each party represents and warrants to the other that it is a financial institution for purposes of the us federal deposit insurance corporation improvement act of 1991 ( hereinafter referred to as fdicia )  and the parties agree that this agreement shall be a netting contract  as defined in fdicia  and that each receipt or payment obligation under the agreement shall be a covered contractual payment entitlement or covered contractual payment obligation respectively  as defined in and subject to fdicia 