Common use of MANIFEST ERROR Clause in Contracts

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 appropriate under the circumstances. 13.7. We will exercise our rights under the above clauses reasonably, in good faith and as soon as reasonably practical after we become aware of the Manifest Error. 13.8. To the extent reasonably practicable, we will give you prior notice of any action we take under the above clauses; but if it is not reasonably practicable, we will give you notice as soon as reasonably practicable afterwards. 13.9. In the absence of fraud or gross negligence on our part, to the extent permitted by law we are not liable to you for any Loss, cost, claim, demand or expense that your incur or suffer (including loss of profits or indirect or consequential losses), arising from or connected with the Manifest Error including if the Manifest Error arises from an information service on which we rely.

MANIFEST ERROR. 13.125.1 From time to time it is possible that errors may occur in the pricing of contracts. We may, without your consent, either determine a Transaction Notwithstanding the rights that you have under Applicable Regulations 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 discretionlaw, we choose reserve the right to void, or to amend the terms of of, any such Transaction that we reasonably believe, at our sole reasonable discretion, to contain or Open Posi- tion due to be based on an obvious or palpable error (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 information including, without limitation, : the state of the Underlying Market at the time of the Manifest Error or error and any error inwithin, or lack of clarity of, any information source or pronouncement upon which we base our quoted pricespronouncement. 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 In deciding whether or not there has been a Manifest Error, we will make reasonable efforts to take into account any financial commitments that you have made or refrained from making in reliance on a Transaction. 13.4. 25.2 In the absence of our fraud, willful wilful default or negligence, we will not be liable to you for any Lossloss, cost, claim, demand or expense following a determination of a Manifest Error (in- cluding including where the Manifest Error is made by any information source, commentator or of- ficial official on whom we reasonably rely) or any action (or omission) taken (or omitted) by as a result). 13.5. 25.3 If a Manifest Error has occurred and we choose to exercise any of our rights under this clause or any other provision in this Agreementsection 25, and if you have received any monies from us or one of our Group Companies in connection with the Manifest Error, you agree that those monies are due and payable to us on our written demand or such Group Company and you agree to return an equal sum of those monies to us within the period stated in or to our written demandGroup Company without delay. 13.6. If a Transaction 25.4 We reserve the right to, without notice to you or Open Position is based on a Manifest Erroryour consent, we may (in addition either to our other rights) without your consent do any void from the outset or all of the following: a) amend the terms of a any Transaction containing or based on any Manifest Error. If, in our reasonable discretion, we choose to reflect what amend the terms of any such Manifest Error, the amended level will be such level as we consider to reasonably believe would have been the fair terms at the time the Transaction had been was 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 appropriate under the circumstancesinto. 13.7. We will exercise our rights under the above clauses reasonably, in good faith and as soon as reasonably practical after we become aware of the Manifest Error. 13.8. To the extent reasonably practicable, we will give you prior notice of any action we take under the above clauses; but if it is not reasonably practicable, we will give you notice as soon as reasonably practicable afterwards. 13.9. In the absence of fraud or gross negligence on our part, to the extent permitted by law we are not liable to you for any Loss, cost, claim, demand or expense that your incur or suffer (including loss of profits or indirect or consequential losses), arising from or connected with the Manifest Error including if the Manifest Error arises from an information service on which we rely.

MANIFEST ERROR. 13.1. We may, without your consent, either determine a Transaction or Open Position Posi- tion 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 Position due to a Manifest Error, the amended terms will be such level, as we reasonably be- lieve believe 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 Mani- fest Error we will act reasonably, and we may (but not obliged to) take into account ac- count any relevant factors including, without limitation, the state of the Underlying Un- derlying Market at the time of the Manifest Man- ifest Error or any error in, or lack of clarity of, any information source or pronouncement pro- nouncement upon which we base our quoted prices. Any financial commitment commit- ment that you have entered into or refrained re- frained 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 de- fault 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 including where the Manifest Error is made by any information infor- mation source, commentator or of- ficial official 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 un- der this clause or any other provision in this Agreement, and if you have received re- ceived any monies from us in connection connec- tion 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 followingfollow- ing: a) amend the terms of a Transaction Transac- tion 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 Manifest 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 appropriate under the circumstancescircum- stances. 13.7. We will exercise our rights under the above clauses reasonably, in good faith and as soon as reasonably practical after we become aware of the Manifest Error. 13.8. To the extent reasonably practicable, we will give you prior notice of any action ac- tion we take under the above clauses; but if it is not reasonably practicable, we will give you notice as soon as reasonably rea- sonably practicable afterwards. 13.9. In the absence of fraud or gross negligence negli- gence on our part, to the extent permitted permit- xxx by law we are not liable to you for any Loss, cost, claim, demand or expense ex- pense that your incur or suffer (including includ- ing loss of profits or indirect or consequential conse- quential losses), arising from or connected con- nected with the Manifest Error including if the Manifest Error arises from an information infor- mation service on which we rely.

MANIFEST ERROR. 13.1. (1) We mayreserve the right, without your consentsubject to and to the extent permitted by Applicable Regulation, to either determine a Transaction or Open Position void 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 obvious or palpable (a “Manifest Error. 13.2” 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 Transaction or Open Posi- tion due to a Manifest ErrorManifestly Erroneous Transaction, the amended terms level will be such level, level as we reasonably be- lieve believe would have been fair at the time the Transaction was entered into had the Manifest Error not occurred. 13.3into. In deciding whether an error is a Manifest Error we will shall act reasonably, reasonably and we may (but not obliged to) take into account any relevant factors information including, without limitation, the state of the Underlying Market global forex markets at the time of the Manifest Error 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. (2) In the absence of our fraud, willful wilful default or negligence, we will not be liable to you for any Lossloss, cost, claim, demand or expense following a determination of a Manifest Error (in- cluding including where the Manifest Error is made by any information source, commentator or of- ficial official on whom we reasonably rely) or any action (or omission) taken (or omitted) by as in relation to a resultManifestly Erroneous Transaction. 13.5. (3) If a Manifest Error has occurred and we choose to exercise any of our rights under this clause or any other provision in this AgreementTerm 8(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 on our written demand and you agree to return an equal sum of those monies to us within the period stated in our written demandwithout delay. 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 appropriate under the circumstances. 13.7. We will exercise our rights under the above clauses reasonably, in good faith and as soon as reasonably practical after we become aware of the Manifest Error. 13.8. To the extent reasonably practicable, we will give you prior notice of any action we take under the above clauses; but if it is not reasonably practicable, we will give you notice as soon as reasonably practicable afterwards. 13.9. In the absence of fraud or gross negligence on our part, to the extent permitted by law we are not liable to you for any Loss, cost, claim, demand or expense that your incur or suffer (including loss of profits or indirect or consequential losses), arising from or connected with the Manifest Error including if the Manifest Error arises from an information service on which we rely.

MANIFEST ERROR. 13.1. 11.1 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. 11.2 If, in our discretion, we choose to amend the terms of any such Transaction or Open Posi- tion Position due to a Manifest Error, the amended terms will be such level, level as we reasonably be- lieve believe would have been fair at the time the Transaction was entered into had the Manifest Error not occurred. 13.3. 11.3 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. 11.4 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 including where the Manifest Error is made by any information source, commentator or of- ficial official on whom we reasonably rely) or any action (or omission) taken (or omitted) by as a result. 13.5. 11.5 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. 11.6 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 Manifest 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 appropriate under in the circumstances. 13.7. 11.7 We will exercise our rights under the above clauses this clause reasonably, in good faith and as soon as reasonably practical after we become aware of the Manifest Error. 13.8. 11.8 To the extent reasonably practicable, we will give you prior notice of any action we take under the above clausesthis clause; but if it is not reasonably practicable, we will give you notice as soon as reasonably practicable afterwards. 13.9. 11.9 In the absence of fraud or gross negligence on our part, to the extent permitted by law we are not liable to you for any Loss, cost, claim, demand or expense that your incur or suffer (including loss of profits or indirect or consequential losses), arising from or connected with the Manifest Error including if the Manifest Error arises from an information service on which we rely.