Instructions and Transactions. 5.1 Each Instruction given by the Member and each Authorized User shall be given in accordance with this Access Agreement and also with the Membership Agreement unless expressly stated otherwise in this Access Agreement. The provision of the Underlying Services by LCH to the Member shall at all times be governed by the terms and conditions of the Membership Agreement. The Member is only permitted to enter Instructions in connection with those Transactions which it is permitted to carry out pursuant to the Membership Agreement. 5.2 The Member shall access and use the Portal only via hardware with an IP address known to and recorded by LCH as being an IP address for that Member. The Member shall input, read and/or authorise Instructions on the Portal by following the on-screen guide. For any such Instruction to be valid, and before LCH will act upon it, it will need to be confirmed by two separate Authorized Users, both of which must have a level of access authorising them to input Instructions and one of which must have a level of access authorising him to authorise Instructions. The Member acknowledges that all Instructions issued by an Authorized User shall be treated as an Authorized instruction to LCH. 5.3 An Instruction shall only be treated as inputted to the Portal once the Instruction has been inputted by an Authorized User which is registered to input Instructions and LCH has received it. LCH will confirm that this Instruction has been received by sending that Authorized User email confirmation of the same unless that Authorized User has requested not to receive such emails. An Instruction shall only be treated as authorized by the Member on the Portal once the Instruction has been authorized by an Authorized User which is registered to authorise Instructions and LCH has received that authorization. LCH will confirm that this authorization has been received by sending that Authorized User email confirmation of the same unless that Authorized User has requested not to receive such emails. Such emails are not confirmation that any Transaction has been entered into, and the Member shall not treat it as such or place any such reliance upon it. 5.4 All Instructions are irrevocable once they have been acted upon by LCH and are settled. LCH will use commercially reasonable efforts to indicate that Instructions are settled by promptly updating the status of those Instructions on the Portal. Prior to an Instruction being settled, if a Member gives an instruction attempting to amend or revoke that Instruction then LCH shall use commercially reasonable efforts to give effect to such amendment or revocation within a reasonable time of its receipt, provided that doing so would not be materially prejudicial to LCH in any way. 5.5 The Member recognizes and agrees that LCH is not providing any investment advice, recommendation, endorsement or any other advice to the Member in relation to any Instruction or any Transaction or other Underlying Services. 5.6 The Member warrants, represents and undertakes to LCH that it and the Authorized Users shall have the full capacity and authority to give the Instructions and enter into the related Transactions.
Appears in 1 contract
Samples: Access Agreement
Instructions and Transactions. 5.1 Each Instruction given by the Member or Service Provider and each Authorized Authorised User and/or Authorised System, as appropriate, shall be given in accordance with this Access Agreement and also with the Membership Agreement unless expressly stated otherwise in this Access Agreement. The provision of the Underlying Services by LCH to the Member shall at all times be governed by the terms and conditions of the Membership Agreement. The Member or Service Provider, is only permitted to enter Instructions in connection with those Transactions which it is permitted to carry out pursuant to the Membership Agreement.
5.2 The Member shall access and use the Portal only via hardware with an IP address known to and recorded by LCH as being an IP address for that Member. The Member or Service Provider shall input, read and/or authorise Instructions on the Portal CMS by following the on-on screen guide. For any such Instruction to be valid, and before LCH will act upon it, it will need to be confirmed by two separate Authorized Users, Authorised Users both of which must have a level of access authorising them to input Instructions and one the second of which must have a level of access authorising him them to authorise Instructions. The Member acknowledges that all Instructions issued by an Authorized Authorised User shall be treated as an Authorized authorised instruction to LCH.
5.3 An . Members and Service Providers can send Instructions to CMS directly via an Authorised System. For Instructions sent to CMS directly, an Instruction shall only be treated as inputted to the Portal CMS once the Instruction has been inputted by an Authorized Authorised User which that is registered to input Instructions and LCH has received itsuch Instruction. LCH will confirm that this Instruction has been received by sending that Authorized Authorised User email confirmation of the same unless that Authorized Authorised User has requested not to receive such emails. An Instruction shall only be treated as authorized by the Member authorised on the Portal CMS once the Instruction has been authorized authorised by an Authorized Authorised User which is registered to authorise Instructions and LCH has received that authorizationauthorisation. LCH will confirm that this authorization has been received by sending that Authorized Authorised User email confirmation of the same unless that Authorized Authorised User has requested not to receive such emails. Such emails are not confirmation that any Transaction has been entered into, into and the Member shall not treat it as such or place any such reliance upon it.
5.4 . For Instructions sent to CMS via an Authorised System, an Instruction shall be treated as authorised to CMS once the Instruction has been inputted by an Authorised System which is registered to input Instructions and LCH has received this and responded to the Authorised System with a positive acknowledgment (PACK). All Instructions are irrevocable once they have been acted upon by LCH and are settled. LCH will use commercially reasonable efforts endeavours to indicate that Instructions are settled by promptly updating the status of those Instructions on the PortalCMS. Prior to an Instruction being settled, if a Member or Service Provider gives an instruction attempting to amend or revoke that Instruction then LCH shall use commercially reasonable efforts endeavours to give effect to such amendment or revocation within a reasonable time of its receipt, receipt provided that doing so would not be materially prejudicial to LCH in any way.
5.5 . The Member recognizes recognises and agrees that LCH is not providing any investment advice, recommendation, endorsement or any other advice to the Member in relation to any Instruction or any Transaction or other Underlying Services.
5.6 . The Member warrants, represents and undertakes to LCH that it the Member, the Service Provider and the Authorized Authorised Users and/or any users of the Authorised System, as appropriate, shall have the full capacity and authority to give the Instructions and enter into the related Transactions.
Appears in 1 contract
Samples: Access Agreement
Instructions and Transactions. 5.1 Each Instruction given by the Member and each Authorized Authorised User shall be given in accordance with this Access Agreement and also with the Membership Agreement unless expressly stated otherwise in this Access Agreement. The provision of the Underlying Services by LCH to the Member shall at all times be governed by the terms and conditions of the Membership Agreement. The Member is only permitted to enter Instructions in connection with those Transactions which it is permitted to carry out pursuant to the Membership Agreement.
5.2 The Member shall only access and use the Portal only via hardware with an IP address known to and recorded by LCH as being an IP address for that Member. The Member shall input, read and/or authorise Instructions on the Portal by following the on-on screen guide. For any such Instruction to be valid, and before LCH will act upon it, it will need to be confirmed by two separate Authorized Users, Authorised Users both of which must have a level of access authorising them to input Instructions and one the second of which must have a level of access authorising him them to authorise Instructions. The Member acknowledges that all Instructions issued by an Authorized Authorised User shall be treated as an Authorized authorised instruction to LCH.
5.3 An Instruction shall only be treated as inputted to the Portal once the Instruction has been inputted by an Authorized Authorised User which is registered to input Instructions and LCH has received itthis. LCH will confirm that this Instruction has been received by sending that Authorized Authorised User email confirmation of the same unless that Authorized Authorised User has requested not to receive such emails. An Instruction shall only be treated as authorized authorised by the Member on the Portal once the Instruction has been authorized authorised by an Authorized Authorised User which is registered to authorise Instructions and LCH has received that authorizationauthorisation. LCH will confirm that this authorization has been received by sending that Authorized Authorised User email confirmation of the same unless that Authorized Authorised User has requested not to receive such emails. Such emails are not confirmation that any Transaction has been entered into, into and the Member shall not treat it as such or place any such reliance upon it.
5.4 All Instructions are irrevocable once they have been acted upon by LCH and are settled. LCH will use commercially reasonable efforts endeavours to indicate that Instructions are settled by promptly updating the status of those Instructions on the Portal. Prior to an Instruction being settled, if a Member gives an instruction attempting to amend or revoke that Instruction then LCH shall use commercially reasonable efforts endeavours to give effect to such amendment or revocation within a reasonable time of its receipt, receipt provided that doing so would not be materially prejudicial to LCH in any way.
5.5 The Member recognizes recognises and agrees that LCH is not providing any investment advice, recommendation, endorsement or any other advice to the Member in relation to any Instruction or any Transaction or other Underlying Services.
5.6 The Member warrants, represents and undertakes to LCH that it and the Authorized Authorised Users shall have the full capacity and authority to give the Instructions and enter into the related Transactions.
Appears in 1 contract
Samples: Access Agreement
Instructions and Transactions. 5.1 Each Instruction given by the Member and each Authorized Authorised User and/or Authorised System, as appropriate, shall be given in accordance with this Access Agreement and also with the Membership Agreement unless expressly stated otherwise in this Access Agreement. The provision of the Underlying Services by LCH to the Member shall at all times be governed by the terms and conditions of the Membership Agreement. The Member is only permitted to enter Instructions in connection with those Transactions which it is permitted to carry out pursuant to the Membership Agreement.
5.2 The Member shall access and use the Portal only via hardware with an IP address known to and recorded by LCH as being an IP address for that Member. The Member shall input, read and/or authorise Instructions on the Portal by following the on-on screen guide. For any such Instruction to be valid, and before LCH will act upon it, it will need to be confirmed by two separate Authorized Users, Authorised Users both of which must have a level of access authorising them to input Instructions and one the second of which must have a level of access authorising him them to authorise Instructions. The Member acknowledges that all Instructions issued by an Authorized Authorised User shall be treated as an Authorized authorised instruction to LCH.
5.3 An Members can send Instructions to the Portal via the Online Portal; or via an Authorised System.
5.4 For Instructions sent to the Portal via the Online Portal an Instruction shall only be treated as inputted to the Portal once the Instruction has been inputted by an Authorized Authorised User which is registered to input Instructions and LCH has received itthis. LCH will confirm that this Instruction has been received by sending that Authorized Authorised User email confirmation of the same unless that Authorized Authorised User has requested not to receive such emails. An Instruction shall only be treated as authorized authorised by the Member on the Portal once the Instruction has been authorized authorised by an Authorized Authorised User which is registered to authorise Instructions and LCH has received that authorizationauthorisation. LCH will confirm that this authorization has been received by sending that Authorized Authorised User email confirmation of the same unless that Authorized Authorised User has requested not to receive such emails. Such emails are not confirmation that any Transaction has been entered into, into and the Member shall not treat it as such or place any such reliance upon it.
5.4 5.5 For Instructions sent to the Portal via an Authorised System an Instruction shall be treated as inputted and authorised to the Portal once the Instruction has been inputted by an Authorised System which is registered to input Instructions and LCH has received this. An Instruction shall only be treated as authorised by the Member on the Portal once the Instruction has been authorised by an Authorised User which is registered to authorise Instructions and LCH has received that authorisation.
5.6 All Instructions are irrevocable once they have been acted upon by LCH and are settled. LCH will use commercially reasonable efforts endeavours to indicate that Instructions are settled by promptly updating the status of those Instructions on the Portal. Prior to an Instruction being settled, if a Member gives an instruction attempting to amend or revoke that Instruction then LCH shall use commercially reasonable efforts endeavours to give effect to such amendment or revocation within a reasonable time of its receipt, receipt provided that doing so would not be materially prejudicial to LCH in any way.
5.5 5.7 The Member recognizes recognises and agrees that LCH is not providing any investment advice, recommendation, endorsement or any other advice to the Member in relation to any Instruction or any Transaction or other Underlying Services.
5.6 5.8 The Member warrants, represents and undertakes to LCH that it and the Authorized Authorised Users and/or any users of the Authorised System, as appropriate, shall have the full capacity and authority to give the Instructions and enter into the related Transactions.
Appears in 1 contract
Samples: Access Agreement