporting Delegate of Relevant Data under this Agreement is made with a view to facilitating the Client’s reporting of data pursuant to the Reporting Obligation and is independent of any Reporting Obligation that the Reporting Delegate or any Reporting Delegate Affiliate may or may not be subject to; (c) where the Reporting Delegate is not itself subject to the Reporting Obligation, any submission by the Reporting Delegate of Relevant Data is solely for the purpose of fulfilling the Reporting Delegate's its obligations under this Agreement; (d) the Reporting Delegate and each other HSBC Affiliate will not be required to provide any services or otherwise perform under this Agreement to the extent any failure by it to provide services or otherwise perform is due to a breach of this Agreement by, or other act or omission of, the Client, any Relevant Trade Repository or any Third Party Service Provider; (e) without prejudice to any other agreement the Client may have with any Relevant Trade Repository or any Third Party Service Provider, the Client will not have recourse under or in relation to this Agreement against any Relevant Trade Repository or any Third Party Service Provider in respect of any Relevant Data submitted under this Agreement or any other activities contemplated by this Agreement; and (f) the Reporting Obligation and, accordingly, the service the Reporting Delegate provides under this Agreement, remain at all times subject to change as a result of further regulatory developments and guidance.