Common use of Trade Obligations Clause in Contracts

Trade Obligations. 4.1. User shall be solely responsible for the performance of any and all Trades placed by User via the Service and, if applicable, any and all offsetting transactions between User and Prime Broker resulting from such Trades. User is obligated to accept all Trade executions that are consistent with the instructions contained in all User Orders (hereinafter defined). User acknowledges and agrees that FASTMATCH is not a party to any such Trades between User and other users. 4.2. User represents, acknowledges and agrees that: (i) Prime Broker and FASTMATCH may rely on all communications, including, but not limited to, orders, Trade offers and Trade confirmations, from the time such communications have been received via the Service (each a “User Order”); (ii) neither Prime Broker nor FASTMATCH shall have a duty to verify User Orders once received via the Service; (iii) Prime Broker and FASTMATCH may act on User Orders, and any resulting Trades and other related rights and obligations shall be binding upon User; and (iv) User shall be bound by, liable for and may not repudiate any Trade placed by User via the Service. 4.3. FASTMATCH has no obligation to accept, or to execute or cancel, all or any part of a Trade that User seeks to execute or cancel through the Service. Without limitation of the foregoing, FASTMATCH has no responsibility for transmissions that are inaccurate or not received by us, and may execute any Trade on the terms actually received by FASTMATCH. FASTMATCH will be deemed to have accepted a User Order if a confirmation notice is sent by FASTMATCH, regardless of whether User receives such confirmation notice. FASTMATCH’s electronic records of any User Order, Trade, price information, or any other data sent via API, shall be conclusive of the terms of such Trade, User Order, price information, or other data. 4.4. If User receives price information and execution services via FASTMATCH’s Application Programming Interface (“API”) for use via a third party platform, such use shall also be included in the definition of Service herein. Each User Order sent via API and each Trade entered into using User’s API shall be a User communication or transmission subject to the foregoing terms of this Section 4.

Trade Obligations. 4.1. User shall be solely responsible for the performance of any and all Trades placed by User via the Service and, if applicable, any and all offsetting transactions between User and Prime Broker resulting from such Trades. User is obligated to accept all Trade executions that are consistent with the instructions contained in all User Orders (hereinafter defined). User acknowledges and agrees that FASTMATCH is not a party to any such Trades between User and other users. 4.2. User represents, acknowledges and agrees that: (i) Prime Broker and FASTMATCH may rely on all communications, including, but not limited to, orders, Trade offers and Trade confirmations, from the time such communications have been received via the Service (each a “User Order”); (ii) neither Prime Broker nor FASTMATCH shall have a duty to verify User Orders once received via the Service; (iii) Prime Broker and FASTMATCH may act on User Orders, and any resulting Trades and other related rights and obligations shall be binding upon User; and (iv) User shall be bound by, liable for and may not repudiate any Trade placed by User via the Service. 4.3. FASTMATCH has no obligation to accept, or to execute or cancel, all or any part of a Trade that User seeks to execute or cancel through the Service. Without limitation of the foregoing, FASTMATCH has no responsibility for transmissions that are inaccurate or not received by us, and may execute any Trade on the terms actually received by FASTMATCH. FASTMATCH will be deemed to have accepted a User Order if a confirmation notice is sent by FASTMATCH, regardless of whether User receives such confirmation notice. and FASTMATCH’s electronic records of any User Order, Trade, price information, or any other data sent via API, shall be conclusive of the terms of such Trade, User Order, price information, or other data. 4.4. If User receives price information and execution services via FASTMATCH’s Application Programming Interface (“API”) for use via with a third party platform, such use shall also be included in the definition of Service herein. User shall agree to the following additional terms. (a) Each User Order submitted via API: is irrevocable once transmitted by User; is intended to be and shall be a valid User Order; is subject to FASTMATCH’s acceptance before becoming a valid Trade. (b) FASTMATCH will be deemed to have accepted a User Order if a confirmation notice is sent by FASTMATCH, regardless of whether User receives such confirmation notice. (c) Each Trade via API and each Trade entered into using User’s API shall be a User communication or transmission subject to the foregoing terms of governed by this Section 4Agreement.

Trade Obligations. 4.1. User shall be solely responsible for the performance of any and all Trades placed by User via the Service and, if applicable, any and all offsetting transactions between User and Prime Broker resulting from such Trades. User is obligated to accept all Trade executions that are consistent with the instructions contained in all User Orders (hereinafter defined). User acknowledges and agrees that FASTMATCH is not a party to any such Trades between User and other users.consistent 4.2. User represents, acknowledges and agrees that: (i) Prime Broker and FASTMATCH may rely on all communications, including, but not limited to, orders, Trade offers and Trade confirmations, from the time such communications have been received via the Service (each a “User Order”); (ii) neither Prime Broker nor FASTMATCH shall have a duty to verify User Orders once received via the Service; (iii) Prime Broker and FASTMATCH may act on User Orders, and any resulting Trades and other related rights and obligations shall be binding upon User; and (iv) User shall be bound by, liable for and may not repudiate any Trade placed by User via the Service. 4.3. FASTMATCH has no obligation to accept, or to execute or cancel, all or any part of a Trade that User seeks to execute or cancel through the Service. Without limitation of the foregoing, FASTMATCH has no responsibility for transmissions that are inaccurate or not received by us, and may execute any Trade on the terms actually received by FASTMATCH. FASTMATCH will be deemed to have accepted a User Order if a confirmation notice is sent by FASTMATCH, regardless of whether User receives such confirmation notice. FASTMATCH’s electronic records of any User Order, Trade, price information, or any other data sent via API, shall be conclusive of the terms of such Trade, User Order, price information, or other data, absent manifest error. 4.4. If User receives price information and execution services via FASTMATCH’s Application Programming Interface (“API”) for use via a third party platform, such use shall also be included in the definition of Service herein. Each User Order sent via API and each Trade entered into using User’s API shall be a User communication or transmission subject to the foregoing terms of this Section 4.