EFTA01376703.pdf

4-.1 With respect to a cleared. swap: (a) DB hereby notifies Client that Client has the right to receive the daily mark for such clearedswap from the relevant derivatives clearing organization; and (b) Client agrees thattlient will obtain any daily mark in respect of any Mich cleared swap from either' the futhits commission inerchmit through which Client clears such swap or from the derivatives clearing organization on which such swap is cleared. 4.2 With respect to an uncleared swap: (a) Clicm agrees that, with respect to each uncleared swap between Client and DB, DB will providetlient.a daily mark, provided that such daily mark will only be provided oh New York business days and will be calculated by DB as of the cicise of business on the prior New York buSinest day; (b) Client agrees that, in respect of the daily mark for an 'uncleared swap (I) such daily mark may not necessarily be set at the price at which.DB would agree to.repiace or terminate the uncleared swap; unless othersidse agreed in writing by DB. and-Client, margin -calls in respect of the uncleared swap. may be based on considerations other than such daily mark; and such daily-mark may not necessarily be the value of the uncleared swap that is marked in Dfit's books;. (0) Client agrees that DR can deliver any daily mark for an uncleared swap pursuant to this Section 4.2 at the email address provided in the Swap Addendum Annex or by postingit on a website as provided in Section 93; and (d) Client agrees that, notwithstanding anything in this Section 4.2 to the contrary, DB shall 'be under no obligation to disclose any confidential or proprietary information about any model used in preparingthe daily mark for an uncleared swap. 5. SCENARiO-ANALYSIS. 5.1 DB hereby notifies Client that, for all sivapsitiat arc not "available for. trading" on a designated contract market or a swap execution facility, Client may request and consult on the design of a Scenario analysis to allow Client to assess its potential exposurein connection with such swap. 52 Client agrees that, in order to request a scenario analysis pursuant to Section 5.1, Client must Submit a written 'requcat to DB a reasonable. amount of time prior to execution of the swap and Client further agrees that the act of entering into a swap without having made such a written request to DB shall constitute.; waiver.of Clienestight to receive a scenario analysis in respect of such swap. 53 Client agrees that (A) unless Client has explicitly asked DB in the written leanest described in Section 5.2 -to consult wish Client in the design Of a requested scenario analysis, no such Consultation is required, and (8) if Client has asked to be consulted, the act or envy into-a swap described in a scenario analysis pr0duced after such 'a consultation shall constitute an acknowledgement by-Client that Client it satisfied with the results of that co.nsuliation. cissost PARTS —PAGE 6 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0073056 CONFIDENTIAL SDNY_GM_00219240 EFTA01376703