Common use of Without prejudice to Rule Clause in Contracts

Without prejudice to Rule. 1.01.2 or the benefit of any exclusion of liability in any contract or undertaking in favour of the Clearing House, the Clearing House accepts no duty to and therefore shall have no liability whatsoever to any Clearing Member or any Third Party in contract, tort, trust, as a fiduciary or under any other cause of action in respect of any damage, loss, cost or expense of whatsoever nature suffered or incurred by a Clearing Member or any Third Party, as the case may be, arising out of or in connection with: 1.01.3.1 any suspension, restriction or closure of any market whose contracts are cleared by or novated to the Clearing House (each a "Relevant Market"), whether for a temporary period or otherwise or as a result of a decision taken on the occurrence of a market emergency; 1.01.3.2 any failure by the Clearing House or any Relevant Market to supply each other with data or information in accordance with arrangements from time to time established between and/or amongst any or all such persons; 1.01.3.3 the failure of any systems, communications facilities or technology supplied, operated or used by the Clearing House; 1.01.3.4 the failure of any systems, communications facilities or technology supplied, operated or used by any Relevant Market; 1.01.3.5 the inaccuracy of any information supplied to and relied on by the Clearing House (including but not limited to any error in the establishment of a settlement price made by a Relevant Market) or a Relevant Market; 1.01.3.6 any event which is outside the reasonable control of the Clearing House; 1.01.3.7 the Clearing House’s clearing and settlement of Contracts, and all other matters as contemplated in this Rules; and 1.01.3.8 the exercise or non-exercise by the Clearing House of any discretion or decision making power under this Rules.

Without prejudice to Rule. 1.01.2 or the benefit of any exclusion of liability in any contract or undertaking in favour of the Clearing House, the Clearing House accepts no duty to and therefore shall have no liability whatsoever to any Clearing Member or any Third Party in contract, tort, trust, as a fiduciary or under any other cause of action in respect of any damage, loss, cost or expense of whatsoever nature suffered or incurred by a Clearing Member or any Third Party, as the case may be, arising out of or in connection with: 1.01.3.1 any suspension, restriction or closure of any market whose contracts are cleared by or novated to the Clearing House (each a "Relevant Market"), whether for a temporary period or otherwise or as a result of a decision taken on the occurrence of a market emergency; 1.01.3.2 any failure by the Clearing House or any Relevant Market to supply each other with data or information in accordance with arrangements from time to time established between and/or amongst any or all such persons; 1.01.3.3 the failure of any systems, communications facilities or technology supplied, operated or used by the Clearing House; 1.01.3.4 the failure of any systems, communications facilities or technology supplied, operated or used by any Relevant Market; 1.01.3.5 the inaccuracy of any information supplied to and relied on by the Clearing House (including but not limited to any error in the establishment of a settlement price made by a Relevant Market) or a Relevant Market; 1.01.3.6 any event which is outside the reasonable control of the Clearing House; 1.01.3.7 the Clearing House’s clearing and settlement of Contracts, and all other matters as contemplated in this Rules; and 1.01.3.8 the exercise or non-exercise by the Clearing House of any discretion or decision making power under this Rules.