1. The resolution authority may terminate some or all of the following contracts of the CCP under resolution:
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(a)
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the contracts with the clearing member in default;
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(b)
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the contracts of the affected clearing service or asset class;
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(c)
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the other contracts of the CCP under resolution.
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The resolution authority shall terminate the contracts referred to in point (a) of the first subparagraph of this paragraph only where the transfer of the assets and positions resulting from those contracts has not taken place within the meaning of Article 48(5) and (6) of Regulation (EU) No 648/2012.
When using the power under the first subparagraph, the resolution authority shall terminate contracts referred to under each of points (a), (b) and (c) of the first subparagraph in a similar way, without discriminating between counterparties to those contracts, with the exception of those contractual obligations that cannot be enforced in a reasonable timeframe.