Common use of Order Management Clause in Contracts

Order Management. If the Client and/or a Sub-Delegate submit an Order via a System in error (including any error Orders issued by its Authorised Users resulting from “fat-finger” (i.e. mistaken excess computer keystrokes) or other similar errors) and wish to withdraw that Order, the Bank shall, so far as is reasonably practicable, provide assistance to Client to enable it to do so. However, the Bank accepts no responsibility for ensuring that such an Order is withdrawn or for the actions or inaction of any Third-party Provider to which a request has been submitted to cancel or withdraw an error Order and, in all circumstances, the Client shall be responsible for any Transaction (including any Transaction resulting from its error) which arises in circumstances where it is not possible to withdraw an Order made by the Client. In the event of any disagreement between the Parties as to whether or not an Order has been accepted and executed by the relevant Third-party Provider, any confirmations or notices received by the Client via a System shall be conclusive evidence of the implementation of such a Transaction and, in the event such notices or confirmations are unavailable, any records systematically produced by a System shall be conclusive.

Appears in 3 contracts

Samples: Investment Services Agreement, Investment Services Agreement, Investment Services Agreement

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Order Management. 10.1. If the Client and/or a Sub-Delegate submit an Order via a System in error (including any error Orders issued by its Authorised Users resulting from “fat-finger” (i.e. mistaken excess computer keystrokes) or other similar errors) and wish to withdraw that Order, the Bank shall, so far as is reasonably practicable, provide assistance to Client to enable it to do so. However, the Bank accepts no responsibility for ensuring that such an Order is withdrawn or for the actions or inaction of any Third-Third- party Provider to which a request has been submitted to cancel or withdraw an error Order and, in all circumstances, the Client shall be responsible for any Transaction (including any Transaction resulting from its error) which arises in circumstances where it is not possible to withdraw an Order made by the Client. 10.2. In the event of any disagreement between the Parties as to whether or not an Order has been accepted and executed by the relevant Third-party Provider, any confirmations or notices received by the Client via a System shall be conclusive evidence of the implementation of such a Transaction and, in the event such notices or confirmations are unavailable, any records systematically produced by a System shall be conclusive.

Appears in 1 contract

Samples: Investment Services Agreement

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