EFTA01353685.pdf

10. Offices; Multibranch Parties an (a) If Section 10(a) is specified in the Schedule as applying, each party that enters into a Transaction through that, notwithstand ing the place Office other than its head or home office represents to and agrees with the other party terms of recourse against of booking or its jurisdiction of incorporation or organisation. its obligations are the same in head or home office, except that a party will not have recourse it as if it had entered into the Transaction through its party in respect of any payment or delivery deferred pursuant to Section 5(d) to the head or home office of the other or delivery is so deferred. This representatio n and agreement will be deemed to be for so long as the payment repeated by each party on each date on which the parties enter into a Transaction. below, (b) If a party is specified as a Multibranch Party in the Schedule, such party may, subject to clause (c) in and make and receive payments and deliveries with respect to enter into a Transaction through, book a Transaction listed in respect of that party in the Schedule (but not any other Office unless a Transaction through any Office otherwise agreed by the parties in writing). that party in the (c) The Office through which a party enters into a Transaction will be the Office specified for the parties in writing, and, if an Office for that party is not specified relevant Confirmation or as otherwise agreed by agreed by the parties in writing, its head or home office. Unless the parties in the Confirmation or otherwise writing, the Office through which a party enters into a Transaction will also be the Office in which otherwise agree in and deliveries with respect to it books the Transaction and the Office through which it makes and receives payments Office in which it books the Transaction or the Transaction. Subject to Section 6(b)(ii), neither patty may change the the prior the Office through which it makes and receives payments or deliveries with respect to a Transaction without written consent of the other party. 11. Expenses A Defaulting Party will on demand indemnify and hold harmless the other party for and against all reasonable out-of- reason of the pocket expenses, including legal fees, execution fees and Stamp Tax, incurred by such other party by of its rights under this Agreement or any Credit Support Document to which the enforcement and protection but not limited to, Defaulting Party is a party or by reason of the early termination of any Transaction, including, costs of collection. 12. Notices (a) Effectiveness. Any notice or other communication in respect of this Agreement may be given in any manner described below (except that a notice or other communication under Section 5 or 6 may not be given by electronic messaging system or email) to the address or number or in accordance with the electronic messaging system or email details provided (see the Schedule) and will be deemed effective as indicated:— Oil in writing and delivered in person or by courier, on the date it is delivered; (ii) if sent by telex, on the date the recipient's answerback is received; (iii) if sent by facsimile transmission, on the date it is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender's facsimile machine); (iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), on the date it is delivered or its delivery is attempted; (v) if sent by electronic messaging system, on the date it is received; or 19 LSDAD 2002 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0038159 CONFIDENTIAL SDNY_GM_00184343 EFTA01353685