The validity, interpretation and enforcement of this warranty and end-user license are controlled and interpreted by the laws of the State of California, United States of America, as if they were fully executed in the state and without effect on the principles of conflict law law, and the California National and Federal Courts are competent for all claims arising from this agreement. The parties strongly oppose the UN Convention on International Goods Contracts. Notwithstanding the above, any party may apply for an injunction with any jurisdiction responsible for any alleged infringement of that party`s intellectual property or property rights. If part of this agreement is found to be nullified or unenforceable, the other provisions of the agreement will remain fully in force. Barring express provision, this agreement constitutes the entire agreement between the parties with respect to the license of software and documentation and replaces all the conflicting or additional conditions contained in an order or elsewhere excluding all conditions. This agreement was written in English and the parties agree that the English version governs. The margina approach that the parties are considering to apply will therefore depend in large part on the existing guarantee agreements they have entered into to recover independent amounts and to what extent these agreements are already envisaged that parties entering into a separate agreement, such as DCT 2018, will acquire a necessary initial margin. The EMIR regulation requires parties to a non-replaceable OTC derivative contract to ensure the timely, accurate and reasonably separate exchange of security between the parties of unsuitable OTC derivative contracts. Other specific initial margin specifications are defined in the EMIR margin rules, including collateral agreement requirements, security eligibility criteria, collateral concentration limits, calculation methods, segregation requirements and phase-in thresholds. THE IM CSD 2018 gives the secure party a number of rights and remedies following a Chargor failure, typical of English-language legal security agreements, including a right of appropriation (to the extent that DCT-DCT 2018 is a “financial guarantee security agreement” under the Collateral Financial Regulations (No.2) Regulations 2003) , a security power and a right to designate a recipient. In particular, paragraph 6 of IM CSD 2018 obliges each party, as a Chargor and as an insured party, to enter into a control agreement with the custodian that governs the depository`s instruction mechanisms, interest and dividend payments and voting rights. In paragraph 6, liability for the custodian`s acts and omissions is also attributed to the Chargor and provides that such acts or omissions are treated as acts or omissions of the Chargor for the purposes of failures under paragraph 7 of the 2018 DCT.
However, the parties may indicate certain acts or omissions of the custodian as a trustee statement, allowing the Chargor to identify a replacement administrator within a prescribed time frame or, if not, to terminate the associated ISDA master contract due to an additional termination event.