Common use of Failure to Settle Clause in Contracts

Failure to Settle. 15.1 You acknowledge that, if you fail to make any payment due to Openmarkets or deliver any documents or Security Holder Information to Openmarkets or otherwise comply with the Settlement Obligations that you owe to Openmarkets in relation to a Transaction in accordance with these Terms and Conditions or the relevant Confirmation, if any (fail to settle), Openmarkets may do any one or more of the following: a. charge an administration fee calculated by reference to the additional cost which may be incurred by Openmarkets (including any fail fees imposed by a Securities Exchange or ASX Clear) as a result of your failure to settle; x. xxxx a default charge on the amount from time to time outstanding at a rate of up to 15.0% per annum; c. sell out (or procure the sellout of) any Traded Products purchased (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting; d. buy in (or procure the buy in of) any Traded Products sold (and you are fully responsible for any loss in connection with such purchase) and recover Openmarkets’ costs in so acting; e. sell out (or procure the sellout of) any Traded Products otherwise held on your behalf (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting; f. apply any cash held by Openmarkets or the Intermediary (or to which they have access ) on your account (including in a Cash Account or Trading Account), or payments received for or from you in reduction of your liability to Openmarkets; or g. cancel (or instruct the Intermediary to cancel) any of your unexecuted Orders, h. and you authorise Openmarkets and each of its directors and employees as your attorney to give instructions on your behalf in respect of your Traded Product holdings sponsored by Openmarkets (or a related body corporate or affiliate of Openmarkets) in CHESS, or held by a related body corporate or affiliate of either of Openmarkets or the Intermediary in nominee holdings, and in respect of call deposit facilities or cash management trust accounts on which either Openmarkets or the Intermediary is authorised to give instructions, to enable Openmarkets to realise those Traded Products or funds and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting. 15.2 If you fail to settle, Openmarkets may make arrangements on your behalf to ensure that your Settlement Obligations are performed (including by buying-in or borrowing the relevant Traded Products). If you have not met your settlement obligations owed to Openmarkets in respect of a Transaction executed for you by Openmarkets by the Business Day nominated by the Securities Exchange after the relevant Order was executed, it is Openmarkets’ policy (and Openmarkets may be obliged under the ASX Settlement Rules), without any notice to you: a. in the case of a purchase, to execute a Transaction to close out the failed purchase (by selling the relevant Traded Products); or b. in the case of a sale, to execute a Transaction to close out the failed sale (by buying-in the relevant Traded Products), and recover any resulting loss from you. 15.3 You must pay or reimburse Openmarkets any such administration fees and default charges (together with any GST payable on those amounts) immediately upon demand or at Openmarkets’ option it may deduct such administration fees and default charges (and any GST) from any sale proceeds or other amounts otherwise payable to you. 15.4 The manner in which Openmarkets may exercise or not exercise, or the timing of or any delay in any exercise by Openmarkets of, any right of Openmarkets under this clause is not to be taken to be financial product advice by Openmarkets to you, and you must not represent to any person that it is financial product advice by Openmarkets. 15.5 Openmarkets will not be liable to you for any failure by Openmarkets to exercise (or any delay in the exercise by Openmarkets of) any right Openmarkets may have against you, or any loss incurred by you as a result of Openmarkets not exercising any of its rights against you immediately, or at all, following any failure by you to comply with your obligations. 15.6 The rights described in this clause 15 are in addition to any rights that are conferred to Openmarkets under the Exchange Rules and the ASX Clear Rules.

Failure to Settle. 15.1 You acknowledge that, if you fail to make any payment due to Openmarkets or deliver any documents or Security Holder Information to Openmarkets or otherwise comply with the Settlement Obligations that you owe to Openmarkets in relation to a Transaction in accordance with these Terms and Conditions or the relevant Confirmation, if any (fail to settle), Openmarkets may do any one or more of the following: a. charge an administration fee calculated by reference to the additional cost which may be incurred by Openmarkets (including any fail fees imposed by a Securities Exchange or ASX Clear) as a result of your failure to settle; x. xxxx a default charge on the amount from time to time outstanding at a rate of up to 15.0% per annum; c. sell out (or procure the sellout of) any Traded Products purchased (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting; d. buy in (or procure the buy in of) any Traded Products sold (and you are fully responsible for any loss in connection with such purchase) and recover Openmarkets’ costs in so acting; e. sell out (or procure the sellout of) any Traded Products otherwise held on your behalf (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting; f. apply any cash held by Openmarkets or the Intermediary (or to which they have access ) on your account (including in a Cash Account or Trading Account), or payments received for or from you in reduction of your liability to Openmarkets; or g. cancel (or instruct the Intermediary to cancel) any of your unexecuted Orders, h. and you authorise Openmarkets and each of its directors and employees as your attorney to give instructions on your behalf in respect of your Traded Product holdings sponsored by Openmarkets (or a related body corporate or affiliate of Openmarkets) in CHESS, or held by a related body corporate or affiliate of either of Openmarkets or the Intermediary in nominee holdings, and in respect of call deposit facilities or cash management trust accounts on which either Openmarkets or the Intermediary is authorised to give instructions, to enable Openmarkets to realise those Traded Products or funds and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting. 15.2 If you fail to settle, Openmarkets may make arrangements on your behalf to ensure that your Settlement Obligations are performed (including by buying-in or borrowing the relevant Traded Products). If you have not met your settlement obligations owed to Openmarkets in respect of a Transaction executed for you by Openmarkets by the Business Day nominated by the Securities Exchange after the relevant Order was executed, it is Openmarkets’ policy (and Openmarkets may be obliged under the ASX Settlement Rules), without any notice to you: a. in the case of a purchase, to execute a Transaction to close out the failed purchase (by selling the relevant Traded Products); or b. in the case of a sale, to execute a Transaction to close out the failed sale (by buying-in the relevant Traded Products), and recover any resulting loss from you. 15.3 You must pay or reimburse Openmarkets any such administration fees and default charges (together with any GST payable on those amounts) immediately upon demand or at Openmarkets’ option it may deduct such administration fees and default charges (and any GST) from any sale proceeds or other amounts otherwise payable to you. 15.4 The manner in which Openmarkets may exercise or not exercise, or the timing of or any delay in any exercise by Openmarkets of, any right of Openmarkets under this clause is not to be taken to be financial product advice by Openmarkets to you, and you must not represent to any person that it is financial product advice by Openmarkets. 15.5 Openmarkets will not be liable to you for any failure by Openmarkets to exercise (or any delay in the exercise by Openmarkets of) any right Openmarkets may have against you, or any loss incurred by you as a result of Openmarkets not exercising any of its rights against you immediately, or at all, following any failure by you to comply with your obligations. 15.6 The rights described in this clause 15 are in addition to any rights that are conferred to Openmarkets under the Exchange Rules, ASX Clear Rules and the ASX Clear Rulesany rules of a Foreign Market (as it applies under Schedule 6).

Failure to Settle. 15.1 You acknowledge that, if you fail to make any payment due for the settlement relating to Openmarkets your International Transaction or deliver any documents or Security Holder Information to Openmarkets or otherwise comply with the Settlement Obligations that you owe to Openmarkets in relation to a Transaction in accordance with these Terms and Conditions or the relevant Confirmation, if any International securities (fail to settle), Openmarkets FinClear Services may do any one or more of the following: a. a) retain any security (both International and domestic) held for you or by you, moneys received on the sale of securities for you or moneys due to you pending settlement of any transaction; b) charge an administration fee calculated by reference to the additional cost which may be incurred by Openmarkets FinClear Services or the International Broker (including any fail fees imposed by a Securities Exchange or ASX ClearForeign Market on which an International Transaction was conducted) as a result of your failure to settle;. x. c) xxxx a default charge on the amount from time to time outstanding at a rate of up to 15.0% per annum;. c. d) sell out (or procure the sellout sell-out of) any Traded Products securities purchased or held by/for you (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets FinClear Services or to any International Broker and to recover Openmarkets’ FinClear Services or any International Broker's costs in so acting;. d. e) buy in (or procure the buy in of) any Traded Products International Securities sold (and you are fully responsible for any loss in connection with such purchase) and recover Openmarkets’ FinClear Services or any International Broker's costs in so acting;. e. sell out (or procure the sellout off) any Traded Products otherwise held on your behalf (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting; f. apply any cash held by Openmarkets FinClear Services, your Intermediary, or the Intermediary (any International Broker on your account or to which they have access ) on your account (including in a Cash Account or Trading Account)FinClear Services has access, or payments received for or from you in reduction of your liability to OpenmarketsFinClear Services or to any International Broker; or g. g) cancel (or instruct the your Intermediary to cancel) any of your unexecuted Orders, h. and you authorise Openmarkets FinClear Services and each of its directors and employees as your attorney to give instructions on your behalf in respect of your Traded Product holdings sponsored by Openmarkets (or a related body corporate or affiliate of Openmarkets) in CHESS, or International Securities held by a related body corporate or affiliate of either of Openmarkets FinClear Services or the your Intermediary in nominee holdings, and in respect of call deposit facilities or cash management trust accounts on which either Openmarkets FinClear Services or the your Intermediary is authorised to give instructions, to enable Openmarkets FinClear Services to realise those Traded Products International Securities or funds and apply the proceeds in reduction of your liability to Openmarkets FinClear Services or to any International Broker and to recover Openmarkets’ FinClear Services or any International Broker's costs in so acting. 15.2 . If you fail to settle, Openmarkets FinClear Services may make arrangements on your behalf to ensure that your Settlement Obligations are performed (including by buying-in or borrowing the relevant Traded ProductsInternational Securities). If you have not met your settlement obligations owed to Openmarkets in respect of a Transaction executed for you by Openmarkets by the date which is 4 Business Day nominated by the Securities Exchange Days after the relevant Order was executedSettlement Date and Time, it is Openmarkets’ policy FinClear may (and Openmarkets FinClear Services may be obliged under the ASX Settlement Rulesa rule of a Foreign Market(s)), without any notice to you: a. a) in the case of a purchase, arrange to execute a an International Transaction to close out the failed purchase (by selling the relevant Traded ProductsInternational Securities); or b. b) in the case of a sale, arrange to execute a an International Transaction to close out the failed sale (by buying-in the relevant Traded ProductsInternational Securities), and recover any resulting loss from you. 15.3 . You must pay or reimburse Openmarkets FinClear Services any such administration fees and default charges (together with any GST payable on those amounts) immediately upon demand or at Openmarkets’ FinClear Services option it may deduct such administration fees and default charges (and any GST) from any sale proceeds or other amounts otherwise payable to you. 15.4 . The manner in which Openmarkets FinClear Services may exercise or not exercise, or the timing of or any delay in any exercise by Openmarkets FinClear Services of, any right of Openmarkets FinClear Services under this clause is not to be taken to be financial product advice by Openmarkets FinClear Services to you, and you must not represent to any person that it is financial product advice by Openmarkets. 15.5 Openmarkets FinClear Services. FinClear Services will not be liable to you for any failure by Openmarkets FinClear Services to exercise (or any delay in the exercise by Openmarkets FinClear Services of) any right Openmarkets FinClear Services may have against you, or any loss incurred by you as a result of Openmarkets FinClear Services not exercising any of its rights against you immediately, or at all, following any failure by you to comply with your obligations. 15.6 . The rights described in this clause 15 16 are in addition to any rights that are conferred to Openmarkets FinClear Services under the Exchange Rules and the ASX Clear Rulesany rules of a Foreign Market(s).

Failure to Settle. 15.1 You acknowledge that, if you fail 16.1 If Client fails to make any payment due to Openmarkets or payment, deliver any documents or Security Holder Information security holder information to Openmarkets Spectrum Live or otherwise comply with the Settlement Obligations that you owe to Openmarkets in relation to a Transaction Market Participant in accordance with these Terms and Conditions or the relevant ConfirmationConfirmation and these Terms, if any (fail to settle), Openmarkets Spectrum Live may do any one or more of the following: a. (a) recover from Client all of its costs incurred as a result of that failure (by taking legal proceedings, by charging that to Client’s Account or withdrawing the amount from Client’s account with Market Participant to pay itself); (b) charge an administration a fee calculated by reference to the additional cost which may be incurred by Openmarkets (including any fail fees imposed by a Securities Exchange or ASX Clear) Spectrum Live as a result of your Client’s failure to settlesettle (including GST, legal costs, interest charges, fines and penalties and any indemnification payment for those items or any estimate of ay of those items); x. (c) xxxx a default charge on the amount from time to time outstanding at a rate which Spectrum Live reasonably determines it would be required to pay on an overdraft (or similar) facility with its then current bankers (without having to obtain quotes or show Client evidence of up to 15.0% per annumthat); c. (d) charge interest at a rate which Spectrum Live reasonably determines it would be required to pay on an overdraft (or similar) facility with its then current bankers (without having to obtain quotes or show Client evidence of that) on any debit balances resulting from the failure to settle; (e) sell on behalf of Client, at the risk and expense of Client, any Securities or other Financial Products of Client including and in addition to the Securities which are the subject of the defaulting contract (including without notice to or the consent of Client, and entirely at the risk and cost of Client); (f) sell out (any Securities or procure the sellout of) any Traded other Financial Products purchased otherwise held on behalf of Client (and you are fully responsible for any loss in connection with such saleits risk and cost) and apply the proceeds in reduction of your to reduce Client’s liability to Openmarkets Spectrum Live and to recover Openmarkets’ its costs in so acting; d. buy in (or procure the buy in ofg) any Traded Products sold (and you are fully responsible for any loss in connection with such purchase) and recover Openmarkets’ costs in so acting; e. sell out (or procure the sellout of) any Traded Products otherwise held on your behalf (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting; f. apply any cash of Client’s, held by Openmarkets or the Intermediary (Spectrum Live or to which they have access ) on your account (including in a Cash Account or Trading Account)its has access, or payments received for or from you in reduction of your Client, to reduce its liability to OpenmarketsSpectrum Live; orand g. (h) cancel (any unfulfilled Orders or instruct the Intermediary to cancel) any partly unfilled Orders of your unexecuted Orders, h. and you authorise Openmarkets and each of its directors and employees as your attorney to give instructions on your behalf in respect of your Traded Product holdings sponsored by Openmarkets (or a related body corporate or affiliate of Openmarkets) in CHESS, or held by a related body corporate or affiliate of either of Openmarkets or the Intermediary in nominee holdings, and in respect of call deposit facilities or cash management trust accounts on which either Openmarkets or the Intermediary is authorised to give instructions, to enable Openmarkets to realise those Traded Products or funds and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so actingClient. 15.2 If you fail to settle, Openmarkets may make arrangements on your behalf to ensure that your Settlement Obligations are performed 16.2 Client is responsible for and forever indemnifies Spectrum Live against all costs (including by buying-legal costs on a full indemnity basis), expenses, damages and losses arising in or borrowing the relevant Traded Products). connection with any settlement failure referred to above including, without limitation, any consequential loss, brokerage, stamp, duty, taxes, penalties, interest and legal costs. 16.3 If you have not met your settlement obligations owed Client fails to Openmarkets in respect of pay an amount due from a Transaction executed for you by Openmarkets by in accordance with the Business Day nominated by the Operating Rules, Spectrum Live may sell any or all of Client’s Securities Exchange after the relevant Order was executed, it is Openmarkets’ policy (and Openmarkets may be obliged under the ASX Settlement Rules), without any notice or Financial Products in addition to you:the a. in the case of a purchase, to execute a Transaction to close out the failed purchase (by selling the relevant Traded Products); or b. in the case of a sale, to execute a Transaction to close out the failed sale (by buying-in the relevant Traded Products), and recover any resulting loss from you. 15.3 You 16.4 Client must pay or reimburse Openmarkets Spectrum Live for any such administration fees and default charges amounts covered by the indemnity in this clause (together with any GST payable on those amountsincluding GST) immediately upon demand or at Openmarkets’ option it demand. Those indemnified amounts may deduct such administration fees and default charges (and any GST) be deducted from any sale proceeds or other amounts otherwise payable to youClient or may be withdrawn from Client’s account with Market Participant to pay Spectrum Live. 15.4 The manner in which Openmarkets may exercise or not exercise, or the timing of or any delay in any exercise by Openmarkets of, any right of Openmarkets under this clause is not to be taken to be financial product advice by Openmarkets to you, and you must not represent to any person that it is financial product advice by Openmarkets. 15.5 Openmarkets will not be liable to you for any failure by Openmarkets to exercise (or any delay in the exercise by Openmarkets of) any right Openmarkets may have against you, or any loss incurred by you as a result of Openmarkets not exercising any of its rights against you immediately, or at all, following any failure by you to comply with your obligations. 15.6 The rights described in this clause 15 are in addition to any rights that are conferred to Openmarkets under the Exchange Rules and the ASX Clear Rules.

Failure to Settle. 15.1 (a) You acknowledge that, if you or your Intermediary fail to make any payment due to Openmarkets or deliver any documents or Security Holder Information to Openmarkets security holder information required by us or otherwise fail to comply with the Settlement Obligations that you owe to Openmarkets in relation to a Transaction made in accordance with these Terms and Conditions or the a relevant Confirmation, if any (fail to settle), Openmarkets may (and may be obliged under the relevant settlement rules of a Securities Exchange) without notice to you do any one or more of the following: a. (i) charge an administration fee calculated by reference to the additional cost which may be incurred by Openmarkets us (including any fail fees imposed by a Securities Exchange or ASX Clear) as a result of your failure to settle; x. (ii) xxxx a default charge on the amount from time to time outstanding at a rate of up to 15.015% per annum; c. (iii) sell out (or procure the sellout sell out of) any Traded Financial Products purchased (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets us and to recover Openmarkets’ our costs in so acting; d. (iv) buy in (or procure the buy buy-in of) any Traded Financial Products sold (and you are fully responsible for any loss in connection with such purchase) and recover Openmarkets’ our costs in so acting; e. (v) sell out (or procure the sellout sell out of) any Traded Financial Products otherwise held on your behalf (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets us and to recover Openmarkets’ our costs in so acting; f. (vi) apply any cash held by Openmarkets us or the Intermediary (or to which they have access ) on your account (including in a Cash Account or Trading Account), or payments received for or from you in reduction of your liability to Openmarketsus; (vii) do all things reasonably necessary to recover any loss in connection with the Transaction from you and your Intermediary; or g. (viii) cancel (or instruct the Intermediary to cancel) any of your unexecuted Orders, h. and you authorise Openmarkets us and each of its our directors and employees as your attorney to give instructions on your behalf in respect of your Traded Product holdings sponsored by Openmarkets us (or a related body corporate or affiliate of Openmarketsour affiliates) in CHESS, CHESS or held by a related body corporate us or an affiliate of either of Openmarkets us or the Intermediary in nominee holdings, holdings and in respect of call deposit facilities or cash management trust accounts on which either Openmarkets or the Intermediary or us is authorised to give instructions, to enable Openmarkets us to realise those Traded Financial Products or funds and apply the proceeds in reduction of your liability to Openmarkets us and to recover Openmarkets’ our costs in so acting. 15.2 (b) If you fail to settle, Openmarkets we may make arrangements on your behalf to ensure that your Settlement Obligations are performed (including by buying-in or borrowing the relevant Traded Financial Products). If you have not met your settlement obligations Settlement Obligations owed to Openmarkets us in respect of a Transaction executed for you by Openmarkets by the Business Day nominated by the Securities Exchange after the relevant Order was executed, it is Openmarkets’ our policy (and Openmarkets we may be obliged under the ASX Settlement Rulesrues of the relevant Securities Exchange), without any notice to you: a. (i) in the case of a purchase, to execute a Transaction to close out the failed purchase (by selling the relevant Traded Financial Products); or b. (ii) in the case of a sale, to execute a Transaction to close out the failed sale (by buying-in the relevant Traded Financial Products), and recover any resulting loss from you. 15.3 (c) You must pay or reimburse Openmarkets us any such administration fees and default charges (together with any GST payable on those amounts) immediately upon demand or at Openmarkets’ option it our option, we may deduct such administration fees and default charges (and any GST) from any sale proceeds or other amounts otherwise payable to you. 15.4 (d) The manner in which Openmarkets we may exercise or not exercise, or the timing of or any delay in any exercise by Openmarkets us of, any right of Openmarkets our rights under this clause is not to be taken to be financial product advice by Openmarkets us to you, and you must not represent to any person that it is financial product advice by Openmarketsus. 15.5 Openmarkets (e) We will not be liable to you for any failure by Openmarkets us to exercise (or any delay in the exercise by Openmarkets us of) any right Openmarkets we may have against you, or any loss incurred by you as a result of Openmarkets us not exercising any of its our rights against you immediately, or at all, following any failure by you to comply with your obligations. 15.6 (f) The rights described in this clause 15 are in addition to any rights that are conferred to Openmarkets us under the Exchange Rules, ASX Clear Rules and the ASX Clear Rulesany applicable rules of a Securities Exchange.

Failure to Settle. 15.1 ‌ (a) You acknowledge that, if you or your Intermediary fail to make any payment due to Openmarkets or deliver any documents or Security Holder Information to Openmarkets security holder information required by us or otherwise fail to comply with the Settlement Obligations that you owe to Openmarkets in relation to a Transaction made in accordance with these Terms and Conditions or the a relevant Confirmation, if any (fail to settle), Openmarkets may (and may be obliged under the relevant settlement rules of a Securities Exchange) without notice to you do any one or more of the following: a. (i) charge an administration fee calculated by reference to the additional cost which may be incurred by Openmarkets us (including any fail fees imposed by a Securities Exchange or ASX Clear) as a result of your failure to settle; x. (ii) xxxx a default charge on the amount from time to time outstanding at a rate of up to 15.015% per annum; c. (iii) sell out (or procure the sellout sell out of) any Traded Financial Products purchased (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets us and to recover Openmarkets’ our costs in so acting; d. (iv) buy in (or procure the buy buy-in of) any Traded Financial Products sold (and you are fully responsible for any loss in connection with such purchase) and recover Openmarkets’ our costs in so acting; e. (v) sell out (or procure the sellout sell out of) any Traded Financial Products otherwise held on your behalf (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets us and to recover Openmarkets’ our costs in so acting; f. (vi) apply any cash held by Openmarkets us or the Intermediary (or to which they have access ) on your account (including in a Cash Account or Trading Account), or payments received for or from you in reduction of your liability to Openmarketsus; (vii) do all things reasonably necessary to recover any loss in connection with the Transaction from you and your Intermediary; or g. (viii) cancel (or instruct the Intermediary to cancel) any of your unexecuted Orders, h. and you authorise Openmarkets us and each of its our directors and employees as your attorney to give instructions on your behalf in respect of your Traded Product holdings sponsored by Openmarkets us (or a related body corporate or affiliate of Openmarketsour affiliates) in CHESS, CHESS or held by a related body corporate us or an affiliate of either of Openmarkets us or the Intermediary in nominee holdings, holdings and in respect of call deposit facilities or cash management trust accounts on which either Openmarkets or the Intermediary or us is authorised to give instructions, to enable Openmarkets us to realise those Traded Financial Products or funds and apply the proceeds in reduction of your liability to Openmarkets us and to recover Openmarkets’ our costs in so acting. 15.2 (b) If you fail to settle, Openmarkets we may make arrangements on your behalf to ensure that your Settlement Obligations are performed (including by buying-in or borrowing the relevant Traded Financial Products). If you have not met your settlement obligations Settlement Obligations owed to Openmarkets us in respect of a Transaction executed for you by Openmarkets by the Business Day nominated by the Securities Exchange after the relevant Order was executed, it is Openmarkets’ our policy (and Openmarkets we may be obliged under the ASX Settlement Rulesrues of the relevant Securities Exchange), without any notice to you: a. (i) in the case of a purchase, to execute a Transaction to close out the failed purchase (by selling the relevant Traded Financial Products); or b. (ii) in the case of a sale, to execute a Transaction to close out the failed sale (by buying-in the relevant Traded Financial Products), and recover any resulting loss from you. 15.3 (c) You must pay or reimburse Openmarkets us any such administration fees and default charges (together with any GST payable on those amounts) immediately upon demand or at Openmarkets’ option it our option, we may deduct such administration fees and default charges (and any GST) from any sale proceeds or other amounts otherwise payable to you. 15.4 (d) The manner in which Openmarkets we may exercise or not exercise, or the timing of or any delay in any exercise by Openmarkets us of, any right of Openmarkets our rights under this clause is not to be taken to be financial product advice by Openmarkets us to you, and you must not represent to any person that it is financial product advice by Openmarketsus. 15.5 Openmarkets (e) We will not be liable to you for any failure by Openmarkets us to exercise (or any delay in the exercise by Openmarkets us of) any right Openmarkets we may have against you, or any loss incurred by you as a result of Openmarkets us not exercising any of its our rights against you immediately, or at all, following any failure by you to comply with your obligations. 15.6 (f) The rights described in this clause 15 are in addition to any rights that are conferred to Openmarkets us under the Exchange Rules, ASX Clear Rules and the ASX Clear Rules.any applicable rules of a Securities Exchange.‌

Failure to Settle. 15.1 You acknowledge that, if you fail to make any payment due to Openmarkets OpenMarkets or deliver any documents or Security Holder Information to Openmarkets OpenMarkets or otherwise comply with the Settlement Obligations that you owe to Openmarkets OpenMarkets in relation to a Transaction in accordance with these Terms and Conditions or the relevant Confirmation, if any (fail to settle), Openmarkets OpenMarkets may do any one or more of the following: a. charge an administration fee calculated by reference to the additional cost which may be incurred by Openmarkets OpenMarkets (including any fail fees imposed by a Securities Exchange or ASX Clear) as a result of your failure to settle; x. xxxx a default charge on the amount from time to time outstanding at a rate of up to 15.0% per annum; c. sell out (or procure the sellout of) any Traded Products purchased (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets OpenMarkets and to recover Openmarkets’ OpenMarkets' costs in so acting; d. buy in (or procure the buy in of) any Traded Products sold (and you are fully responsible for any loss in connection with such purchase) and recover Openmarkets’ OpenMarkets' costs in so acting; e. sell out (or procure the sellout of) any Traded Products otherwise held on your behalf (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets OpenMarkets and to recover Openmarkets’ OpenMarkets' costs in so acting; f. apply any cash held by Openmarkets OpenMarkets or the Intermediary (or to which they have access ) on your account (including in a Cash Account or Trading Account), or payments received for or from you in reduction of your liability to OpenmarketsOpenMarkets; or g. cancel (or instruct the Intermediary to cancel) any of your unexecuted Orders, h. and you authorise Openmarkets OpenMarkets and each of its directors and employees as your attorney to give instructions on your behalf in respect of your Traded Product holdings sponsored by Openmarkets OpenMarkets (or a related body corporate or affiliate of OpenmarketsOpenMarkets) in CHESS, or held by a related body corporate or affiliate of either of Openmarkets OpenMarkets or the Intermediary in nominee holdings, and in respect of call deposit facilities or cash management trust accounts on which either Openmarkets OpenMarkets or the Intermediary is authorised to give instructions, to enable Openmarkets OpenMarkets to realise those Traded Products or funds and apply the proceeds in reduction of your liability to Openmarkets OpenMarkets and to recover Openmarkets’ OpenMarkets' costs in so acting. 15.2 If you fail to settle, Openmarkets OpenMarkets may make arrangements on your behalf to ensure that your Settlement Obligations are performed (including by buying-in or borrowing the relevant Traded Products). If you have not met your settlement obligations owed to Openmarkets OpenMarkets in respect of a Transaction executed for you by Openmarkets OpenMarkets by the Business Day nominated by the Securities Exchange after the relevant Order was executed, it is OpenmarketsOpenMarkets’ policy (and Openmarkets OpenMarkets may be obliged under the ASX Settlement Rules), without any notice to you: a. in the case of a purchase, to execute a Transaction to close out the failed purchase (by selling the relevant Traded Products); or b. in the case of a sale, to execute a Transaction to close out the failed sale (by buying-in the relevant Traded Products), and recover any resulting loss from you. 15.3 You must pay or reimburse Openmarkets OpenMarkets any such administration fees and default charges (together with any GST payable on those amounts) immediately upon demand or at Openmarkets’ OpenMarkets' option it may deduct such administration fees and default charges (and any GST) from any sale proceeds or other amounts otherwise payable to you. 15.4 The manner in which Openmarkets OpenMarkets may exercise or not exercise, or the timing of or any delay in any exercise by Openmarkets OpenMarkets of, any right of Openmarkets OpenMarkets under this clause is not to be taken to be financial product advice by Openmarkets OpenMarkets to you, and you must not represent to any person that it is financial product advice by OpenmarketsOpenMarkets. 15.5 Openmarkets OpenMarkets will not be liable to you for any failure by Openmarkets OpenMarkets to exercise (or any delay in the exercise by Openmarkets OpenMarkets of) any right Openmarkets OpenMarkets may have against you, or any loss incurred by you as a result of Openmarkets OpenMarkets not exercising any of its rights against you immediately, or at all, following any failure by you to comply with your obligations. 15.6 The rights described in this clause 15 are in addition to any rights that are conferred to Openmarkets OpenMarkets under the Exchange Rules and the ASX Clear Rules.

Failure to Settle. 15.1 14.1 You acknowledge that, if you fail to make any payment due to Openmarkets OpenMarkets or deliver any documents or Security Holder Information to Openmarkets OpenMarkets or otherwise comply with the Settlement Obligations that you owe to Openmarkets OpenMarkets in relation to a Transaction in accordance with these Terms and Conditions or the relevant Confirmation, if any (fail to settle), Openmarkets OpenMarkets may do any one or more of the following: a. charge an administration fee calculated by reference to the additional cost which may be incurred by Openmarkets OpenMarkets (including any fail fees imposed by a Securities Exchange or ASX Clear) as a result of your failure to settle; x. xxxx a default charge on the amount from time to time outstanding at a rate of up to 15.0% per annum; c. sell out (or procure the sellout of) any Traded Products purchased (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets OpenMarkets and to recover Openmarkets’ OpenMarkets' costs in so acting; d. buy in (or procure the buy in of) any Traded Products sold (and you are fully responsible for any loss in connection with such purchase) and recover Openmarkets’ OpenMarkets' costs in so acting; e. sell out (or procure the sellout of) any Traded Products otherwise held on your behalf (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets OpenMarkets and to recover Openmarkets’ OpenMarkets' costs in so acting; f. apply any cash held by Openmarkets or the Intermediary OpenMarkets (or to which they have OpenMarkets has access ) on your account (including in a Cash Account or Trading Account), or payments received for or from you in reduction of your liability to OpenmarketsOpenMarkets; or g. cancel (or instruct the Intermediary to cancel) any of your unexecuted Orders, h. and you authorise Openmarkets OpenMarkets and each of its directors and employees as your attorney to give instructions on your behalf in respect of your Traded Product holdings sponsored by Openmarkets OpenMarkets (or a related body corporate or affiliate of OpenmarketsOpenMarkets) in CHESS, or held by a related body corporate or affiliate of either of Openmarkets or the Intermediary OpenMarkets in nominee holdings, and in respect of call deposit facilities or cash management trust accounts on which either Openmarkets or the Intermediary OpenMarkets is authorised to give instructions, to enable Openmarkets OpenMarkets to realise those Traded Products or funds and apply the proceeds in reduction of your liability to Openmarkets OpenMarkets and to recover Openmarkets’ OpenMarkets's costs in so acting. 15.2 14.2 If you fail to settle, Openmarkets OpenMarkets may make arrangements on your behalf to ensure that your Settlement Obligations are performed (including by buying-in or borrowing the relevant Traded Products). If you have not met your settlement obligations owed to Openmarkets OpenMarkets in respect of a Transaction executed for you by Openmarkets OpenMarkets by the Business Day nominated by the Securities Exchange after the relevant Order was executed, it is OpenmarketsOpenMarkets’ policy (and Openmarkets OpenMarkets may be obliged under the ASX Settlement Rules), without any notice to you: a. in the case of a purchase, to execute a Transaction to close out the failed purchase (by selling the relevant Traded Products); or b. in the case of a sale, to execute a Transaction to close out the failed sale (by buying-in the relevant Traded Products), and recover any resulting loss from you. 15.3 14.3 You must pay or reimburse Openmarkets OpenMarkets any such administration fees and default charges (together with any GST payable on those amounts) immediately upon demand or at Openmarkets’ OpenMarkets's option it may deduct such administration fees and default charges (and any GST) from any sale proceeds or other amounts otherwise payable to you. 15.4 14.4 The manner in which Openmarkets OpenMarkets may exercise or not exercise, or the timing of or any delay in any exercise by Openmarkets OpenMarkets of, any right of Openmarkets OpenMarkets under this clause is not to be taken to be financial product advice by Openmarkets OpenMarkets to you, and you must not represent to any person that it is financial product advice by OpenmarketsOpenMarkets. 15.5 Openmarkets 14.5 OpenMarkets will not be liable to you for any failure by Openmarkets OpenMarkets to exercise (or any delay in the exercise by Openmarkets OpenMarkets of) any right Openmarkets OpenMarkets may have against you, or any loss incurred by you as a result of Openmarkets OpenMarkets not exercising any of its rights against you immediately, or at all, following any failure by you to comply with your obligations. 15.6 14.6 The rights described in this clause 15 are in addition to any rights that are conferred to Openmarkets OpenMarkets under the Exchange Rules and the ASX Clear Rules.

Failure to Settle. 15.1 You acknowledge that, if you fail to make any payment due to Openmarkets or deliver any documents or Security Holder Information to Openmarkets or otherwise comply with the Settlement Obligations that you owe to Openmarkets in relation to a Transaction in accordance with these Terms and Conditions or the relevant Confirmation, if any (fail to settle), Openmarkets may do any one or more of the following: a. charge an administration fee calculated by reference to the additional cost which may be incurred by Openmarkets (including any fail fees imposed by a Securities Exchange or ASX Clear) as a result of your failure to settle; x. xxxx a default charge on the amount from time to time outstanding at a rate of up to 15.0% per annum; c. sell out (or procure the sellout of) any Traded Products purchased (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting; d. buy in (or procure the buy in of) any Traded Products sold (and you are fully responsible for any loss in connection with such purchase) and recover Openmarkets’ costs in so acting; e. sell out (or procure the sellout of) any Traded Products otherwise held on your behalf be half (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting; f. apply any cash held by Openmarkets or the Intermediary (or to which they have access ) on your account (including in a Cash Account or Trading Account), or payments received for or from you in reduction of your liability to Openmarkets; or g. cancel (or instruct the Intermediary to cancel) any of your unexecuted Orders, h. and you authorise Openmarkets and each of its directors and employees as your attorney to give instructions on your behalf in respect of your Traded Product holdings sponsored by Openmarkets (or a related body corporate or affiliate of Openmarkets) in CHESS, or held by a related body corporate or affiliate of either of Openmarkets or the Intermediary in nominee holdings, and in respect of call deposit facilities or cash management trust accounts on which either Openmarkets or the Intermediary is authorised to give instructions, to enable Openmarkets to realise those Traded Products or funds and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting. 15.2 If you fail to settle, Openmarkets may make arrangements on your behalf to ensure that your Settlement Obligations are performed (including by buying-in or borrowing the relevant Traded Products). If you have not met your settlement obligations owed to Openmarkets in respect of a Transaction executed for you by Openmarkets by the Business Day nominated by the Securities Exchange after the relevant Order was executed, it is Openmarkets’ policy (and Openmarkets may be obliged under the ASX Settlement Rules), without any notice to you: a. in the case of a purchase, to execute a Transaction to close out the failed purchase (by selling the relevant Traded Products); or b. in the case of a sale, to execute a Transaction to close out the failed sale (by buying-in buying -in the relevant Traded Products), and recover any resulting loss from you. 15.3 You must pay or reimburse Openmarkets any such administration fees and default charges (together with any GST payable on those amounts) immediately upon demand or at Openmarkets’ option it may deduct such administration fees and default charges (and any GST) from any sale proceeds or other amounts otherwise payable to you. 15.4 The manner in which Openmarkets may exercise or not exercise, or the timing of or any delay in any exercise by Openmarkets of, any right of Openmarkets under this clause is not to be taken to be financial product advice by Openmarkets to you, and you must not represent to any person that it is financial product advice by Openmarkets. 15.5 Openmarkets will not be liable to you for any failure by Openmarkets to exercise (or any delay in the exercise by Openmarkets of) any right Openmarkets may have against you, or any loss incurred by you as a result of Openmarkets not exercising any of its rights against you immediately, or at all, following any failure by you to comply with your obligations. 15.6 The rights described in this clause 15 are in addition to any rights that are conferred to Openmarkets under the Exchange Rules and the ASX Clear Rules.

Failure to Settle. 15.1 You acknowledge that, if you fail to make any payment due to Openmarkets or deliver any documents or Security Holder Information to Openmarkets or otherwise comply with the Settlement Obligations that you owe to Openmarkets in relation to a Transaction in accordance with these Terms and Conditions or the relevant Confirmation, if any (fail to settle), Openmarkets may do any one or more of the following: a. charge an administration fee calculated by reference to the additional cost which may be incurred by Openmarkets (including any fail fees imposed by a Securities Exchange or ASX Clear) as a result of your failure to settle; x. xxxx a default charge on the amount from time to time outstanding at a rate of up to 15.0% per annum; c. sell out (or procure the sellout of) any Traded Products purchased (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting; d. buy in (or procure the buy in of) any Traded Products sold (and you are fully responsible for any loss in connection with such purchase) and recover Openmarkets’ costs in so acting; e. sell out (or procure the sellout of) any Traded Products otherwise held on your behalf (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting; f. apply any cash held by Openmarkets or the Intermediary (or to which they have access ) on your account (including in a Cash Account or Trading Account), or payments received for or from you in reduction of your liability to Openmarkets; or g. cancel (or instruct the Intermediary to cancel) any of your unexecuted Orders, h. and you authorise Openmarkets and each of its directors and employees as your attorney to give instructions on your behalf in respect of your Traded Product holdings sponsored by Openmarkets (or a related body corporate or affiliate of Openmarkets) in CHESS, or held by a related body corporate or affiliate of either of Openmarkets or the Intermediary in nominee holdings, and in respect of call deposit facilities or cash management trust accounts on which either Openmarkets or the Intermediary is authorised to give instructions, to enable Openmarkets to realise those Traded Products or funds and apply the proceeds in reduction of your liability to Openmarkets and to recover Openmarkets’ costs in so acting. 15.2 If you fail to settle, Openmarkets may make arrangements on your behalf to ensure that your Settlement Obligations are performed (including by buying-in or borrowing the relevant Traded Products). If you have not met your settlement obligations owed to Openmarkets in respect of a Transaction executed for you by Openmarkets by the Business Day nominated by the Securities Exchange after the relevant Order was executed, it is Openmarkets’ policy (and Openmarkets may be obliged under the ASX Settlement Rules), without any notice to you: a. in the case of a purchase, to execute a Transaction to close out the failed purchase (by selling the relevant Traded Products); or b. in the case of a sale, to execute a Transaction to close out the failed sale (by buying-in the relevant Traded Products), and recover any resulting loss from you. 15.3 You must pay or reimburse Openmarkets any such administration fees and default charges (together with any GST payable on those amounts) immediately upon demand or at Openmarkets’ option it may deduct such administration fees and default charges (and any GST) from any sale proceeds or other amounts otherwise payable to you. 15.4 The manner in which Openmarkets may exercise or not exercise, or the timing of or any delay in any exercise by Openmarkets of, any right of Openmarkets under this clause is not to be taken to be financial product advice by Openmarkets to you, and you must not represent to any person that it is financial product advice by Openmarkets. 15.5 Openmarkets will not be liable to you for any failure by Openmarkets to exercise (or any delay in the exercise by Openmarkets of) any right Openmarkets may have against you, or any loss incurred by you as a result of Openmarkets not exercising any of its rights against you immediately, or at all, following any failure by you to comply with your obligations. 15.6 The rights described in this clause 15 are in addition to any rights that are conferred to Openmarkets under the Exchange Rules and the Rules, ASX Clear Rules.

Failure to Settle. 15.1 ‌ (a) You acknowledge that, if you or your Intermediary fail to make any payment due to Openmarkets or deliver any documents or Security Holder Information to Openmarkets security holder information required by us or otherwise fail to comply with the Settlement Obligations that you owe to Openmarkets in relation to a Transaction made in accordance with these Terms and Conditions or the a relevant Confirmation, if any (fail to settle), Openmarkets may (and may be obliged under the relevant settlement rules of a Securities Exchange) without notice to you do any one or more of the following: a. (i) charge an administration fee calculated by reference to the additional cost which may be incurred by Openmarkets us (including any fail fees imposed by a Securities Exchange or ASX Clear) as a result of your failure to settle; x. (ii) xxxx a default charge on the amount from time to time outstanding at a rate of up to 15.015% per annum; c. (iii) sell out (or procure the sellout sell out of) any Traded Financial Products purchased (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets us and to recover Openmarkets’ our costs in so acting; d. (iv) buy in (or procure the buy buy-in of) any Traded Financial Products sold (and you are fully responsible for any loss in connection with such purchase) and recover Openmarkets’ our costs in so acting; e. (v) sell out (or procure the sellout sell out of) any Traded Financial Products otherwise held on your behalf (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Openmarkets us and to recover Openmarkets’ our costs in so acting; f. (vi) apply any cash held by Openmarkets us or the Intermediary (or to which they have access ) on your account (including in a Cash Account or Trading Account), or payments received for or from you in reduction of your liability to Openmarketsus; (vii) do all things reasonably necessary to recover any loss in connection with the Transaction from you and your Intermediary; or g. (viii) cancel (or instruct the Intermediary to cancel) any of your unexecuted Orders, h. and you authorise Openmarkets us and each of its our directors and employees as your attorney to give give‌ instructions on your behalf in respect of your Traded Product holdings sponsored by Openmarkets us (or a related body corporate or affiliate of Openmarketsour affiliates) in CHESS, CHESS or held by a related body corporate us or an affiliate of either of Openmarkets us or the Intermediary in nominee holdings, holdings and in respect of call deposit facilities or cash management trust accounts on which either Openmarkets or the Intermediary or us is authorised to give instructions, to enable Openmarkets us to realise those Traded Financial Products or funds and apply the proceeds in reduction of your liability to Openmarkets us and to recover Openmarkets’ our costs in so acting. 15.2 (b) If you fail to settle, Openmarkets we may make arrangements on your behalf to ensure that your Settlement Obligations are performed (including by buying-in or borrowing the relevant Traded Financial Products). If you have not met your settlement obligations Settlement Obligations owed to Openmarkets us in respect of a Transaction executed for you by Openmarkets by the Business Day nominated by the Securities Exchange after the relevant Order was executed, it is Openmarkets’ our policy (and Openmarkets we may be obliged under the ASX Settlement Rulesrues of the relevant Securities Exchange), without any notice to you: a. (i) in the case of a purchase, to execute a Transaction to close out the failed purchase (by selling the relevant Traded Financial Products); or b. (ii) in the case of a sale, to execute a Transaction to close out the failed sale (by buying-in the relevant Traded Financial Products), and recover any resulting loss from you. 15.3 (c) You must pay or reimburse Openmarkets us any such administration fees and default charges (together with any GST payable on those amounts) immediately upon demand or at Openmarkets’ option it our option, we may deduct such administration fees and default charges (and any GST) from any sale proceeds or other amounts otherwise payable to you. 15.4 (d) The manner in which Openmarkets we may exercise or not exercise, or the timing of or any delay in any exercise by Openmarkets us of, any right of Openmarkets our rights under this clause is not to be taken to be financial product advice by Openmarkets us to you, and you must not represent to any person that it is financial product advice by Openmarketsus. 15.5 Openmarkets (e) We will not be liable to you for any failure by Openmarkets us to exercise (or any delay in the exercise by Openmarkets us of) any right Openmarkets we may have against you, or any loss incurred by you as a result of Openmarkets us not exercising any of its our rights against you immediately, or at all, following any failure by you to comply with your obligations. 15.6 (f) The rights described in this clause 15 are in addition to any rights that are conferred to Openmarkets us under the Exchange Rules, ASX Clear Rules and the ASX Clear Rulesany applicable rules of a Securities Exchange.