APPENDIX [ D ] to [ Contract / Agreement] (f) at the request of the data exporter to submit its data-processing facilities for audit of the processing  activities covered by the Clauses which shall be carried out by the data exporter or an inspection body  composed of independent members and in possession of the required professional qualifications bound  by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the  supervisory authority;  (g) to make available to the data subject upon request a copy of the Clauses, or any existing contract  for sub-processing, unless the Clauses or contract contain commercial information, in which case it may  remove such commercial information, with the exception of Appendix 2 which shall be replaced by a  summary description of the security measures in those cases where the data subject is unable to obtain  a copy from the data exporter;  (h) that, in the event of sub-processing, it has previously informed the data exporter and obtained its  prior written consent;  (i) that the processing services by the sub-processor will be carried out in accordance with Clause 11;  (j) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data  exporter.  1. The parties agree that any data subject, who has suffered damage as a result of any breach of the  obligations referred to in Clause 3 or in Clause 11 by any party or sub-processor is entitled to receive  compensation from the data exporter for the damage suffered.  2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against  the data exporter, arising out of a breach by the data importer or his sub-processor of any of their  obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared  or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may  issue a claim against the data importer as if it were the data exporter, unless any successor entity has  assumed the entire legal obligations of the data exporter by contract of by operation of law, in which  case the data subject can enforce its rights against such entity.  The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its  own liabilities.  3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to  in paragraphs 1 and 2, arising out of a breach by the sub-processor of any of their obligations referred  to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually  disappeared or ceased to exist in law or have become insolvent, the sub-processor agrees that the data  subject may issue a claim against the data sub-processor with regard to its own processing operations  under the Clauses as if it were the data exporter or the data importer, unless any successor entity has  assumed the entire legal obligations of the data exporter or data importer by contract or by operation of  law, in which case the data subject can enforce its rights against such entity. The liability of the sub- processor shall be limited to its own processing operations under the Clauses.  1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or  claims compensation for damages under the Clauses, the data importer will accept the decision of the  data subject:  (a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory  authority;  (b) to refer the dispute to the courts in the Member State in which the data exporter is established.  2. The parties agree that the choice made by the data subject will not prejudice its substantive or  procedural rights to seek remedies in accordance with other provisions of national or international law.  Version 1.2: COMMISSION DECISION 2010/87/EU of 5 February 2010 on standard contractual clauses for the transfer of  personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the  Council, as amended. Clause 7 - Mediation and jurisdiction  Clause 6 - Liability 