Where a Party. (a) requires, as a condition for financial service suppliers of another Party to supply financial services on an equal basis with domestic financial service suppliers, membership or participation in, or access to, any self-regulatory body, securities or futures exchange or market, clearing agency, or any other organisation or association; or
(b) provides, directly or indirectly, such entities privileges or advantages in supplying financial services; such Party shall ensure that such entities accord national treatment to financial service suppliers of another Party resident in its territory.
Where a Party s monopoly supplier of a service competes, either directly or through an affiliated company, in the supply of a service outside the scope of its monopoly rights and which is subject to that Party's commitments, that Party shall ensure that such a supplier does not abuse its monopoly position to act in its territory in a manner inconsistent with such commitments.
Where a Party receives a request by any Data Subject to exercise any of their rights under the Data Protection Legislation in relation to the Personal Data provided to it by the other Party pursuant to the Contract (“Request Recipient”):
(a) the other Party shall provide any information and/or assistance as reasonably requested by the Request Recipient to help it respond to the request or correspondence, at the cost of the Request Recipient; or
(b) where the request or correspondence is directed to the other Party and/or relates to that other Party's processing of the Personal Data, the Request Recipient will:
(i) promptly, and in any event within five (5) Working Days of receipt of the request or correspondence, inform the other Party that it has received the same and shall forward such request or correspondence to the other Party; and
(ii) provide any information and/or assistance as reasonably requested by the other Party to help it respond to the request or correspondence in the timeframes specified by Data Protection Legislation.
Where a Party acquires ownership of intellectual property rights incorrectly under this Contract it must do everything reasonably necessary to complete a transfer assigning them in writing to the other Party on request and at its own cost.
Where a Party. (a) has served a witness statement or summary: and
(b) wishes to rely on the evidence of the witness who made the statement, that party must call the witness to give evidence unless the court orders otherwise or it puts the statement in as hearsay evidence.
Where a Party privately discloses to the Mediator any information in confidence before, during or after the Mediation, the Mediator will not disclose that information to any other Party or person without the consent of the Party disclosing it, unless required by law to make disclosure.
Where a Party is (or claims to be) affected by an event of Force Majeure, it must take all reasonable steps to mitigate the consequences of it, resume performance of its obligations under this Contract as soon as practicable and use its reasonable efforts to remedy its failure to perform its obligations under this Contract.
Where a Party has asserted that the expert’s decision contains a manifest error or the expert has acted in bad faith, and such assertion is not upheld in that Party’s favour by the relevant Court or authority, then the Party making the assertion will bear all the Court or other authority costs of both Parties.
Where a Party and any of its Recipients becomes aware of or is notified that it has received from the other Party any other information of a confidential nature which is not in relation to the Proposed Engagement (“Non-Related Confidential Information” for the purposes of this clause) shall notify the other Party and shall:
i. use the same degree of care in safeguarding such Non- Related Confidential Information as it reasonably uses for its own confidential information;
ii. return or destroy such Non-Related Confidential Information as requested by the other Party; and
iii. upon discovery of such inadvertent disclosure or use, endeavour to prevent any further inadvertent disclosure or use.
