MANIFEST ERROR. 1. We reserve the right to, without your consent, either void from the outset or amend the terms of any Transaction containing or based on any error that we reasonably believe to be obvious or palpable (a ‘Manifest Error’ and any such Transaction a ‘Manifestly Erroneous Transaction’). If, in our discretion, we choose to amend the terms of any such Manifestly Erroneous Transaction, the amended level will be such level as we reasonably believe would have been fair at the time the Transaction was entered into. In deciding whether an error is a Manifest Error we shall act reasonably and we may take into account any relevant information including, without limitation, the state of the Underlying Market at the time of the error or any error in, or lack of clarity of, any information source or pronouncement upon which we base our quoted prices. Any financial commitment that you have entered into or refrained from entering into in reliance on a Transaction with us will not be taken into account in deciding whether or not there has been a Manifest Error.
2. In the absence of our fraud, willful default or negligence, we will not be liable to you for any loss, cost, claim, demand or expense following a Manifest Error (including where the Manifest Error is made by any information source, commentator or official on whom we reasonably rely) or in relation to a Manifestly Erroneous Transaction.
3. If a Manifest Error has occurred and we choose to exercise any of our rights under Term 9(1), and if you have received any monies from us in connection with the Manifest Error, you agree that those monies are due and payable to us and you agree to return an equal sum to us without delay. You authorize us to deduct such monies from your account with us.
MANIFEST ERROR. 13.1. We may, without your consent, either determine a Transaction or Open Position from the outset or at any time amend the terms of any Transaction containing or based on any error that we reasonably believe to be a Manifest Error.
13.2. If, in our discretion, we choose to amend the terms of any such Transaction or Open Posi- tion due to a Manifest Error, the amended terms will be such level, as we reasonably be- lieve would have been fair at the time the Transaction was entered into had the Manifest Error not occurred.
13.3. In deciding whether an error is a Manifest Error we will act reasonably, and we may (but not obliged to) take into account any relevant factors including, without limitation, the state of the Underlying Market at the time of the Manifest Error or any error in, or lack of clarity of, any information source or pronouncement upon which we base our quoted prices. Any financial commitment that you have entered into or refrained from entering into in reliance on a Transaction with us will not be taken into account in deciding whether or not there has been a Manifest Error.
13.4. In the absence of our fraud, willful default or negligence, we will not be liable to you for any Loss, cost, claim, demand or expense following a determination of a Manifest Error (in- cluding where the Manifest Error is made by any information source, commentator or of- ficial on whom we reasonably rely) or any action (or omission) taken (or omitted) by as a result.
13.5. If a Manifest Error has occurred and we choose to exercise any of our rights under this clause or any other provision in this Agreement, and if you have received any monies from us in connection with the Manifest Error, you agree that those monies are due and payable to us on our written demand and you agree to return an equal sum of those monies to us within the period stated in our written demand.
13.6. If a Transaction or Open Position is based on a Manifest Error, we may (in addition to our other rights) without your consent do any or all of the following:
a) amend the terms of a Transaction to reflect what we consider to have been the fair terms at the time the Transaction had been entered into had there been no Mani- fest Error;
b) Close Out the Transaction and any Open Positions resulting from it;
c) adjust or suspend your Account;
d) treat the Transaction as void from its inception;
e) refrain from taking action to amend or void the Transaction; or
f) any other action that we believe is ...
MANIFEST ERROR. An error, omission or obvious misquote by us, or any Market, price providing bank, information source, commentator, announcement, or official with whom we reasonably rely, having regard to the current Market conditions at the time an order is placed (a “Manifest Error”). A Manifest Error may include an incorrect price, date, time or Market, or any error or lack of clarity of any information, source, commentator, official result or announcement. When determining whether a situation amounts to a Manifest Error, we may take into account all information in our possession including, without limitation, information concerning all relevant Markets conditions and any error in, or lack of clarity of, any information source or announcement.
MANIFEST ERROR. 15.1. A Manifest Error is an error, omission or misquote (including any misquote by our dealer) which by fault of either of us or any third party is materially and clearly incorrect when taking into account market conditions and quotes in Markets or Underlying Instruments which prevailed at that time. It may include an incorrect price, date, time or Market or any error or lack of clarity of any information, source, commentator, official, official result or pronouncement.
15.2. If a Trade is based on a Manifest Error (regardless of whether you or we gain from the error) we may act reasonably and in good faith to:
15.2.1. void the Trade as if it had never taken place;
15.2.2. close the Trade or any Open Position resulting from it; or
15.2.3. amend the Trade so that its terms are the same as the Trade which would have been placed if there had been no Manifest Error.
15.3. We will exercise the rights in clause 15.2 as soon as reasonably practicable after we become aware of the Manifest Error. To the extent practicable we will give you prior notice of any action we take under this clause but if this is not practicable we will give you notice as soon as practicable afterwards. If you consider that a Trade is based on a Manifest Error, then you must notify us immediately. We will consider in good faith whether it is appropriate to take any action under this clause 15 taking into account all the information relating to the situation, including market conditions and your level of expertise.
15.4. In the absence of our fraud, wilful deceit or negligence, we will not be liable for any loss, costs, claims or demand for expenses resulting from a Manifest Error.
MANIFEST ERROR. 19.1 The Company reserves the right to void ab initio any Contract involving or deriving from a manifest error. A “Manifest Error” means any error omission or misquote which is obvious or palpable. In deciding whether an error is a Manifest Error we may take into account any relevant information including the state of the Underlying Market at the time of the error. In making such a decision we will act in our sole discretion, reasonably and in good faith. Any financial commitment that you have entered into or refrained from entering into in reliance on a Contract with us will not be taken into account in deciding whether or not there has been a Manifest Error.
MANIFEST ERROR.
18.1 We reserve the right to, without your consent, either void from the outset or amend the terms of any Transaction containing or based on any Manifest Error. If, in our discretion, we choose to amend the terms of any such Manifest Error the amended level will be such level as we reasonably believe would have been fair at the time the Transaction was entered into. In deciding whether an error is a Manifest Error we shall act reasonably and we may take into account any relevant information including, without limitation, the state of the Underlying Market at the time of the error or any error in, or lack of clarity of, any information source or pronouncement upon which we base our quoted prices. Any financial commitment that you have entered into or refrained from entering into in reliance on a Transaction with us will not be taken into account in deciding whether or not there has been a Manifest Error.
18.2 In the absence of our fraud, omission, willful default or negligence, we will not be liable to you for any loss, cost, claim, demand or expense following a Manifest Error (including where the Manifest Error is made by any information source, commentator or official on whom we reasonably rely).
18.3 If a Manifest Error has occurred and we choose to exercise any of our rights under clause 18.1, and if you have received any monies from us in connection with the Manifest Error, you agree that those monies are due and payable to us and you agree to return an equal sum to us without delay without demand.
MANIFEST ERROR. To the extent it is determined in the period of time between the Signing Date and the Initial Implementation Date that the listing of a Subject Loan on a Schedule to this Agreement is the result of manifest error, the Parties agree to cooperate in good faith to correct such error, it being understood that if the Initial Implementation Date has occurred and the Parties continue to dispute the listing of any Subject Loan, then Section 11(c) shall apply to such continuing dispute. For the avoidance of doubt, this Section 3(c) does not apply to a change in Category of a Subject Loan, any such change being subject to Section 3(a)(ii).
MANIFEST ERROR. (a) Halifax reserves the right to, without the Client’s consent, either void from the outset or amend the terms of any Transaction containing or based on any error that Halifax reasonably believes to be obvious or palpable (a “Manifest Error”). If, in Halifax’s discretion, Halifax chooses to amend the terms of any such Transaction which contains or is based on a Manifest Error, the amended level will be such level as Halifax reasonably believes would have been fair at the time the Transaction was entered into. In deciding whether an error is a Manifest Error Halifax shall act reasonably and may take into account any relevant information including, the state of the underlying market at the time of the error or any error in, or lack of clarity of, any information source or pronouncement upon which Halifax bases its quoted prices. Any financial commitment that the Client has entered into or refrained from entering into in reliance on a Transaction with Halifax will not be taken into account in deciding whether or not there has been a Manifest Error.
(b) In the absence of Halifax’s fraud, wilful default or negligence, Halifax will not be liable to the Client for any loss, cost, claim, demand or expense following a Manifest Error (including where the Manifest Error is made by any information source, commentator or official on whom Halifax reasonably relies).
MANIFEST ERROR. (a) Unless an invoice contains a manifest calculation error, User may not withhold payment of the disputed portion of an invoice (but without prejudice to User’s right to later challenge the correctness of the invoice). If an invoice contains a manifest calculation error User must notify TasNetworks and if TasNetworks (acting reasonably) agrees it will issue a corrected invoice in substitution for the original invoice. If TasNetworks does not agree there is a manifest calculation error then User must pay the original invoice but the payment timeframe will be extended by the number of days between TasNetworks receiving notice from User of the alleged error and TasNetworks responding to User.
(b) The fact User must pay an invoice even if disputed does not prejudice User’s right to dispute that invoice in accordance with the procedures in clause 16. If pursuant to clause 16 it is determined (or it is otherwise agreed by the parties) that the amount invoiced to User was greater than permitted by this agreement, then within 15 business days of such determination, TasNetworks will refund the overpaid amount to User with interest calculated in accordance with clause 10.5.
MANIFEST ERROR. 1. We reserve the right to, without your consent, either void from the outset or amend the terms of any Transaction containing or based on any error that we reasonably believe to be obvious or palpable (a ‘Manifest Error’ and any such Transaction a ‘Manifestly Erroneous Transaction’). If, in our discretion, we choose to amend the terms of any such Manifestly Erroneous Transaction, the amended level will be such level as we reasonably believe would have ةــصنملا ىــلع اــهيلع لوــصحلا كــنكمي يــتلا كــلتل قــịاط نوكتــس لــيdافتلا نأ مــلعلا عــم حــيضوتل .ةــيقافتلاا هذــهل اــقً dو لــịاقملا فرــطلا نــحن اــننأ وــه دــيحولا فاــتخلاا عــم عــيمجو يأ يــd مــكل لــịاقملا فرــطلا نــحنو اــنعم مكịاــسحị ظاــفتحلاا مــتي ،رــملاا اذــه نوــموقت )تاــيلمع( تلاوادــت ةــيأ نإ .ةــيقافتلاا هذــه يــd حــضوم وــه اــمك تاــيلمعلا نــحنو اــنعم مكịاــسح يــd )مــكتايلمع( مــكتلاوادت نوــكت ةــصنملا لاــخ نــم اــهذيفنتị .اــنعم مكịاــسح ىــلع كــلذل اــقdو تاــيلمعلا هذــه ليجــست مــتيو اــهل لــịاقملا فرــطلا تــقو يأ يــd قــقحتي نأ لــيمعلل نــكمي ،تــنرتنلإا رــبع اــهتامدخ مدــقت ةكرــشلا نلأ ارــظن .24 ناــيبلا موــيلا ةــياهن يــd لــيمعلا ىــقلتيو ،هــị ةــdاخلا ةــصنملا رــبع اــهتظفحم / هــتظفحم نــم تاــنايبلا لاــسرإ مــتي هــنأị لــيمعلا رــقي . xxxx@xxx.xxxxx يــنورتكللإا دــيربلا ةطــساوị يــمويلا .”CFI Global Management“ ةيعرفلا ةكرشلا نم ينورتكللإا ديربلا ربع ةيمويلا ءانị فرــصتلاو مــكليكو نــم ةدراوــلا تلااــصتلاا ىــلع داــمتعلاا يــd اــنقحị لاــخلإا نود نــم .1 اذإ هل اــقً dو فرــصتلاو لاــصتا يأ لوــبق وأ ةــيلمع ةــيأ قاــغإ وأ حــتفị نــيمزلم نوــكن نــل ،اــهيلع لــdوتلا لــبق ةــيلمعل اــنحتd ةــلاح يــd .هــتايحاd زواــجتي لــيكولا نأ لوــقعم لكــشị اــندقتعا رعــسلاị ةــيلمعلا هذــه قاــغإ اــمإ ،قــلطملا اــنريدقتل اــقً dو ،اــنل زوــجي ،داــقتعلاا اذــه لــثم ىــلإ ريــسفت مــتي نــل .ةــيادبلا ذــنم ةــلطاị اــهنأ ىــلع اــهعم لــماعتلا وأ تــقولا كــلذ يــd دئاــسلا ةطلــس نــم قــقحتلا وأ راــسفتسلاا بــجاو تــحت اــنعضت اــهنأ ىــلع )1( 8 دــنبلا اذــه تاــجردنم .مكلثمي هنأị معزي يذلا ليكولا ةيحاd وأ دــق كــلذị ماــيقلا نأ لوــقعم لكــشị دــقتعن اــنك اذإ ةــيلمع ةــيأ قاــغإ وأ حــتفị نــيمزلم انــسل .2 حــتd لاــح يــd .هــị لوــمعم دــنị وأ ماــظن وأ ةدــعاق وأ نوــناق يأ كــهتني دــق وأ اــيلمع نوــكي لا هذه قاغإ امإ ،قــلطملا انريدقتل اقً dو ،اــنل زوجي ،داــقتعلاا اذــه لــثم ىــلإ لــdوتلا لــبق ةــيلمع ضرــعلا رعــس وأ )عــيبلا تاــيلمع ةــلاح يــd( تــقولا كــلذ يــd دئاــسلا ضرــعلا رعــسị ةــيلمعلا .ةيادبلا ذن...
