View source for Template:IETA Master Agreement 5.3(d)

:{{ietaprov|5.3(d)}}	Where a breach of the {{ietaprov|No Encumbrances Obligation}} is caused by the {{ietaprov|Transfer}} of an {{ietaprov|Affected Allowance}}, the {{ietaprov|Delivering Party}} shall be liable for the {{ietaprov|Encumbrance Loss Amount}} if, at the date it first acquired, received or purchased such {{ietaprov|Affected Allowance}} it was not acting in good faith; otherwise, the {{ietaprov|Delivering Party}} shall only be liable for the {{ietaprov|Encumbrance Loss Amount}} if, and without prejudice to any other defences available to the {{ietaprov|Delivering Party}} (including, but not limited to, any defences of statutes of limitation or similar):<br>
::5.3(d)(i)	the Receiving Party, whether or not the holder of such {{ietaprov|Affected Allowance}}, who is subject to a claim of the {{ietaprov|Original Affected Party}}, has, in order to resist or avoid any {{ietaprov|Encumbrance Loss Amount}} from arising, used its best endeavours to defend such a claim in respect of that {{ietaprov|Affected Allowance}} (including, if available, by relying on Article 40 of the {{ietaprov|Registries Regulation}} or any equivalent legal principle under its applicable national law) and was unsuccessful (other than for reasons of its own lack of good faith); or <br>
::5.3(d)(ii)	the Receiving Party, whether or not the holder of such {{ietaprov|Affected Allowance}}, who acted in good faith in respect of its purchase of such {{ietaprov|Affected Allowance}} and who is subject to a claim of a third party (other than the {{ietaprov|Original Affected Party}}) in respect of that {{ietaprov|Affected Allowance}}, has used all reasonable endeavours to mitigate the {{ietaprov|Encumbrance Loss Amount}}.<br>