Common use of DEEMED TIME OF RECEIPT AND TRANSMISSION Clause in Contracts

DEEMED TIME OF RECEIPT AND TRANSMISSION. 3.1 The provisions of this Clause are applicable in case ORS has been used in the provision of the Electronic Trading Service. 3.2 It is agree that: (A) a request, order, instruction, inquiry, message or information (collectively “Communication”) sent via the ORS shall be deemed to have been sent by the party sending the Communication (the “Sender”) at the time the Communication is accepted by an information system outside the control of the Sender; (B) a Communication sent by ORS Provider via the ORS shall be deemed to have been received by a party (“the Recipient”) at the time the Communication is accepted by the Recipient's information system; and (C) a Communication sent by the Broker of the Client or any third party (the “Sending Party”) via the ORS to ORS Provider shall be deemed to have been received by ORS Provider when ORS Provider send a message back to the Sending Party expressly acknowledging receipt, processing or acceptance of the Sending Party's Communication. 3.3 Notwithstanding anything contained herein, the Broker shall not be deemed to have received the Client's instruction or executed its instruction unless and until the Client is in receipt of the Broker's message acknowledging receipt or confirming execution of the Client's instructions (including without limitation by posting the status of the Instructions in order journals on the website which is operated by the Broker and is freely accessible by the Client). The Broker is also entitled to correct any error in such acknowledgement or confirmation without incurring any liability in connection therewith.

DEEMED TIME OF RECEIPT AND TRANSMISSION. 3.1 The provisions of this Clause are applicable in case ORS has been used in the provision of the Electronic Trading Service. 3.2 4.1 It is agree hereby expressly acknowledged and agreed that: (A) 4.1.1 a request, order, instruction, inquiryenquiry, message or information (collectively collectively, the “Communication”) sent via the ORS shall be deemed to have been sent by the party hereto sending the Communication (the “Sender”) at the time the Communication is accepted by an information system outside the control of the Sender; (B) 4.1.2 a Communication sent by ORS Provider via the ORS shall be deemed to have been received by a party (the “the Recipient”) at the time the Communication is accepted by the Recipient's ’s information system; and (C) 4.1.3 a Communication sent by the Broker of or the Client or any third party (the “Sending Party”) via the ORS to ORS Provider shall be deemed to have been received by ORS Provider when ORS Provider send sends a message back to the Sending Party expressly acknowledging receipt, processing or acceptance of the Sending Party's ’s Communication. 3.3 4.2 Notwithstanding anything contained hereinherein to the contrary, the Broker shall not be deemed to have received the Client's instruction ’s Instructions or executed its instruction the Client’s Instructions unless and until the Client is in receipt of the Broker's ’s message acknowledging receipt or confirming execution of the Client's ’s instructions (including including, but without limitation limitation, by posting the status of the Instructions in order journals on the website which is operated by the Broker and is freely accessible by the Client). The Broker is also entitled to correct any error errors in such acknowledgement or confirmation whether it has been sent out or not without incurring any liability in connection therewith.

DEEMED TIME OF RECEIPT AND TRANSMISSION. 3.1 The provisions of this Clause are applicable in case ORS has been used in the provision of the Electronic Trading Service. 3.2 It is agree that: (A) a request, order, instruction, inquiry, message or information (collectively “Communication”) sent via the ORS shall be deemed to have been sent by the party sending the Communication (the “Sender”) at the time the Communication is accepted by an information system outside the control of the Sender; (B) a Communication sent by ORS Provider via the ORS shall be deemed to have been received by a party (“the Recipient”) at the time the Communication is accepted by the Recipient's information system; andthe (C) a Communication sent by the Broker of the Client or any third party (the “Sending Party”) via the ORS to ORS Provider shall be deemed to have been received by ORS Provider when ORS Provider send a message back to the Sending Party expressly acknowledging receipt, processing or acceptance of the Sending Party's Communication. 3.3 Notwithstanding anything contained herein, the Broker shall not be deemed to have received the Client's instruction or executed its instruction unless and until the Client is in receipt of the Broker's message acknowledging receipt or confirming execution of the Client's instructions (including without limitation by posting the status of the Instructions instructions in order journals on the website which is operated by the Broker and is freely accessible by the Client). The Broker is also entitled to correct any error in such acknowledgement or confirmation without incurring any liability in connection therewith.