Electralink Data Transfer Handbook

DATED Date

[ Company ]

and

ElectraLink Limited

Local User Agreement

THIS LOCAL USER AGREEMENTis made on the day day of Month Year

BETWEEN

(1)ELECTRALINK LIMITED a company incorporated in England and Wales (registered no. 3271981), whose registered office is at Ground Floor, Grafton House, 2-3 Golden Square, LONDON W1F 9HR, (the "Service Controller"); and

(2)[ Company ], a company incorporated under the laws of England and Wales (registered number [ number ] ) and having its registered office at [ address ](the "New Party").

WHEREAS:

(A)The Service Controller and the New Party are Parties to the Data Transfer Service Agreement ("DTSA").

(B)This Local User Agreement is entered into pursuant to the terms of the DTSA and shall be read as being governed by them.

THE SERVICE CONTROLLER AND THE NEW PARTY AGREE AS FOLLOWS:

1.DEFINITIONS, INTERPRETATION AND CONSTRUCTION

Unless the context otherwise requires, terms and expressions defined in the Data Transfer Services Agreement (“DTSA”) have the same meaning, interpretations or constructions in this Local User Agreement.

2.gateway

2.1The Gateway as selected, from time to time, by the New Party to be supplied by the Service Controller and the Gateway Accommodation to be provided by the New Party for that Gateway or Gateways are more particularly described in Appendix A.

3.charging

The New Party shall pay the Charges from the date on which the Gateway has passed the User Pre-Connection Acceptance Test.

4.variations

4.1Save as otherwise provided in this Clause 4, the terms of this Agreement shall be subject to the Change Procedures set out in the DTSA.

4.2The New Party may migrate from its current Gateway to another Gateway Option, or to request additional Gateways with the agreement of the Service Controller. The Service Controller and the New Party shall agree any change to the Charges paid pursuant to Clause 4 of this Agreement as a result of such change to the Gateway.

4.3Except as provided in the foregoing provisions of this Clause 4 of this Agreement, no amendment to this Local User Agreement shall be effective unless in writing signed by both the Service Controller and the New Party.

5.term

5.1This Local User Agreement shall continue until the New Party ceases to be a Party to the DTSA.

5.2Termination shall not affect Clause 4 of this Agreement or any rights or obligations of either which may have accrued to the date of termination.

5.3 The minimum connection period for a Remote User Gateway option will be 1 Quarter from the date of successful completion of User Pre-connection Acceptance Tests.

6.restrictive trade practices act

To the extent that any provision of this Agreement or of any arrangement of which it forms part constitutes a restriction or information provision within the meaning of the Restrictive Trade Practices Act 1976 (the "RTPA") so as to render this Agreement or that arrangement (as the case may be) registrable under the RTPA, no such restriction or information provision shall take effect until the earlier of:

6.1.1the day after particulars of this Agreement or that arrangement have been furnished to the Director General of Fair Trading in accordance with the RTPA; or

6.1.2the day after the Secretary of State for Trade and Industry has granted an exemption pursuant to Section 100 of the Act in respect of this Agreement or that arrangement.

7.dtsa

The provisions of the DTSA shall apply to the Local User Agreement as if set out in full herein.

8.Contracts (Rights of Third Parties) Act 1999.

No term of this agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.

AS WITNESS the hands of the duly authorised representatives of the New Party and the Service Controller hereto the day and year first above written

Gateway Option chosen

Please tick as appropriate:

Remote User Gateway

Low Volume Gateway

High Volume Gateway

Gateway identifier (to be completed by the
Service Controller following receipt of application)______

Sharing User[1]

Market participantidentifier, MPID, to be shared
(to be completed by the New Party)______

New Party

Signed______

Printed______

Dated______

Notice details

Address:Address

Facsimile number:Fax

Attention:Name

New Parties choosing the Gateway Option of Sharing User

In accordance with Clause 4.4.3 of the DTSA, a New Party who is to become a Sharing User must receive:

(i)the written consent of another User to use its Gateway, and

(ii)written authorisation from the Service Controller

to become a Sharing User using that Gateway.

User enabling the New Party to share their Gateway

I hereby provide consent for the New Party to use Gateway ______(please enter Gateway ID).

Signed______

Printed______

Position______

Dated______

Service Controller[2]

(for and on behalf of each of the Parties to the Data Transfer Service Agreement)

Signed______

Printed______

Dated______

Page 1 of 530 April2013

[1] If electing to be a “Sharing User” please ensure the section entitled “New Parties choosing the Gateway option of Sharing User”

[2]Including, in the case of New Parties choosing the Gateway Option of Shared User, written authorisation from the Service Controller to become a Sharing User using the Gateway detailed above.