Rule 13 — General

13.1 Amendment of the Clearing Rules

13.1.1

CDP reserves the right in its absolute discretion to amend these Clearing Rules and the Clearing Directives at any time. Such amendment shall become effective on such date as may be specified in the written notice to be given to the Clearing Member. The Clearing Member shall be deemed, by continuing to enter into Exchange Trades at the time the amendment takes effect, to consent to and agree to be bound by the Clearing Rules as amended.

13.1.2

The Clearing Member will be bound by any amendment to these Clearing Rules with respect to any transaction occurring at or subsequent to the time such amendment takes effect as fully as though such amendment were now a part of these Clearing Rules.

13.1A General Disclosure of Information by CDP

13.1A.1

CDP will take all reasonable measures to protect information provided to it by or on behalf of a Clearing Member or a Chief Executive Officer under these Clearing Rules from unauthorised use or disclosure.

Added on 17 July 2019 17 July 2019.

13.1A.2

Disclosure of information by CDP is authorised use or disclosure if it:

(1) is approved by the Authority and is to any governmental agency or regulatory authority (in or out of Singapore) that requests that CDP provide the information for the proper exercise of powers relating to:

(a) the governance of a Clearing Member or a Chief Executive Officer; or

(b) the clearing or settlement of trades (in or out of Singapore);

(2) is required under any law (in or out of Singapore) or any order of any court or regulatory authority (each in or out of Singapore);

(3) is publicly available at the time of disclosure to or by CDP;

(4) is in connection with the discharge of its regulatory obligations under the Securities and Futures Act or when compelled under applicable laws to do so or pursuant to any cross-border regulatory sharing arrangement subject to its obligation to maintain confidentiality under the Securities and Futures Act;

(5) is in relation to the enforcement of these Clearing Rules or adjudication of a matter;

(6) is to any of CDP's related corporations;

(7) is authorised by the Authority to be disclosed or furnished under the Securities and Futures Act;

(8) is specifically authorised under these Clearing Rules; or

(9) constitutes authorised use or disclosure of information at common law.

Added on 17 July 2019 17 July 2019.

13.2 Fees Payable

13.2.1

The Clearing Member will pay to CDP such fees and charges for the clearing and settlement of Exchange Trades based on CDP's fee schedules from time to time, and such fines and default interest as may be imposed by CDP from time to time.

13.2.2

The Clearing Member will pay to CDP such out-of-pocket expenses incurred by CDP caused directly or indirectly by such Clearing Member's actions or omissions including without limitation the cost of producing records pursuant to a court order or other legal process in any litigation or other legal proceeding to which such Clearing Member or its customer is a party or in which such records relating to the Clearing Member or its customer are so required to be produced; whether such production is required at the instance of the Clearing Member or its customer or at the instance of any other party.

13.3 Conclusive Evidence

13.3.1

Any certification, advice, statement or report provided by CDP shall, in the absence of manifest error, be final and conclusive. Except as otherwise agreed by CDP, the failure of any Clearing Member to inform CDP of any error or omission in any certification, advice, statement or report promptly (in any event within the next Settlement Day) shall constitute a waiver in favour of CDP by such Clearing Member of any right to require rectification.

13.4 Miscellaneous

13.4.1

The Clearing Rules may from time to time be altered or supplemented or repealed for the administration of CDP, for the admission and regulation of Clearing Members, for the creation and regulation of any class of membership and the rights and obligations attaching thereto, for the access to and regulation of business in CDP, for the resolution of disputes and for such other purpose as may be thought fit by CDP.

13.4.2

Failure or delay by CDP to enforce any of these Clearing Rules or the Clearing Directives will not be construed as a waiver of its rights.

13.4.3

CDP has the right at its absolute discretion to waive compliance with any provision of these Clearing Rules or the Clearing Directives.

13.4.4

The invalidity, illegality or unenforceability in whole or in part of any of the provisions of these Clearing Rules or the Clearing Directives shall not affect the validity, legality and enforceability of the remaining part or provisions of the rest of these Clearing Rules and the Clearing Directives.

13.4.5

These Clearing Rules and the Clearing Directives shall be governed by and construed in accordance with the laws of Singapore. Each of the Clearing Member and its Chief Executive Officer irrevocably submit to the exclusive jurisdiction of the Singapore courts.

Amended on 3 June 2019 3 June 2019.