Common use of Counterparty Risks Clause in Contracts

Counterparty Risks. Please ensure that you are aware of the identity of the contractual counterparty you are or may be matched with. Often, you will be purchasing an unsecured obligation of such counterparty (as opposed to an obligation of a central clearing corporation as would be the case with exchange traded futures and options) and you should evaluate the comparative credit risk. If your counterparty is the Company, you must note that the Company deals with you at arms length as your counterparty. Unless it agrees in writing or unless otherwise required by law, the Company is not your fiduciary, nor is it willing to accept any fiduciary obligations to you. Any dealing, trading or engagement or transaction with the Company by you could result in a loss to you and a gain to the Company. The Company does not and will not give you any advice whether written or oral other than the representations which will be expressly set forth in the relevant agreement, and any confirmation which may be signed or executed by you after negotiations with the Company as your counterparty. Your net returns from a transaction would also be affected by the transaction costs (i.e. commission, fees and other charges) charged by the Company. These costs must be considered in any risk assessment made by you. You should be aware that the Company is engaged in certain customer driven and proprietary activities in many markets. These general activities, as well as the Company’s hedging activities which are related to certain transactions entered into with you, may adversely affect the value of such transactions.

Counterparty Risks. Please ensure that you are aware of the identity of the contractual counterparty you are or may be matched with. Often, you will be purchasing an unsecured obligation of such counterparty (as opposed to an obligation of a central clearing corporation as would be the case with exchange traded futures and options) and you should evaluate the comparative credit risk. If your counterparty is the Company, you must note that the Company deals with you at arms length as your counterparty. Unless it agrees in writing or unless otherwise required by law, the Company is not your fiduciary, nor is it willing to accept any fiduciary obligations fiduciaryobligations to you. Any dealingAnydealing, trading or engagement or transaction with the Company by you could result in a loss lo s s to you and a gain to the Company. The Company does not and will not give you any advice whether written or oral other than the representations which will be expressly set forth in the relevant agreement, and any confirmation which may be signed or executed by you after negotiations with the Company as your counterparty. Your net returns from a transaction would also be affected by the transaction costs (i.e. commission, fees and other charges) charged by the Company. These costs must be considered in any risk assessment made by you. You should be aware that the Company is engaged in certain cer t a i n customer driven and proprietary activities in many marketsmar k et s . These general activities, as well as the Company’s hedging activities which are related to certain transactions entered into with you, may adversely affect the value of such transactions.