PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
MARGINS AND DEPOSIT REQUIREMENTS Customer shall provide to and maintain with FUNDA MARKETS LIMITED margin in such amounts and in such forms as FUNDA MARKETS LIMITED, in its sole discretion, may require. Such margin requirements may be greater or less than margins required by a counter party bank. FUNDA MARKETS LIMITED may change margin requirements at any time. Customer agrees to deposit by immediate wire transfer, or other payment method acceptable to FUNDA MARKETS LIMITED, such additional margin when and as required by FUNDA MARKETS LIMITED and will promptly meet all margin calls in such mode of transmission as FUNDA MARKETS LIMITED in its sole discretion designates. FUNDA MARKETS LIMITED may at any time proceed to liquidate Customer’s account and any failure by FUNDA MARKETS LIMITED to enforce its rights hereunder shall not be deemed a waiver by FUNDA MARKETS LIMITED to enforce its rights thereafter. FUNDA MARKETS LIMITED retains the right to limit the amount and/or total number of open positions which Customer may acquire or maintain at FUNDA MARKETS LIMITED, and to increase margin requirements in advance of earnings or other news or events, with or without notice, either before such events or retroactively or at any other time that it deems at its sole discretion. FUNDA MARKETS LIMITED will attempt to execute all orders which it may, in its sole discretion, choose to accept in accordance with the oral or written or computer instructions of Customer’s. CUSTOMER AGREEMENT 4 FUNDA MARKETS LIMITED reserves the right to refuse to accept any order. However, FUNDA MARKETS LIMITED shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of FUNDA MARKETS LIMITED including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to a breakdown in or failure of any transmission or communication facilities. In the event that Customer directs FUNDA MARKETS LIMITED to sell any margin, collateral, contract or other property and FUNDA MARKETS LIMITED is unable to deliver such margin, collateral, contract or other property to a purchaser because Customer fails to deliver it to FUNDA MARKETS LIMITED, FUNDA MARKETS LIMITED may borrow or purchase any margin, collateral, contract or property necessary to make such delivery, and Customer hereby agrees to guarantee and hold FUNDA MARKETS LIMITED harmless against any liability, claim, loss, damage, cost or expense, including attorneys’ fees that FUNDA MARKETS LIMITED may sustain.
