Section
13.3.
Index Disclaimer. If “
Index Disclaimer” is specified as applicable in the related
Confirmation, then each party to a
Transaction entered into and subject to these Definitions agrees and acknowledges that such
Transaction is not sponsored, endorsed, sold, or promoted by the
Index or the
Index Sponsor and no
Index Sponsor makes any representation whatsoever, whether express or implied, either as to the results to be obtained from the use of the
Index and/or the levels at which the
Index stands at any particular time on any particular date or otherwise. No
Index or
Index Sponsor shall be liable (whether in negligence or otherwise) to any person for any error in the
Index and the
Index Sponsor is under no obligation to advise any person of any error therein. No
Index Sponsor is making any representation whatsoever, whether express or implied, as to the advisability of purchasing or assuming any risk in connection with entering into any
Transaction. Neither party to any
Transaction shall have any liability to the other party for any act or failure to act by the
Index Sponsor in connection with the calculation, adjustment or maintenance of the
Index. Except as disclosed prior to the
Trade Date, neither party nor its Affiliates has any affiliation with or control over the
Index or
Index Sponsor or any control over the computation, composition or dissemination of the Indices. Although the
Calculation Agent will obtain information concerning the Indices from publicly available sources it believes reliable, it will not independently verify this information. Accordingly, no representation, warranty or undertaking (express or implied) is made and no responsibility is accepted by either party, its Affiliates or the
Calculation Agent as to the accuracy, completeness and timeliness of information concerning the Indices.