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.
Appears in 6 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
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 uspayable.
Appears in 5 contracts
Samples: General Terms & Conditions, General Terms & Conditions, General Terms & Conditions
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.
Appears in 3 contracts
Samples: General Terms and Conditions, General Terms & Conditions, General Terms & Conditions
MANIFEST ERROR. (1. ) We reserve the right to, without your consent, to 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’”), without your consent. If, in our reasonable 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 wilful 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(111(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.
Appears in 2 contracts
Samples: Margin Trading Customer Agreement, Margin Trading Customer Agreement
MANIFEST ERROR. (1. ) We reserve the right to, without your consent, to 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’"), without your consent. If, in our reasonable 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 intoentered. In deciding whether an error is a Manifest Error we shall act reasonably reasonably, and we may take into account consider 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 considered in deciding whether or not there has been a Manifest Error.
(2. In the absence of our fraud, willful default or negligence, we ) We will not be liable to you for any loss, cost, claim, demand 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 TransactionTransaction unless the Manifest Error is a result of fraud, willful default or negligence on our part.
(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 Errorrights, you agree that those the monies are you received from us as a result of the Manifest Error will become 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.
Appears in 1 contract
Samples: Customer Agreement
MANIFEST ERROR. 1. a) We reserve the right to, without your consent, to 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’"), without your consent. If, in our reasonable 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 intothetimethetransactionwasenteredinto. In deciding whether an error is a Indecidingwhetheranerrorisa Manifest Error we shall act reasonably Errorweshallactreasonably,and we may take into account any relevant information wemaytakeintoaccountanyrelevantinformation 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 ErrornotbetakenintoaccountindecidingwhetherornottherehasbeenaManifestError.
2. b) In the absence of our fraud, willful wilful 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 relywheretheManifestErrorismadebyanyinformationsource,commentatororofficial onwhomwereasonablyrely) or in relation to a relationtoa Manifestly Erroneous Transaction.
3. c) If a Manifest Error has occurred and we choose to exercise any of our rights under Term 9(1)agreement terms, 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 usagreeto returnanequalsumtouswithoutdelay.
Appears in 1 contract
Samples: Terms of Business
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 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 wilful misconduct 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 an information source, commentator or official on upon whom we reasonably rely.)
(3) 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(110(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.
Appears in 1 contract
Samples: Margin Trading Customer Agreement