Common use of Representations and Warranties of the Reporting Participant Clause in Contracts

Representations and Warranties of the Reporting Participant. Each Reporting Participant hereby represents and warrants on a continuing basis to ECC that: • the default values as specified in the Agreement are accurate, true, complete and compliant with regulatory requirements, • it regularly checks the reporting made on its behalf by ECC for correctness • it promptly informs ECC of any changes to the default values, confirmations and declarations, which have been given to ECC in the Agreement or any other means of communication. This shall also apply in case of a potential insolvency of the Reporting Participant. • it waived off any confidentiality obligations of ECC in relation to the reported data to the extent required for the provision of the Services by ECC. • the Services will not infringe on any other confidentiality or other obligations or rights of third parties • it has full capacity, capability and all authorizations, consents and approvals of all competent authorities necessary to enter into and perform its obligations under this Agreement. • there are no actions, suits or proceedings or regulatory investigations pending or, to the Reporting Participant knowledge, threatened against or affecting the Reporting Participant before any court or administrative body or arbitration tribunal that might affect the ability of the Reporting Participant to meet and carry out its obligations under this Agreement.

Representations and Warranties of the Reporting Participant. Each Reporting Participant hereby represents and warrants on a continuing basis to ECC that: •  the default values as specified in the Agreement are accurate, true, complete and compliant with regulatory requirements, •  it regularly checks the reporting made on its behalf by ECC for correctness •  it promptly informs ECC of any changes to the default values, confirmations and declarations, which have been given to ECC in the Agreement or any other means of communication. This shall also apply in case of a potential insolvency of the Reporting Participant. •  it waived off any confidentiality obligations of ECC in relation to the reported data to the extent required for the provision of the Services by ECC. •  the Services will not infringe on any other confidentiality or other obligations or rights of third parties •  it has full capacity, capability and all authorizations, consents and approvals of all competent authorities necessary to enter into and perform its obligations under this Agreement. •  there are no actions, suits or proceedings or regulatory investigations pending or, to the Reporting Participant knowledge, threatened against or affecting the Reporting Participant before any court or administrative body or arbitration tribunal that might affect the ability of the Reporting Participant to meet and carry out its obligations under this Agreement.  according to EMIR Art. 9 (1) no report duplications are caused by the Reporting Participant in respect to the ECC delegated submission of reports.

Representations and Warranties of the Reporting Participant. Each Reporting Participant hereby represents and warrants on a continuing basis to ECC EEX that: •  the default values as specified in the Agreement are accurate, true, complete and compliant with regulatory requirements, • ;  it regularly checks the reporting reports made on its behalf by ECC EEX for correctness • correctness;  it promptly informs ECC EEX of any changes to the default values, confirmations and declarations, which have been given to ECC EEX in the Agreement or any other means of communication. This shall also apply in case of a potential insolvency of the Reporting Participant. • ;  it waived off any confidentiality obligations of EEX, POWERNEXT and ECC AG, as the case may be, in relation to the reported data to the extent required for the provision of the Services by ECC. • EEX;  the Services will not infringe on any other confidentiality or other obligations or rights of third parties • parties;  it has full capacity, capability and all authorizations, consents and approvals of all competent authorities necessary to enter into and perform its obligations under this Agreement. • ;  there are no actions, suits or proceedings or regulatory investigations pending or, to the Reporting Participant Participant’s knowledge, threatened against or affecting the Reporting Participant before any court or administrative body or arbitration tribunal that might affect the ability of the Reporting Participant to meet and carry out its obligations under this Agreement.

Representations and Warranties of the Reporting Participant. Each Reporting Participant hereby represents and warrants on a continuing basis to ECC EEX that: • the default values as specified in the Agreement are accurate, true, complete and compliant with regulatory requirements, • it regularly checks the reporting reports made on its behalf by ECC EEX for correctness • it promptly informs ECC EEX of any changes to the default values, confirmations and declarations, which have been given to ECC EEX in the Agreement or any other means of communication. This shall also apply in case of a potential insolvency of the Reporting Participant. • it waived off any confidentiality obligations of EEX, POWERNEXT and ECC AG, as the case may be, in relation to the reported data to the extent required for the provision of the Services by ECCEEX. • the Services will not infringe on any other confidentiality or other obligations or rights of third parties • it has full capacity, capability and all authorizations, consents and approvals of all competent authorities necessary to enter into and perform its obligations under this Agreement. • there are no actions, suits or proceedings or regulatory investigations pending or, to the Reporting Participant knowledge, threatened against or affecting the Reporting Participant before any court or administrative body or arbitration tribunal that might affect the ability of the Reporting Participant to meet and carry out its obligations under this Agreement.