Common use of EMIR Clause in Contracts

EMIR. 73.1 Notwithstanding anything in these Terms and Conditions or any non-disclosure, confidentiality, or other agreement between the Company and the Client, the Company and the Client each hereby consents to the disclosure of information to the extent required or permitted by, or made in accordance with, the provisions of EMIR and any applicable supporting law, rule, or regulation ("EMIR and Supporting Regulation"), which mandate reporting and/or retuning ("Reporting Requirements"). 73.2 Both the Client and the Company acknowledge that, under EMIR and its supporting regulations, authorities need transaction data reporting to promote market transparency and enable regulators to monitor systemic risk and ensure that safeguards are applied internationally. 73.3 The Client and the Company each acknowledge that disclosures made pursuant to this agreement may include, without limitation, the disclosure of trade and trader information, as well as the Client's identity (by name, address, corporate affiliation, identifier, or otherwise) to any trade repository registered in accordance with Article 55 of EMIR or recognised in accordance with Article 77 of EMIR, or one or more systems or services operated by any such trade repository. The Client (in the case of the Company) or the Company (in the case of the Client) may use a Third Party Service Provider to transfer trade information into a TR for the purpose of complying with regulatory reporting obligations, and that a TR may engage the services of a global trade repository regulated by one or more governmental regulators. The Client and the Company also acknowledge that disclosures made pursuant to this Agreement may be made to recipients in jurisdictions other than the disclosing Party's home jurisdiction, or jurisdictions that may not provide an equivalent or adequate level of personal data protection as the counterparty's home jurisdiction. For the avoidance of doubt, if applicable non-disclosure, confidentiality, bank secrecy, data privacy, or other law imposes non-disclosure requirements on transaction and similar information required or permitted to be disclosed as contemplated herein but allows the Client or the Company to waive such requirements by consent, the consent and acknowledgements provided.

EMIR. 73.1 Notwithstanding anything to the contrary in these Terms and Conditions or in any non-disclosure, confidentiality, confidentiality or other agreement between the Company and the Client, both the Company and the Client each hereby consents consent to the disclosure of information to the extent required or permitted byunder, or made in accordance with, the provisions of EMIR and any applicable supporting law, rule, rule or regulation ("EMIR and Supporting Regulation"), ) which mandate reporting and/or retuning retention of transaction and similar information or to the extent required or permitted under, or made in accordance with, any order or directive in relation to (and including) EMIR and Supporting Regulation regarding reporting and/or retention of transaction and similar information issued by any authority or body or agency in accordance with which the other Party is required or accustomed to act ("Reporting Requirements"). 73.2 Both the . The Client and the Company acknowledge that, under both and each acknowledges that pursuant to EMIR and its supporting regulationsSupporting Regulation, authorities need transaction regulators require reporting of trade data reporting in order to promote increase market transparency and enable regulators to monitor systemic risk and ensure risk, ensuring that safeguards are applied internationally. 73.3 safeguarding is globally implemented. The Client and the Company both and each acknowledge further acknowledges that disclosures made pursuant to this agreement hereto may include, without limitation, the disclosure of trade and trader information, as well as trader’s information including the Client's ’s identity (by name, address, corporate affiliation, identifier, identifier or otherwise) to any trade repository registered in accordance compliance with Article 55 of EMIR or recognised recognized in accordance with Article 77 of EMIR, EMIR or one or more systems or services operated by any such trade repositoryrepository (hereinafter the "TR") and any relevant regulators (including without limitation, the European Securities and Markets Authority and any national regulator in the European Union) under EMIR and Supporting Regulation and that such disclosures could result in certain anonymous transaction and pricing data becoming available to the public. The Company and the Client further acknowledge that, for purposes of complying with regulatory reporting obligations, the Client (in the case of the Company) or the Company (in the case of the Client) may use a Third Third-Party Service Provider to transfer trade information into a TR for the purpose of complying with regulatory reporting obligations, and that a TR may engage the services of a global trade repository regulated by one or more governmental national regulators. The Client and the Company each and both also acknowledge that disclosures made pursuant to this Agreement hereto may be made to recipients in jurisdictions a jurisdiction other than that of the disclosing Party's home jurisdiction, Party or jurisdictions a jurisdiction that may not necessarily provide an equivalent or adequate level of protection for personal data protection as the counterparty's ’s home jurisdiction. For the avoidance of doubt, if : to the extent that applicable non-disclosure, confidentiality, bank secrecy, data privacy, privacy or other law imposes non-disclosure requirements on transaction and similar information required or permitted to be disclosed as contemplated herein but allows permits the Client or the Company to waive such requirements by consent, the consent and acknowledgements providedprovided herein shall be a consent by each Party for purposes of such law. any agreement between the Parties to maintain confidentiality of information contained in these Terms and Conditions or in any non-disclosure, confidentiality or other agreement shall continue to apply to the extent that such agreement is not inconsistent with the disclosure of information in connection with the Reporting Requirements as set out herein; and nothing contained herein is intended to limit the scope of any other consent to any disclosure separately given by the Client to the Company or by the Company to the Client.

EMIR. 73.1 Notwithstanding anything in these Terms and Conditions or any non-disclosure, confidentiality, or other agreement between the Company and the Client, the Company and the Client each hereby consents Each party acknowledges that pursuant to the disclosure of information to the extent required or permitted by, or made in accordance with, the provisions of EMIR and any applicable supporting law, rule, or regulation ("EMIR and Supporting Regulation"), which mandate regulators require reporting and/or retuning ("Reporting Requirements"). 73.2 Both the Client and the Company acknowledge that, under EMIR and its supporting regulations, authorities need transaction of trade data reporting to promote increase market transparency and enable regulators to monitor systemic risk and to ensure that safeguards are applied internationally. 73.3 The Client and the Company each acknowledge implemented globally. Each party further acknowledges that disclosures made pursuant to this agreement hereto may include, without limitation, the disclosure of trade and trader information, as well as the Clientinformation including a party's identity (by name, address, corporate affiliation, identifier, identifier or otherwise) to any trade repository registered in accordance with Article 55 of EMIR or recognised recognized in accordance with Article 77 of EMIR, EMIR or one or more systems or services operated by any such trade repository. The Client repository ("TR") and any relevant regulators (including without limitation, the European Securities and Markets Authority and national regulators in the case European Union) under EMIR and Supporting Regulation and that such disclosures could result in certain anonymous transaction and pricing data becoming available to the public. Each party further acknowledges that, for purposes of the Company) or the Company (in the case of the Client) complying with regulatory reporting obligations, a party may use a Third Party Service Provider third-party service provider to transfer trade information into a TR for the purpose of complying with regulatory reporting obligations, and that a TR may engage the services of a global trade repository regulated by one or more governmental regulators. The Client and the Company Each party also acknowledge acknowledges that disclosures made pursuant to this Agreement hereto may be made to recipients in jurisdictions a jurisdiction other than that of the disclosing Party's home jurisdiction, party or jurisdictions a jurisdiction that may not necessarily provide an equivalent or adequate level of protection for personal data protection as the counterparty's ’s home jurisdiction. For the avoidance of doubt, if (i) to the extent that applicable non-disclosurenondisclosure, confidentiality, bank secrecy, data privacy, privacy or other law imposes non-disclosure requirements on transaction and similar information required or permitted to be disclosed as contemplated herein but allows the Client or the Company permits a party to waive such requirements by consent, the consent and acknowledgements providedprovided herein shall be a consent by each party for purposes of such law; (ii) any agreement between the parties to maintain confidentiality of information contained in this Agreement or in any non-disclosure, confidentiality or other agreement shall continue to apply to the extent that such agreement is not inconsistent with the disclosure of information in connection with the Reporting Requirements as set out herein; and (iii) nothing herein is intended to limit the scope of any other consent to disclosure separately given by each party to the other party. The consenting party represents and warrants that any third party to whom it owes a duty of confidence in respect of the information disclosed has consented to the disclosure of that information.