Best Practices for Energy Price Indices © Copyright 2003, CCRO. All rights reserved. 24 Exhibit D – Example of Disclaimer Language6 (1) Example of a disclaimer if the parties HAVE entered into the DSUCA or similar agreement: "The information submitted pursuant to your request reflects trades executed with certain third parties. While the Company believes the information to be accurate and that the data collection, verification, and submission process as described in the Data Submission, Usage, and Confidentiality Agreement were followed, it does not guarantee, warrant, or make any representations as to the accuracy or completeness of the data or the degree to which this information reflects market prices or activity in general. The Company expressly disclaims any liability that might arise from any use of, publication of, or reliance on this information. The information is being provided pursuant to that Agreement between you and the Company and shall not be disclosed to any third parties except in an aggregated manner with information and date submitted from other sources." (2) Example of a disclaimer if the parties HAVE NOT entered into the DSUCA or similar agreement: "The information submitted pursuant to your request reflects trades executed with certain third parties. While the Company believes the information to be accurate, it does not guarantee, warrant, or make any representations as to the accuracy or completeness of the data or the degree to which this information reflects market prices or activity in general. The Company expressly disclaims any liability that might arise from any use of, publication of, or reliance on this information. The information being provided may not be disclosed to any third parties except in an aggregated manner with information and date submitted from other sources." 6 This sample disclaimer language is intended to be for illustrative purposes only and is not intended by the CCRO to be relied upon by data providers, index developers, index users or any other person or entity. Data providers, index developers and index users should consult with their own legal counsel with respect to all contractual arrangements and legal issues with respect to the gathering and submission of data and the publication and use of indices.