Common use of Suspension and Termination of Service Clause in Contracts

Suspension and Termination of Service. SEE Link may terminate and/or suspend the Executing Broker’s license grant and/or suspend, terminate or limit any of the Executing Broker’s use of the Service without liability, giving at least prior verbal notice, based on SEE Link’s reasonable belief that: (i) the Service is being used in breach of the provisions of this Agreement or otherwise in a potentially harmful or unlawful manner; (ii) the use of the Service adversely affects SEE Link’s (or its suppliers’) equipment, security network infrastructure or its service to others; or (iii) the Executing Broker fails to pay undisputed charges for the Service after being given notice. In the event the Service is suspended, SEE Link will use commercially reasonable efforts to inform the Executing Broker and will work with the Executing Broker to resolve such issues and re-instate the Service. Furthermore, SEE Link shall suspend or otherwise limit Executing Broker’s right to receive the Service, without liability for SEE Link, if SEE Link notified by the Local Exchange that the Executing Broker’s membership in the Local Exchange has been suspended or its right to trade on the Local Exchange has been otherwise limited. The Executing Broker acknowledges and agrees that SEE Link shall be entitled to suspend or terminate the Service that the Executing Broker receives with respect to a particular Contracted Originating Broker, if SEE Link suspends or terminates the Membership Agreement it has concluded with such Contracted Originating Broker or if such agreement is terminated by such Contracted Originating Broker. In such case, SEE Link shall have no liability towards the Executing Broker for the inability to receive the Service with respect to such Contracted Originating Broker. Furthermore, the Executing Broker further acknowledges and agrees that SEE Link shall be entitled to terminate the Service that the Executing Broker receives with respect to a particular Contracted Originating Broker with reasonable prior notice, if SEE Link suspends or terminates the Participation Agreement it has concluded with the relevant Participating Exchange that has admitted the relevant Contracted Ordering Broker as its member. In such case, SEE Link shall have no liability towards the Executing Broker for the inability to receive the Service with respect to such Contracted Originating Broker. If SEE Link receives notice from the Executing Broker or from the Local Exchange that a particular User is suspended or excluded from trading on the Local Exchange, SEE Link shall without delay suspend or terminate such User’s individual profile in the System, without liability for SEE Link, and shall notify the Executing Broker and/or the Local Exchange thereof. If SEE Link receives notice from Executing Broker and/or any Contracted Originating Broker that the Inter-broker Agreement concluded between the Executing Broker and such Contracted Originating Broker has been terminated (“Notice of a Terminated Inter-Broker Agreement”), SEE Link shall terminate the Executing Broker’s access to the Service such that the Executing Broker shall no longer be able to receive the Service with respect to such Contracted Originating Broker.

Suspension and Termination of Service. SEE Link may terminate and/or suspend the Executing Originating Broker’s license grant and/or suspend, terminate or limit any of the Executing Originating Broker’s use of the Service without liability, giving at least prior verbal notice, based on SEE Link’s reasonable belief that: (i) the Service is being used in breach of the provisions of this Agreement or otherwise in a potentially harmful or unlawful manner; (ii) the use of the Service adversely affects SEE Link’s (or its suppliers’) equipment, security network infrastructure or its service to others; or (iii) the Executing Originating Broker fails to pay undisputed charges for the Service after being given notice. In the event the Service is suspended, SEE Link will use commercially reasonable efforts to inform the Executing Originating Broker and will work with the Executing Originating Broker to resolve such issues and re-instate the Service. Furthermore, SEE Link shall suspend or otherwise limit Executing Originating Broker’s right to receive the Service, without liability for SEE Link, if SEE Link is notified by the Local Exchange that the Executing Originating Broker’s membership in the Local Exchange has been suspended or its right to trade on the Local Exchange has been otherwise limited. The Executing Originating Broker acknowledges and agrees that SEE Link shall be entitled to suspend or terminate the Service that the Executing Originating Broker receives with respect to a particular Contracted Originating Executing Broker, if SEE Link suspends or terminates the Membership Agreement it has concluded with such Contracted Originating Executing Broker or if such agreement is terminated by such Contracted Originating Executing Broker. In such case, SEE Link shall have no liability towards the Executing Originating Broker for the inability to receive the Service with respect to such Contracted Originating Executing Broker. Furthermore, the Executing The Originating Broker further acknowledges and agrees that SEE Link shall be entitled to terminate the Service that the Executing Originating Broker receives with respect to a particular Contracted Originating Executing Broker with prior reasonable prior notice, if SEE Link suspends or terminates the Participation Agreement it has concluded with the relevant Participating Foreign Exchange that has admitted the relevant Contracted Ordering Executing Broker as its member. In such case, SEE Link shall have no liability towards the Executing Originating Broker for the inability to receive the Service with respect to such Contracted Originating Executing Broker. If SEE Link receives notice from the Executing Originating Broker or from the Local Exchange that a particular User is suspended or excluded from trading on the Local Exchange, SEE Link shall without delay suspend or terminate such User’s individual profile in the System, without liability for SEE Link, and shall notify the Executing Originating Broker and/or the Local Exchange thereof. If SEE Link receives notice from Executing Originating Broker and/or any Contracted Originating Executing Broker that the Inter-broker Agreement concluded between the Executing Originating Broker and such Contracted Originating Executing Broker has been terminated (“Notice of a Terminated Inter-Broker Agreement”), SEE Link shall terminate the Executing Originating Broker’s access to the Service such that the Executing Originating Broker shall no longer be able to receive the Service with respect to such Contracted Originating Executing Broker.