Common use of Verification, etc Clause in Contracts

Verification, etc. of Confirmation (i) The Client is to review and verify the accuracy, correctness and completeness of each Confirmation immediately that it is made available. (ii) The Client acknowledges and agrees that, if the Client believes that any Confirmation is not accurate, complete or correct, the Client must notify PKF Capital in writing within one hour of the time of receipt of the relevant Confirmation. (iii) The Client acknowledges and agrees that if, after communicating to PKF Capital an offer (in accordance with clause 7.3(a)), the Client does not receive or have access to a Confirmation or a message from PKF Capital as specified by clause 7.3(b)(iii), then it is the Client’s responsibility to notify PKF Capital within one hour of the Client communicating such offer, whether by way of telephone, Electronic Trading Platform or otherwise. (iv) PKF Capital accepts no responsibility for mis-trades, errors in Confirmations or non-Confirmations if not notified within the period specified in accordance with sub-paragraphs (ii) and (iii). (v) The Client acknowledges and agrees that, if the Client fails so to notify PKF Capital within the specified period, the Confirmation is deemed to be conclusive and binding on the Client, except in the case of manifest error or fraud. (vi) The Client acknowledges and agrees that, notwithstanding any delay in the production of a Confirmation and absent any manifest error, such Confirmation is evidence of a Transaction between the parties.

Appears in 3 contracts

Samples: Client Agreement (Margin), Client Agreement, Client Agreement (Margin)

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Verification, etc. of Confirmation (i) The Client is to review and verify the accuracy, correctness and completeness of each Confirmation immediately that it is made available. (ii) The Client acknowledges and agrees that, if the Client believes that any Confirmation is not accurate, complete or correct, the Client must notify PKF Capital Velocity Trade in writing within one hour of the time of receipt of the relevant Confirmation. (iii) The Client acknowledges and agrees that if, after communicating to PKF Capital Velocity Trade an offer (in accordance with clause 7.3(a)), the Client does not receive or have access to a Confirmation or a message from PKF Capital Velocity Trade as specified by clause 7.3(b)(iii), then it is the Client’s responsibility to notify PKF Capital Velocity Trade within one hour of the Client communicating such offer, whether by way of telephone, Electronic Trading Platform or otherwise. (iv) PKF Capital Velocity Trade accepts no responsibility for mis-trades, errors in Confirmations or non-non- Confirmations if not notified within the period specified in accordance with sub-paragraphs (ii) and (iii). (v) The Client acknowledges and agrees that, if the Client fails so to notify PKF Capital Velocity Trade within the specified period, the Confirmation is deemed to be conclusive and binding on the Client, except in the case of manifest error or fraud. (vi) The Client acknowledges and agrees that, notwithstanding any delay in the production of a Confirmation and absent any manifest error, such Confirmation is evidence of a Transaction between the parties.

Appears in 1 contract

Samples: Client Agreement

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