Common use of The Contracting Party undertakes Clause in Contracts

The Contracting Party undertakes. a) to comply with the Rules and the Technical Rules and to keep himself/herself updated with any amendments thereto. It shall be understood that, where the Contracting Party does not intend to accept any amendments and additions to the Rules and Technical Rules, he/she may withdraw herefrom, giving notice according to the procedures and to the address specified in Article 9, paras. 9.6 and 9.7 below. At any rate, the withdrawal shall have effect only after the Contracting Party has carried out transactions of opposite sign in order to close his/her contractual positions existing in the Forward Gas Market upon submission of the notice of withdrawal and, anyway, only after the Contracting Party has met his/her obligations in connection with his/her participation in the Market. Fifteen days after the legal publication of such amendments and additions, if the Contracting Party has not given notice of his/her intent to withdraw herefrom, such amendments and additions shall be assumed to have been tacitly accepted. Without prejudice to the transactions carried out to give effect to the withdrawal, any transaction carried out in the Market before the end of the above period shall be understood as tacit acceptance of the new terms and conditions. In no case may such amendments constitute a valid reason for the Contracting Party to default on obligations acquired in the Market; b) to adopt technological systems that are suitable for the trading activity and compatible with the System, as well as to update them as a result of any modification as GME may make to the same System; c) to adopt technological systems suitable for issuing invoices for the transactions made in the Market, compatible with the System and ensuring a correct, timely and secure exchange of the data and information transmitted electronically, under the procedures and within the time limits specified in the Rules and the Technical Rules; d) to employ personnel with adequate professional skills and competence in the use of the technological systems referred to in subparas. b) and c) above e) to join the service of settlement of payments and the guarantee systems referred to in Title V of the Rules; f) to notify GME timely and, where possible, in good time for GME to make any necessary corrective actions for the purpose of ensuring the proper operation of the Market, of any problem or operational malfunction of a technical nature or any other event which has resulted or might result in the failure to provide or incorrect provision of the Services. In particular, the Contracting Party shall notify GME with the maximum speed and according to the procedures specified in Article 9, paras. 9.6 and 9.7 below, of the occurrence of any event potentially dangerous for the integrity and security of the System (including but not limited to the theft of confidential documents regarding access to the System or unauthorised access to the Contracting Party’s premises where such documents are kept); g) to co-operate with GME or with the third parties designated by GME, also permitting access by their employees or assistants to the Contracting Party’s premises for carrying out any operations on the Contracting Party’s hardware and software as may be necessary to ensure the proper functioning of the Market. It shall be understood that, pursuant to article 2049 of the Italian Civil Code, GME shall be liable for any damages caused upon such operations; h) to respect GME’s rights of ownership on the data transmitted through the System and on the trademarks registered or used by GME, as well as GME’s or third-party suppliers’ rights of ownership on the software programmes used for the provision of the Services; i) to maintain confidentiality and privacy as regards the devices referred to in Article 4, para. 4.1 below and use or permit their use by specifically designated parties solely for access to and trading in the Market. The Contracting Party shall thus be liable for any unauthorised access to the Market by third parties and hold GME harmless against any damage or danger to the integrity or security of the System that may result from the negligence of the Contracting Party or of his/her personnel in the safekeeping of such devices; j) to timely ask GME to disable the devices referred to in subpara. i) above and to assign new or different devices in all cases where the Contracting Party has reason to believe that unauthorised parties may make an improper use thereof; k) to hold GME harmless against any damage or cost as GME may incur, also as a result of actions of third parties, caused by the actions or conduct of the Contracting Party, as well as of his/her personnel members, assistants or consultants, if any, in violation of this Agreement, of the Rules and of the Technical Rules and of any other legislative provisions or regulations, or instruments and provisions issued by GME or competent authorities.

The Contracting Party undertakes. a) to comply with the Rules Regulations and the Technical Rules and to keep himself/herself herself/itself updated with any amendments thereto. It shall be is understood that, where the Contracting Party does not intend to accept any amendments and additions to the Rules and Regulations or to the Technical Rules, he/she she/it may withdraw herefrom, giving notice according to the procedures and to the address specified in Article 9, paras. 9.6 and 9.7 below. At any rate, the withdrawal shall have effect only after the Contracting Party has carried out transactions of opposite sign in order to close his/her contractual positions existing in the Forward Gas Market upon submission of the notice of withdrawal and, anyway, only after the Contracting Party has met his/her obligations in connection with his/her participation in the Market. Fifteen days after the legal publication of such amendments and additionsamendments, if the Contracting Party has not given notice of his/her her/its intent to withdraw herefrom, such amendments and additions shall be assumed to have been tacitly accepted. Without prejudice to the transactions carried out to give effect to the withdrawal, any Any further transaction carried out in on the Market PB-GAS before the end of the above period shall be understood as tacit acceptance of the new terms and conditions. In no case may such amendments constitute a valid reason for the Contracting Party to default on obligations acquired in on the MarketPB- GAS; b) to adopt technological systems that are suitable for the trading activity and compatible with the System, as well as to update them as a result of any modification as GME may make to the same System; c) to adopt technological systems suitable for issuing invoices for the transactions made in the Market, compatible with the System and ensuring a correct, timely and secure exchange of the data and information transmitted electronically, under the procedures and within the time limits specified in the Rules and the Technical Rules; d) to employ personnel with adequate professional skills and competence in the use of the technological systems referred to in subparassubpara. b) and c) above e) to join the service of settlement of payments and the guarantee systems referred to in Title V of the Rules; fd) to notify GME timely and, where possible, in good time for GME to make any necessary corrective actions for the purpose purposes of ensuring guaranteeing the proper operation of the MarketPB-GAS, of any problem or operational malfunction of a technical nature or any other event which has resulted or might result in the into failure to provide or incorrect provision of the Services. In particular, the Contracting Party shall notify GME with the maximum speed and according to the procedures specified in Article 9, paras. 9.6 and 9.7 below, of the occurrence of any event actually or potentially dangerous for the integrity and security of the System (including but not limited to the theft of confidential documents regarding access to the System or unauthorised access to the Contracting Party’s premises where such documents are kept); ge) to co-operate with GME or with the third parties designated by GME, also permitting access by of their employees or assistants to the Contracting Party’s premises for carrying out any operations on the Contracting Party’s hardware and software as may be necessary to ensure the proper functioning of the MarketPB-GAS. It shall be is understood that, pursuant to article Article 2049 of the Italian Civil Code, GME shall be liable for any damages damage caused upon such operations; hf) to respect GME’s rights of ownership on the data transmitted through the System and on the trademarks registered or used by GME, as well as GME’s or third-party suppliers’ rights of ownership on the software programmes used for the provision of the Services; ig) to maintain confidentiality and privacy as regards the devices referred to in Article 4, para. 4.1 below and use or permit their use by specifically designated parties solely for access to and trading in on the MarketPB-GAS. The Contracting Party shall thus be liable for any unauthorised access to the Market PB-GAS by third parties and hold GME harmless against any damage or danger to the integrity or security of the System that may result from the negligence of the Contracting Party or of his/her her/its personnel in the safekeeping of such devices;. jh) to timely ask GME to disable the devices referred to in subpara. ig) above and to assign new or different devices in all cases where the Contracting Party has reason to believe that unauthorised parties may make an improper use thereof; ki) to hold GME harmless against any damage or cost as GME may incur, also as a result of actions of third parties, caused by the actions or conduct of the Contracting Party, as well as of his/her her/its personnel members, assistants or and consultants, if any, in violation of this Agreement, of the Rules Regulations and of the Technical Rules and of any other legislative provisions or regulations, or instruments and provisions issued by GME or competent authorities.

The Contracting Party undertakes. a) to comply with the Rules Regulations and the Technical Rules and to keep himself/herself updated with any amendments thereto. It shall be is understood that, where the Contracting Party does not intend to accept any amendments and additions to the Rules and Regulations or to the Technical Rules, he/she may withdraw herefrom, giving notice according to the procedures and to the address specified in Article 9, paras. 9.6 and 9.7 below. At any rate, the withdrawal shall have effect only after the Contracting Party has carried out transactions of opposite sign in order to close his/her contractual positions existing in the Forward Gas Market upon submission of the notice of withdrawal and, anyway, only after the Contracting Party has met his/her obligations in connection with his/her participation in the Market. Fifteen days after the legal publication of such amendments and additionsamendments, if the Contracting Party has not given notice of his/her intent to withdraw herefrom, such amendments and additions shall be assumed to have been tacitly accepted. Without prejudice to the transactions carried out to give effect to the withdrawal, any Any further transaction carried out in on the Market PB-GAS before the end of the above period shall be understood as tacit acceptance of the new terms and conditions. In no case may such amendments constitute a valid reason for the Contracting Party to default on obligations acquired in on the MarketPB-GAS; b) to adopt technological systems that are suitable for the trading activity and compatible with the System, as well as to update them as a result of any modification as GME may make to the same System; c) to adopt technological systems suitable for issuing invoices for the transactions made in the Market, compatible with the System and ensuring a correct, timely and secure exchange of the data and information transmitted electronically, under the procedures and within the time limits specified in the Rules and the Technical Rules; d) to employ personnel staff with adequate professional skills and competence in the use of the technological systems referred to in subparassubpara. b) and c) above e) to join the service of settlement of payments and the guarantee systems referred to in Title V of the Rules; fd) to notify GME timely and, where possible, in good time for GME to make any necessary corrective actions for the purpose purposes of ensuring guaranteeing the proper operation of the MarketPB-GAS, of any problem or operational malfunction of a technical nature or any other event which has resulted or might result in the into failure to provide or incorrect provision of the Services. In particular, the Contracting Party shall notify GME with the maximum speed and according to the procedures specified in Article 9, paras. 9.6 and 9.7 below, of the occurrence of any event actually or potentially dangerous for the integrity and security of the System (including but not limited to the theft of confidential documents regarding access to the System or unauthorised access to the Contracting Party’s premises where such documents are kept); ge) to co-operate with GME or with the third parties designated by GME, also permitting access by of their employees or assistants to the Contracting Party’s premises for carrying out any operations on the Contracting Party’s hardware and software as may be necessary to ensure the proper functioning of the MarketPB-GAS. It shall be is understood that, pursuant to article Article 2049 of the Italian Civil Code, GME shall be liable for any damages damage caused upon such operations; hf) to respect GME’s rights of ownership on the data transmitted through the System and on the trademarks registered or used by GME, as well as GME’s or third-party suppliers’ rights of ownership on the software programmes used for the provision of the Services; ig) to maintain confidentiality and privacy as regards the devices referred to in Article 4, para. 4.1 below and use or permit their use by specifically designated parties solely for access to and trading in on the MarketPB-GAS. The Contracting Party shall thus be liable for any unauthorised access to the Market PB-GAS by third parties and hold GME harmless against any damage or danger to the integrity or security of the System that may result from the negligence of the Contracting Party or of his/her personnel staff in the safekeeping of such devices;. jh) to timely ask GME to disable the devices referred to in subpara. ig) above and to assign new or different devices in all cases where the Contracting Party has reason to believe that unauthorised parties may make an improper use thereof; ki) to hold GME harmless against any damage or cost as GME may incur, also as a result of actions of third parties, caused by the actions or conduct of the Contracting Party, as well as of his/her personnel staff members, assistants or and consultants, if any, in violation of this Agreement, of the Rules Regulations and of the Technical Rules and of any other legislative provisions or regulations, or instruments and provisions issued by GME or competent authorities. 2.3 a) the Contracting Party shall authorise GME – under Article 34, para. 34.2 of the Regulations – to transmit to Snam Rete Gas the data concerning the gas volumes corresponding to the bids/offers accepted on the PB-GAS; a) if the Contracting Party has submitted predefined demand bids or supply offers into the PB-GAS under Article 27 of the Regulations, he/she shall authorise GME to assign such predefined offers/bids to him/her for a volume equal to the one required to reach the value referred to in Article 31, para. 31.3 a) and Article 31, para. 31.4 a) of the Regulations, respectively, and at a price equal to the one specified in the related predefined bid/offer; b) the Contracting Party shall hold GME harmless against any damage or cost as GME may incur as a result of the assignment of predefined bids/offers under subpara. b) above, including delays in the assignment of the same bids/offers.

The Contracting Party undertakes. a) to comply with the Rules and the Technical Rules and to keep himself/herself updated with any amendments thereto. It shall be understood that, where the Contracting Party does not intend to accept any amendments and additions to the Rules and Technical Rules, he/she it may withdraw herefrom, giving notice according to the procedures and to the address specified in Article 9, paras. 9.6 and 9.7 below. At any rate, the withdrawal shall have effect only after the Contracting Party has carried out transactions of opposite sign in order to close his/her contractual positions existing in the Forward Gas Market upon submission of the notice of withdrawal and, anyway, only after the Contracting Party has met his/her obligations in connection with his/her participation in the Market. Fifteen days after the legal publication of such amendments and additions, if the Contracting Party has not given notice of his/her intent to withdraw herefrom, such amendments and additions shall be assumed to have been tacitly accepted. Without prejudice to the transactions carried out to give effect to the withdrawal, any transaction carried out in the Market before the end of the above period shall be understood as tacit acceptance of the new terms and conditions. In no case may such amendments constitute a valid reason for the Contracting Party to default on obligations acquired in the Market; b) to adopt technological systems that are suitable for the trading activity and compatible with the System, as well as to update them as a result of any modification as GME may make to the same System; c) to adopt technological systems suitable for issuing invoices for the transactions made in the Market, compatible with the System and ensuring a correct, timely and secure exchange of the data and information transmitted electronically, under the procedures and within the time limits specified in the Rules and the Technical Rules; d) to employ personnel with adequate professional skills and competence in the use of the technological systems referred to in subparas. b) and c) above e) to join the service of settlement of payments and the guarantee systems referred to in Title V of the Rules; f) to notify GME timely and, where possible, in good time for GME to make any necessary corrective actions for the purpose of ensuring the proper operation of the Market, of any problem or operational malfunction of a technical nature or any other event which has resulted or might result in the failure to provide or incorrect provision of the Services. In particular, the Contracting Party shall notify GME with the maximum speed and according to the procedures specified in Article 9, paras. 9.6 and 9.7 below, of the occurrence of any event potentially dangerous for the integrity and security of the System (including but not limited to the theft of confidential documents regarding access to the System or unauthorised access to the Contracting Party’s premises where such documents are kept); g) to co-operate with GME or with the third parties designated by GME, also permitting access by their employees or assistants to the Contracting Party’s premises for carrying out any operations on the Contracting Party’s hardware and software as may be necessary to ensure the proper functioning of the Market. It shall be understood that, pursuant to article 2049 of the Italian Civil Code, GME shall be liable for any damages caused upon such operations; h) to respect GME’s rights of ownership on the data transmitted through the System and on the trademarks registered or used by GME, as well as GME’s or third-party suppliers’ rights of ownership on the software programmes used for the provision of the Services; i) to maintain confidentiality and privacy as regards the devices referred to in Article 4, para. 4.1 below and use or permit their use by specifically designated parties solely for access to and trading in the Market. The Contracting Party shall thus be liable for any unauthorised access to the Market by third parties and hold GME harmless against any damage or danger to the integrity or security of the System that may result from the negligence of the Contracting Party or of his/her personnel in the safekeeping of such devices; j) to timely ask GME to disable the devices referred to in subpara. i) above and to assign new or different devices in all cases where the Contracting Party has reason to believe that unauthorised parties may make an improper use thereof; k) to hold GME harmless against any damage or cost as GME may incur, also as a result of actions of third parties, caused by the actions or conduct of the Contracting Party, as well as of his/her personnel members, assistants or consultants, if any, in violation of this Agreement, of the Rules and of the Technical Rules and of any other legislative provisions or regulations, or instruments and provisions issued by GME or competent authorities.