CONFIRMATION CONCLUSIVE. Confirmation of trades and any other notices sent to Customer shall be conclusive and binding on Customer unless Customer or Customer's agent notifies DWR to the contrary (a) in the case of an oral report, orally at the time received by Customer or its agent or (b) in the case of a written report or notice, in writing prior to opening of trading on the business day next following receipt of the report. In addition, if Customer has not received a written confirmation that a commodity interest transaction has been executed within three business days after Customer has placed an order with DWR to effect such transaction, and has been informed or believes that such order has been or should have been executed, then Customer immediately shall notify DWR thereof. Absent such notice, Customer conclusively shall be deemed estopped to object and to have waived any such objection to the failure to execute or cause to be executed such transaction. Anything in this Section 12 withstanding, neither Customer nor DWR shall be bound by any transaction or price reported in error.
Appears in 61 contracts
Samples: Customer Agreement (Witter Dean Spectrum Strategic Lp), Escrow Agreement (Morgan Stanley Dean Witter Charter Grahm Lp), Customer Agreement (Morgan Stanley Dean Witter Spectrum Currency Lp)
CONFIRMATION CONCLUSIVE. Confirmation of trades and any other notices sent to Customer shall be conclusive and binding on Customer unless Customer customer or Customer's agent notifies DWR Xxxx to the contrary (a) in the case of an oral report, orally at the time received by Customer or its agent agent; or (b) in the case of a written report or notice, in writing prior to opening of trading on the business day next following receipt of the report. In addition, if Customer has not received a written confirmation that a commodity interest transaction has been executed within three business days after Customer has placed an order with DWR Xxxx to effect such transaction, and has been informed or believes that such order has been or should have been executed, then Customer immediately shall notify DWR Xxxx thereof. Absent such notice, Customer conclusively shall be deemed estopped to object and to have waived any such objection to the failure to execute or cause to be executed such transaction. Anything in this Section 12 withstandingnotwithstanding, neither Customer nor DWR Xxxx shall be bound by any transaction or price reported in error.
Appears in 20 contracts
Samples: Customer Agreement (Morgan Stanley Dean Witter Charter Millburn Lp), Customer Agreement (Dean Witter Portfolio Strategy Fund Lp), Customer Agreement (Witter Dean Select Futures Fund Lp)
CONFIRMATION CONCLUSIVE. Confirmation of trades and any anx xxy other notices sent to Customer shall be conclusive and binding on Customer unless Customer customer or Customer's agent notifies DWR Carr to the contrary (a) in the case of an oral report, orally at the time received by Customer or its agent agent; or (b) in the case of a written report or notice, in writing prior to opening of trading on the business day next following receipt of the report. In addition, if Customer has not received a written confirmation that a commodity interest transaction has been executed within three business days after Customer has placed an order with DWR Carr to effect such transaction, and has been informed or believes believxx that such order has been or should have been executed, then Customer immediately shall notify DWR Carr thereof. Absent such notice, Customer conclusively shall shxxx be deemed estopped to object and to have waived any such objection to the failure to execute or cause to be executed such transaction. Anything in this Section 12 withstandingnotwithstanding, neither Customer nor DWR Carr shall be bound by any transaction or price reported in error.
Appears in 3 contracts
Samples: Customer Agreement (Witter Dean Cornerstone Fund Iii), Customer Agreement (Witter Dean Cornerstone Fund Ii), Customer Agreement (Witter Dean Cornerstone Fund Iv)
CONFIRMATION CONCLUSIVE. Confirmation of trades and any other notices sent to Customer shall be conclusive and binding on Customer unless Customer or Customer's agent notifies DWR to the contrary (a) in the case of an oral report, orally at the time received by Customer or its agent or (b) in the case of a written report or notice, in writing prior to opening of trading on the business day next following receipt of the report. In addition, if Customer has not received a written confirmation that a commodity interest transaction has been executed within three business days after Customer has placed an order with DWR to effect such transaction, and has been informed or believes that such order has been or should have been executed, then Customer immediately shall notify DWR thereof. Absent such notice, Customer conclusively shall be deemed estopped to object and to have waived any such objection to the failure to execute or cause to be executed such transaction. Anything in this Section 12 withstanding, neither Customer nor DWR shall be bound by any transaction or price reported in error.this
Appears in 2 contracts
Samples: Customer Agreement (Morgan Stanley Dean Witter Spectrum Currency Lp), Customer Agreement (Morgan Stanley Tangible Asset Fund L P)
CONFIRMATION CONCLUSIVE. Confirmation of trades txxxxs and any other notices sent to Customer shall be conclusive and binding on Customer unless Customer customer or Customer's agent notifies DWR Carr to the contrary (a) in the case of an oral report, orally at the time received by Customer or its agent agent; or (b) in the case of a written report or notice, in writing prior to opening of trading on the business day next following receipt of the report. In addition, if Customer has not received a written confirmation that a commodity interest transaction has been executed within three business days after Customer has placed an order with DWR Carr to effect such transaction, and has been informed or believes xxxieves that such order has been or should have been executed, then Customer immediately shall notify DWR Carr thereof. Absent such notice, Customer conclusively shall sxxxx be deemed estopped to object and to have waived any such objection to the failure to execute or cause to be executed such transaction. Anything in this Section 12 withstandingnotwithstanding, neither Customer nor DWR Carr shall be bound by any transaction or price reported in xx error.
Appears in 2 contracts
Samples: Customer Agreement (Witter Dean Spectrum Strategic Lp), Customer Agreement (DWFCM International Access Fund Lp)