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Version status: Applicable | Document consolidation status: No known changes
Version date: 3 January 2020 - onwards
Version 3 of 3

Article 4 Other conditions under which access is granted

1. A person with proprietary rights to a benchmark shall set the conditions for licensing agreements and make them available to CCPs and trading venues upon request free of charge. The conditions shall include the following:

(a) the scope of use and content of information for each use under the licensing agreements, clearly identifying in each case confidential information;

(b) the conditions for redistribution, if allowed, of information by CCPs and trading venues;

(c) the technical requirements for the delivery of the service;

(d) the fees and the conditions for paying them;

(e) the conditions under which the agreement expires taking into consideration the lifespan of financial instruments that reference the benchmark;

(f) the contingency circumstances and the relevant measures to regulate the continuation, transitional periods and interruption of the service during a contingency period, which:

(i) allow for termination in an orderly manner;

(ii) ensure that termination is not triggered by minor breaches of the contract and that the relevant party is given a reasonable amount of time to remedy any breach that does not give rise to immediate termination;

(g) the governing law and allocation of liabilities.