FMCM/062993-00006/MGL/ISPA
14
L_LIVE_EMEA1:40720411v9
(C)
If at any time an Insolvency Event occurs or Insolvency Proceedings are initiated in
relation
to the Account Bank, the Issuer shall terminate
the appointment of the
Account Bank forthwith upon giving written notice (with a copy sent to the Trustee
and to the Cash Manager) and without regard to the provisions of (a) above. The
Issuer shall use commercially reasonable efforts to appoint a new Account Bank on
terms similar to this Agreement, including that new account mandates are in place
such that the Cash Manager is of the opinion that it
can continue to perform its
functions under the Cash Management Agreement.
(D)
On termination of the appointment of the Account Bank hereunder, the Account Bank
shall be entitled in accordance with the Priorities of Payment to receive all fees and
other moneys accrued up to the date of termination but shall not be entitled to any
other or further compensation.
(E)
The Account Bank will be responsible for any of its costs in relation to the termination
of the appointment of the Account Bank if such termination
is made pursuant to
Clause 11.2(B) or (C) or (only where the Account Bank is in breach of this Agreement
by it) as a result of its own gross negligence, wilful default or fraud. In all other cases,
the Issuer will be responsible for any costs in relation
to the termination of the
appointment of the Account Bank.
(F)
The Account Bank shall have no responsibility for any costs incurred by any other
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