Common use of Counterparty Identification; Transaction Documentation Clause in Contracts

Counterparty Identification; Transaction Documentation. You shall identify to us in writing those Counterparties with which you desire to do business using Online Systems. You understand and acknowledge that you will have the ability to interact only with a Counterparty through such specific aspects of Online Systems as may be agreed from time to time by us and the applicable Counterparty. You further acknowledge that you may not be able, for a variety of reasons, including the unwillingness of a Counterparty to enter into transactions generally with you, to enter into a transaction with any particular Counterparty or, if applicable, at any particular price, and you agree that neither we nor any of our Affiliates will have any liability in respect thereof. You understand and acknowledge that you may be required by any Counterparty to enter into one or more separate contractual agreements governing transactions between you and such Counterparty (the “Transaction Documentation”). If you and Counterparty have entered into any Master Agreement promulgated by the International Swaps and Derivatives Association (a “Master Agreement”) governing the Transaction, the Master Agreement shall govern the terms of any Transaction executed using Online Systems and each confirmation of a Transaction through Online Systems shall be deemed to be a confirmation for the purposes of the Master Agreement. You represent and warrant that you have consulted your own legal advisers as to the sufficiency of any and all Transaction Documentation. You will not be required to enter into any Transaction Documentation in order to continue to use Online Systems although any particular Counterparty may be unavailable if you fail or refuse to execute such Transaction Documentation.

Counterparty Identification; Transaction Documentation. You shall identify to us in writing those Counterparties with which you desire to do business using Finalto Online Systems. You understand and acknowledge that you will have the ability to interact only with a Counterparty through such specific aspects of Finalto Online Systems as may be agreed from time to time by us and the applicable Counterparty. You further acknowledge that you may not be able, for a variety of reasons, including the unwillingness of a Counterparty to enter into transactions generally with you, to enter into a transaction with any particular Counterparty or, if applicable, at any particular price, and you agree that neither we nor any of our Affiliates will have any liability in respect thereof. You understand and acknowledge that you may be required by any Counterparty to enter into one or more separate contractual agreements governing transactions between you and such Counterparty (the “Transaction Documentation”). If you and Counterparty have entered into any Master Agreement promulgated by the International Swaps and Derivatives Association (a “Master Agreement”) governing the Transaction, the Master Agreement shall govern the terms of any Transaction executed using Finalto Online Systems and each confirmation of a Transaction through Finalto Online Systems shall be deemed to be a confirmation for the purposes of the Master Agreement. You represent and warrant that you have consulted your own legal advisers as to the sufficiency of any and all Transaction Documentation. You will not be required to enter into any Transaction Documentation in order to continue to use Finalto Online Systems although any particular Counterparty may be unavailable if you fail or refuse to execute such Transaction Documentation.