Common use of MAY BE WAIVING YOUR Clause in Contracts

MAY BE WAIVING YOUR. RIGHT TO XXX IN A COURT OF LAW; AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU OR XXXXXXX XXXXX MAY SUBMIT TO ARBITRATION UNDER THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE WHICH MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU SHALL BE NOTIFIED IF XXXXXXX XXXXX INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 “REPARATIONS” PROCEEDING BEFORE THE CFTC, YOU SHALL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE IN WHICH TO MAKE THAT ELECTION. NON-ELIGIBLE CONTRACT PARTICIPANTS NEED NOT SIGN THIS ARBITRATION AGREEMENT (BY EXECUTING APPENDIX E HERETO) TO OPEN AN ACCOUNT WITH XXXXXXX XXXXX. SEE 17 C.F.R. 166.5. Please note that, if you are an eligible contract participant as defined in the Act, this paragraph is binding upon you.

MAY BE WAIVING YOUR. RIGHT TO XXX SXX IN A COURT OF LAW; AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU OR XXXXXXX XXXXX ATC OR ANY ITS AFFILIATED PERSONS MAY SUBMIT TO ARBITRATION UNDER THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE WHICH MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU SHALL WILL BE NOTIFIED IF XXXXXXX XXXXX ATC OR ANY OF ITS AFFILIATED PERSONS INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 “REPARATIONS” PROCEEDING BEFORE THE CFTC, YOU SHALL WILL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE IN WHICH TO MAKE THAT ELECTION. NON-ELIGIBLE CONTRACT PARTICIPANTS YOU NEED NOT SIGN THIS ARBITRATION AGREEMENT (BY EXECUTING APPENDIX E HERETO) TO OPEN AN ACCOUNT WITH XXXXXXX XXXXXATC. SEE 17 C.F.R. 166.5CFR 180.1-180.5. Please note that/s/ Axxx Xxxxxxx First Customer’s Signature Second Customer’s Signature ADF Trading Company V, if you are an eligible contract participant as defined in the ActLLC Axxx Xxxxxxx, this paragraph is binding upon you.Chief Compliance Officer First Customer’s Name and Title Second Customer’s Name and Title October 29, 2010 Date Date