Common use of Suspension and Termination of Service Clause in Contracts

Suspension and Termination of Service. SEE Link may terminate and/or suspend the Originating Broker’s license grant and/or suspend, terminate or limit any of the 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 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 Originating Broker and will work with the Originating Broker to resolve such issues and re-instate the Service. Furthermore, SEE Link shall suspend or otherwise limit Originating Broker’s right to receive the Service, without liability for SEE Link, if SEE Link is notified by the Local Exchange that the 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 Originating Broker acknowledges and agrees that SEE Link shall be entitled to suspend or terminate the Service that the Originating Broker receives with respect to a particular Contracted Executing Broker, if SEE Link suspends or terminates the Membership Agreement it has concluded with such Contracted Executing Broker or if such agreement is terminated by such Contracted Executing Broker. In such case, SEE Link shall have no liability towards the Originating Broker for the inability to receive the Service with respect to such Contracted Executing Broker. The Originating Broker further acknowledges and agrees that SEE Link shall be entitled to terminate the Service that the Originating Broker receives with respect to a particular Contracted Executing Broker with prior reasonable notice, if SEE Link suspends or terminates the Participation Agreement it has concluded with the relevant Foreign Exchange that has admitted the relevant Contracted Executing Broker as its member. In such case, SEE Link shall have no liability towards the Originating Broker for the inability to receive the Service with respect to such Contracted Executing Broker. If SEE Link receives notice from the 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 Originating Broker and/or the Local Exchange thereof. If SEE Link receives notice from Originating Broker and/or any Contracted Executing Broker that the Inter-broker Agreement concluded between the Originating Broker and such Contracted Executing Broker has been terminated (“Notice of a Terminated Inter-Broker Agreement”), SEE Link shall terminate the Originating Broker’s access to the Service such that the Originating Broker shall no longer be able to receive the Service with respect to such Contracted Executing Broker.

Suspension and Termination of Service. SEE Link may terminate and/or suspend the Originating Executing Broker’s license grant and/or suspend, terminate or limit any of the Originating 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 Originating 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 Originating Executing Broker and will work with the Originating Executing Broker to resolve such issues and re-instate the Service. Furthermore, SEE Link shall suspend or otherwise limit Originating Executing Broker’s right to receive the Service, without liability for SEE Link, if SEE Link is notified by the Local Exchange that the Originating 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 Originating Executing Broker acknowledges and agrees that SEE Link shall be entitled to suspend or terminate the Service that the Originating Executing Broker receives with respect to a particular Contracted Executing Originating Broker, if SEE Link suspends or terminates the Membership Agreement it has concluded with such Contracted Executing Originating Broker or if such agreement is terminated by such Contracted Executing Originating Broker. In such case, SEE Link shall have no liability towards the Originating Executing Broker for the inability to receive the Service with respect to such Contracted Executing Originating Broker. The Originating Furthermore, the Executing Broker further acknowledges and agrees that SEE Link shall be entitled to terminate the Service that the Originating Executing Broker receives with respect to a particular Contracted Executing Originating Broker with reasonable prior reasonable notice, if SEE Link suspends or terminates the Participation Agreement it has concluded with the relevant Foreign Participating Exchange that has admitted the relevant Contracted Executing Ordering Broker as its member. In such case, SEE Link shall have no liability towards the Originating Executing Broker for the inability to receive the Service with respect to such Contracted Executing Originating Broker. If SEE Link receives notice from the Originating 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 Originating Executing Broker and/or the Local Exchange thereof. If SEE Link receives notice from Originating Executing Broker and/or any Contracted Executing Originating Broker that the Inter-broker Agreement concluded between the Originating Executing Broker and such Contracted Executing Originating Broker has been terminated (“Notice of a Terminated Inter-Broker Agreement”), SEE Link shall terminate the Originating Executing Broker’s access to the Service such that the Originating Executing Broker shall no longer be able to receive the Service with respect to such Contracted Executing Originating Broker.