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.

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.