EFTA01368420.pdf

(a) the identity of each non-US trade repository not registered with the CFTC to which Client has reported such International Swap, and (1) the swap identifier used by such non-US trade repository to identify the International Swap. 11.3 Client agrees that, upon the occurrence of any Life Cycle Event relating to a corporate event with respect to Client or any of Client's affiliates in respect of a swap entered into with DB covered by this Addendum, Client will, as soon as practicable, but in no event later than the close of business on the first New York business day following the day on which such Life Cycle Event occurs, notify DB of the occurrence of such Life Cycle Event and provide in such notice sufficient detail regarding such Life Cycle Event to allow DB to comply with any regulatory reporting requirements imposed on it. 11.4 Client agrees that, if Client becomes aware of an error or omission in any of the swap transaction or reporting data in respect of a swap entered into with DB, Client shall promptly notify DB of the error and any applicable correction(s). 12. END-USER EXCEPTION FOR ELIGIBLE NON-FINANCIAL ENTITIES. 12.1 On each date on which Client elects to use the End-User Exception with respect to a particular swap entered into pursuant to this Addendum, Client represents to DB that: (a) Client is either not a Financial Entity or is excluded from the definition of Financial Entity; (b) such swap is being used for purposes of Hedging or Mitigating Commercial Risk; and (c) Either: (A) Client has submitted an End-User Filing to the CFTC no more than 365 days prior to entering into such swap, the information provided in such End-User Filing has been amended as necessary to reflect any material changes thereto, and such End-User Filing covers the particular swap for which such exemption is being claimed; or (B) Client has duly completed the End-User Exception Self-Certification set out in Part 6 of this Protocol and submitted it to DB and the information contained in such End-User Exception Self-Certification is true, accurate and complete in all material respects. 12.2 Client agrees that, in order to elect to use the End-User Exception in Section 12.1 in respect of a swap, Client must submit a written notice to DB prior to execution of such swap (which notice may be provided as a standing notice that states it is applicable to all swaps thereafter until Client notifies DB to the contrary generally or with respect to a particular swap). Client further agrees that the act of entering into a swap without having submitted such a written notice to DB shall constitute a waiver of Client's right to elect the End-User Exception in respect of such swap. 9395998 PART B - PAGE 9 6395998 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0060153 CONFIDENTIAL SDNY_GM_00206337 EFTA01368420