Common use of Third Party Access Clause in Contracts

Third Party Access. Each party to this Agreement (each, a “Contracting Party”) shall be and remain fully responsible and liable for all actions and omissions by any third party using or accessing ITWS through or on behalf of such Contracting Party (including through the use of any applicable identification numbers, passwords, or other access keys or credentials in the possession of the Contracting Party, or under any unique identifiers assigned to such Contracting Party with respect to ITWS), including without limitation any third party agent or service provider permitted, directed, and/or authorized by such Contracting Party to access and/or act through or upon ITWS with respect to any Accounts or Orders. Any such third party shall be bound by the terms and conditions of this Agreement applicable to the Contracting Party, and any failure by such third party to comply with the terms of this Agreement shall constitute a breach of this Agreement by the Contracting Party. The Contracting Party shall be liable for such third parties’ compliance with the terms of this Agreement to the same extent as if the Contracting Party itself had acted or failed to act instead of the third party.