Common use of DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY Clause in Contracts

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY. a) TRUSTED SOURCE ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT ICE TRADE VAULT MAKES NO WARRANTY WHATSOEVER TO TRUSTED SOURCE AS TO THE SYSTEM, OR THE ICE SDR SERVICE, EXPRESS OR IMPLIED, AND THAT THE SYSTEM, AND THE ICE SDR SERVICE ARE PROVIDED ON AN “AS IS” BASIS AT TRUSTED SOURCE’S SOLE RISK. ICE TRADE VAULT EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ICE TRADE VAULT NOR ITS MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY WITH RESPECT TO, AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO TRUSTED SOURCE (i) FOR THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE OR CONTINUED AVAILABILITY OF THE ICE SDR SERVICE, OR (ii) FOR DELAYS, OMIS- SIONS OR INTERRUPTIONS THEREIN. EXCEPT AS REQUIRED BY APPLICABLE LAW, ICE TRADE VAULT SHALL HAVE NO DUTY OR OBLIGATION TO VERIFY ANY INFORMATION SUBMITTED TO OR DISPLAYED VIA THE ICE SDR SERVICE. TRUSTED SOURCE ACKNOWLEDGES AND AGREES THAT ICE TRADE VAULT IS NOT AN ADVISOR OR FIDU- CIARY OF TRUSTED SOURCE OR ITS CUSTOMERS. WITHOUT LIMITATION OF THE FOREGOING, TRUSTED SOURCE ACKNOWLEDGES, AGREES AND ACCEPTS THAT ICE TRADE VAULT SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY MATTERS RELATED TO TRUSTED SOURCE’S RELATIONSHIP OR DEALINGS WITH ITS CUSTOMERS, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION SUBMITTED THROUGH THE SYSTEM IN CONNECTION WITH TRUSTED SOURCE’S USE OF THE ICE SDR SERVICE, ALL OF WHICH SHALL BE THE SOLE RESPONSIBILITY OF TRUSTED SOURCE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY. a) TRUSTED SOURCE a. PARTICIPANT ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT NEITHER ICE NOR ICE TRADE VAULT MAKES NO ANY WARRANTY WHATSOEVER TO TRUSTED SOURCE PARTICIPANT AS TO THE SYSTEM, OR THE ICE SDR SERVICELINK® TRADE VAULT REPORTING CONNECTIVITY, EXPRESS OR IMPLIED, AND THAT THE SYSTEM, AND THE ICE SDR SERVICE ARE LINK® TRADE VAULT REPORTING CONNECTIVITY IS PROVIDED ON AN “AS IS” BASIS AT TRUSTED SOURCEPARTICIPANT’S SOLE RISK. BOTH ICE AND ICE TRADE VAULT EXPRESSLY DISCLAIMS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ICE, ICE TRADE VAULT NOR ITS AND THEIR RESPECTIVE MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES OR AGENTS MAKE ANY NO WARRANTY WITH RESPECT TO, AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO TRUSTED SOURCE PARTICIPANT FOR, (i) FOR THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE OR CONTINUED AVAILABILITY OF THE ICE SDR SERVICELINK® TRADE VAULT REPORTING CONNECTIVITY, OR (ii) FOR DELAYS, OMIS- SIONS OMISSIONS OR INTERRUPTIONS THEREIN. EXCEPT AS REQUIRED BY APPLICABLE LAW, ICE TRADE VAULT SHALL HAVE NO DUTY OR OBLIGATION TO VERIFY ANY INFORMATION SUBMITTED TO OR DISPLAYED VIA THE ICE SDR SERVICE. TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES AND AGREES THAT ICE TRADE VAULT IS NOT AN ADVISOR OR FIDU- CIARY FIDUCIARY OF TRUSTED SOURCE OR ITS CUSTOMERSPARTICIPANT. WITHOUT LIMITATION OF THE FOREGOING, TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES, AGREES AND ACCEPTS THAT ICE TRADE VAULT SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY MATTERS RELATED TO TRUSTED SOURCEPARTICIPANT’S RELATIONSHIP OR DEALINGS WITH ITS CUSTOMERSICE TRADE VAULT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION SUBMITTED THROUGH BY ICE ON THE SYSTEM PARTICIPANT’S BEHALF TO ICE TRADE VAULT IN CONNECTION WITH TRUSTED SOURCEPARTICIPANT’S USE OF THE ICE SDR SERVICE, ALL OF WHICH SHALL BE THE SOLE RESPONSIBILITY OF TRUSTED SOURCE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWPARTICIPANT.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY. a) TRUSTED SOURCE a. PARTICIPANT ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT NEITHER ICE NOR ICE TRADE VAULT MAKES NO ANY WARRANTY WHATSOEVER TO TRUSTED SOURCE PARTICIPANT AS TO THE SYSTEM, OR THE ICE SDR SERVICEeCONFIRM TRADE VAULT REPORTING CONNECTIVITY, EXPRESS OR IMPLIED, AND THAT THE SYSTEM, AND THE ICE SDR SERVICE ARE eCONFIRM TRADE VAULT REPORTING CONNECTIVITY IS PROVIDED ON AN “AS IS” BASIS AT TRUSTED SOURCEPARTICIPANT’S SOLE RISK. BOTH ICE AND ICE TRADE VAULT EXPRESSLY DISCLAIMS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANT- ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ICE, ICE TRADE VAULT NOR ITS AND THEIR RESPECTIVE MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES OR AGENTS MAKE ANY NO WARRANTY WITH RESPECT TO, AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO TRUSTED SOURCE PARTICIPANT FOR, (i) FOR THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE OR CONTINUED AVAILABILITY OF THE ICE SDR SERVICEeCONFIRM TRADE VAULT REPORTING CONNECTIVITY, OR (ii) FOR DELAYS, OMIS- SIONS OMISSIONS OR INTERRUPTIONS THEREIN. EXCEPT AS REQUIRED BY APPLICABLE LAW, ICE TRADE VAULT SHALL HAVE NO DUTY OR OBLIGATION TO VERIFY ANY INFORMATION SUBMITTED TO OR DISPLAYED VIA THE ICE SDR SERVICE. TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES AND AGREES THAT ICE TRADE VAULT IS NOT AN ADVISOR OR FIDU- CIARY FIDUCIARY OF TRUSTED SOURCE OR ITS CUSTOMERSPARTICIPANT. WITHOUT LIMITATION OF THE FOREGOING, TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES, AGREES AND ACCEPTS THAT ICE TRADE VAULT SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY MATTERS RELATED TO TRUSTED SOURCEPARTICIPANT’S RELATIONSHIP OR DEALINGS WITH ITS CUSTOMERSICE TRADE VAULT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION SUBMITTED THROUGH BY ICE ON THE SYSTEM PARTICIPANT’S BEHALF TO ICE TRADE VAULT IN CONNECTION WITH TRUSTED SOURCEPARTICIPANT’S USE OF THE ICE SDR SERVICE, ALL OF WHICH SHALL BE THE SOLE RESPONSIBILITY OF TRUSTED SOURCE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWPARTICIPANT.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY. a) TRUSTED SOURCE a. PARTICIPANT ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT NEITHER ICE NOR ICE TRADE VAULT MAKES NO ANY WARRANTY WHATSOEVER TO TRUSTED SOURCE PARTICIPANT AS TO THE SYSTEM, OR THE ICE SDR SERVICELINK® TRADE VAULT REPORTING CONNECTIVITY, EXPRESS OR IMPLIED, AND THAT THE SYSTEM, AND THE ICE SDR SERVICE ARE LINK® TRADE VAULT REPORTING CONNECTIVITY IS PROVIDED ON AN “AS IS” BASIS AT TRUSTED SOURCEPARTICIPANT’S SOLE RISK. BOTH ICE AND ICE TRADE VAULT EXPRESSLY DISCLAIMS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ICE, ICE TRADE VAULT NOR ITS AND THEIR RESPECTIVE MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES OR AGENTS MAKE ANY NO WARRANTY WITH RESPECT TO, AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO TRUSTED SOURCE PARTICIPANT FOR, (i) FOR THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE OR CONTINUED AVAILABILITY OF THE ICE SDR SERVICELINK® TRADE VAULT REPORTING CONNECTIVITY, OR (ii) FOR DELAYS, OMIS- SIONS OMISSIONS OR INTERRUPTIONS THEREIN. EXCEPT AS REQUIRED BY APPLICABLE LAW, ICE TRADE VAULT SHALL HAVE NO DUTY OR OBLIGATION TO VERIFY ANY INFORMATION SUBMITTED TO OR DISPLAYED VIA THE ICE SDR SERVICE. TRUSTED SOURCE ACKNOWLEDGES PARTICIPANTACKNOWLEDGES AND AGREES THAT ICE TRADE VAULT THATICE IS NOT AN ADVISOR OR FIDU- CIARY FIDUCIARY OF TRUSTED SOURCE OR ITS CUSTOMERSPARTICIPANT. WITHOUT LIMITATION OF THE FOREGOING, TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES, AGREES AND ACCEPTS THAT ICE TRADE VAULT SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY MATTERS RELATED TO TRUSTED SOURCEPARTICIPANT’S RELATIONSHIP OR DEALINGS WITH ITS CUSTOMERSICE TRADE VAULT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION SUBMITTED THROUGH BY ICE ON THE SYSTEM PARTICIPANT’S BEHALF TO ICE TRADE VAULT IN CONNECTION WITH TRUSTED SOURCEPARTICIPANT’S USE OF THE ICE SDR SERVICE, ALL OF WHICH SHALL BE THE SOLE RESPONSIBILITY OF TRUSTED SOURCE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWPARTICIPANT.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY. a) TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT NEITHER ICE NOR ICE TRADE VAULT MAKES NO ANY WARRANTY WHATSOEVER TO TRUSTED SOURCE PARTICIPANT AS TO THE SYSTEM, OR THE ICE SDR SERVICEeCONFIRM TRADE VAULT REPORTING CONNECTIVITY, EXPRESS OR IMPLIED, AND THAT THE SYSTEM, AND THE ICE SDR SERVICE ARE eCONFIRM TRADE VAULT REPORTING CONNECTIVITY IS PROVIDED ON AN “AS IS” BASIS AT TRUSTED SOURCEPARTICIPANT’S SOLE RISK. BOTH ICE AND ICE TRADE VAULT EXPRESSLY DISCLAIMS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ICE, ICE TRADE VAULT NOR ITS AND THEIR RESPECTIVE MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES OR AGENTS MAKE ANY NO WARRANTY WITH RESPECT TO, AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO TRUSTED SOURCE PARTICIPANT FOR, (i) FOR THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE OR CONTINUED AVAILABILITY OF THE ICE SDR SERVICEeCONFIRM TRADE VAULT REPORTING CONNECTIVITY, OR (ii) FOR DELAYS, OMIS- SIONS OMISSIONS OR INTERRUPTIONS THEREIN. EXCEPT AS REQUIRED BY APPLICABLE LAW, ICE TRADE VAULT SHALL HAVE NO DUTY OR OBLIGATION TO VERIFY ANY INFORMATION SUBMITTED TO OR DISPLAYED VIA THE ICE SDR SERVICE. TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES AND AGREES THAT ICE TRADE VAULT IS NOT AN ADVISOR OR FIDU- CIARY FIDUCIARY OF TRUSTED SOURCE OR ITS CUSTOMERSPARTICIPANT. WITHOUT LIMITATION OF THE FOREGOING, TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES, AGREES AND ACCEPTS THAT ICE TRADE VAULT SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY MATTERS RELATED TO TRUSTED SOURCEPARTICIPANT’S RELATIONSHIP OR DEALINGS WITH ITS CUSTOMERSICE TRADE VAULT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION SUBMITTED THROUGH BY ICE ON THE SYSTEM PARTICIPANT’S BEHALF TO ICE TRADE VAULT IN CONNECTION WITH TRUSTED SOURCEPARTICIPANT’S USE OF THE ICE SDR SERVICE, ALL OF WHICH SHALL BE THE SOLE RESPONSIBILITY OF TRUSTED SOURCE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWPARTICIPANT.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY. a) TRUSTED SOURCE a. PARTICIPANT ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS AGREES THAT NEITHER ICE TRADE VAULT NOR ANY EXCHANGE MAKES NO ANY WARRANTY WHATSOEVER TO TRUSTED SOURCE PARTICIPANT AS TO THE SYSTEM, OR THE ICE SDR ETD UK EMIR TRADE REPORTING SERVICE, EXPRESS OR IMPLIED, AND THAT THE SYSTEM, AND THE ICE SDR ETD UK EMIR TRADE REPORTING SERVICE ARE IS PROVIDED ON AN “AS IS” BASIS AT TRUSTED SOURCEPARTICIPANT’S SOLE RISK. EACH OF ICE TRADE VAULT AND THE EXCHANGES EXPRESSLY DISCLAIMS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ICE TRADE VAULT NOR ITS ANY EXCHANGE, NOR ANY OF THEIR RESPECTIVE MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES OR AGENTS MAKE AGENTS, MAKES ANY WARRANTY WITH RESPECT TO, AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO TRUSTED SOURCE PARTICIPANT FOR, (i) FOR THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE OR CONTINUED AVAILABILITY OF THE ICE SDR ETD UK EMIR TRADE REPORTING SERVICE, OR (ii) FOR DELAYS, OMIS- SIONS OMISSIONS OR INTERRUPTIONS THEREIN. EXCEPT AS REQUIRED BY APPLICABLE LAW, NEITHER ICE TRADE VAULT NOR ANY EXCHANGE SHALL HAVE NO ANY DUTY OR OBLIGATION TO VERIFY ANY INFORMATION SUBMITTED TO OR DISPLAYED VIA OR IN CONNECTION WITH THE ICE SDR ETD UK EMIR TRADE REPORTING SERVICE. TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES AND AGREES THAT EACH OF ICE TRADE VAULT AND THE EXCHANGES IS NOT AN ADVISOR OR FIDU- CIARY FIDUCIARY OF TRUSTED SOURCE OR ITS CUSTOMERSPARTICIPANT. WITHOUT LIMITATION OF THE FOREGOING, TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES, AGREES AND ACCEPTS THAT NEITHER ICE TRADE VAULT NOR ANY EXCHANGE SHALL HAVE NO ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY MATTERS RELATED TO TRUSTED SOURCEPARTICIPANT’S RELATIONSHIP OR DEALINGS WITH ITS CUSTOMERSICE TRADE VAULT OR THE EXCHANGES, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION SUBMITTED THROUGH MADE AVAILABLE, OR CAUSED TO BE MADE AVAILABLE, TO ICE TRADE VAULT ON PARTICIPANT’S INSTRUCTION BY THE SYSTEM EXCHANGES OR ONE OR MORE OF THEIR AFFILIATES, IN CONNECTION WITH TRUSTED SOURCEPARTICIPANT’S USE OF THE ICE SDR ETD UK EMIR TRADE REPORTING SERVICE, ALL OF WHICH SHALL BE THE SOLE RESPONSIBILITY OF TRUSTED SOURCE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWPARTICIPANT.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY. a) TRUSTED SOURCE ACKNOWLEDGESEXCEPT AS PROVIDED HEREIN, UNDERSTANDS DISTRIBUTOR AND ACCEPTS THAT ICE TRADE VAULT MAKES NO WARRANTY WHATSOEVER TO TRUSTED SOURCE AS TO THE SYSTEMITS AFFILIATES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY STATUTORY OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. THE ICE SDR SERVICE, EXPRESS OR IMPLIED, AND THAT THE SYSTEM, AND THE ICE SDR SERVICE DEVICES ARE PROVIDED TO USER ON AN “AS IS” BASIS AT TRUSTED SOURCE’S SOLE RISKBASIS. ICE TRADE VAULT EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES REMEDIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ICE TRADE VAULT NOR ITS MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY WITH RESPECT TO, USER SET FORTH HEREIN AND NO SUCH PARTY SHALL HAVE ANY LIABILITY AGREED TO TRUSTED SOURCE (i) FOR THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE OR CONTINUED AVAILABILITY OF THE ICE SDR SERVICE, OR (ii) FOR DELAYS, OMIS- SIONS OR INTERRUPTIONS THEREIN. EXCEPT AS REQUIRED BY APPLICABLE LAW, ICE TRADE VAULT SHALL HAVE NO DUTY OR OBLIGATION TO VERIFY ANY INFORMATION SUBMITTED TO OR DISPLAYED VIA THE ICE SDR SERVICE. TRUSTED SOURCE ACKNOWLEDGES AND AGREES THAT ICE TRADE VAULT IS NOT AN ADVISOR OR FIDU- CIARY OF TRUSTED SOURCE OR ITS CUSTOMERS. WITHOUT LIMITATION OF THE FOREGOING, TRUSTED SOURCE ACKNOWLEDGES, AGREES AND ACCEPTS THAT ICE TRADE VAULT SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY MATTERS RELATED TO TRUSTED SOURCE’S RELATIONSHIP OR DEALINGS WITH ITS CUSTOMERS, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION SUBMITTED THROUGH THE SYSTEM IN CONNECTION WITH TRUSTED SOURCE’S USE OF THE ICE SDR SERVICE, ALL OF WHICH WRITING SHALL BE THE SOLE RESPONSIBILITY AND EXCLUSIVE REMEDIES AND SHALL NOT BE DEEMED TO HAVE FAILED OF TRUSTED SOURCE UNLESS OTHERWISE REQUIRED ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THIS AGREEMENT, USERS’ TOTAL CLAIM UNDER ANY AND ALL THEORIES OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY CAUSE OF ACTION ARISING OUT OF THE DEVICES OR THIS AGREEMENT, SHALL NOT EXCEED THE AMOUNT OF RENT PAID BY APPLICABLE LAW.USER DURING THE IMMEDIATELY PRECEDING 6-MONTH PERIOD FOR THE PARTICULAR PRODUCT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL USER BE ENTITLED TO ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR CONTINGENT DAMAGES WHATSOEVER WITH RESPECT TO CLAIMS MADE WITH RESPECT TO THE DEVICES OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR LOSS OF USE, LOST REVENUES OR LOST PROFITS, OR FOR THE PAYMENT OR AWARDING OF ANY PRIZES, OR LOSSES SUSTAINED AS THE RESULT OF INJURY (INCLUDING DEATH) TO ANY PERSON OR DAMAGE TO ANY PROPERTY. ANY CAUSE OF ACTION ARISING FROM OR RELATING TO THE DEVICES OR AN ALLEGED BREACH OF THIS AGREEMENT BY DISTRIBUTOR MUST BE BROUGHT WITHIN 1

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY. a) TRUSTED SOURCE a. PARTICIPANT ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT NEITHER ICE NOR ICE TRADE VAULT MAKES NO ANY WARRANTY WHATSOEVER TO TRUSTED SOURCE PARTICIPANT AS TO THE SYSTEM, OR THE ICE SDR SERVICEeCONFIRM TRADE VAULT REPORTING CONNECTIVITY, EXPRESS OR IMPLIED, AND THAT THE SYSTEM, AND THE ICE SDR SERVICE ARE eCONFIRM TRADE VAULT REPORTING CONNECTIVITY IS PROVIDED ON AN “AS IS” BASIS AT TRUSTED SOURCEPARTICIPANT’S SOLE RISK. BOTH ICE AND ICE TRADE VAULT EXPRESSLY DISCLAIMS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANT- ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ICE, ICE TRADE VAULT NOR ITS AND THEIR RESPECTIVE MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES OR AGENTS MAKE ANY NO WARRANTY WITH RESPECT TO, AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO TRUSTED SOURCE PARTICIPANT FOR, (i) FOR THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE OR CONTINUED AVAILABILITY OF THE ICE SDR SERVICEeCONFIRM TRADE VAULT REPORTING CONNECTIVITY, OR (ii) FOR DELAYS, OMIS- SIONS OMISSIONS OR INTERRUPTIONS THEREIN. EXCEPT AS REQUIRED BY APPLICABLE LAW, ICE TRADE VAULT SHALL HAVE NO DUTY OR OBLIGATION TO VERIFY ANY INFORMATION SUBMITTED TO OR DISPLAYED VIA THE ICE SDR SERVICE. TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES AND AGREES THAT ICE TRADE VAULT IS NOT AN ADVISOR OR FIDU- CIARY FIDUCIARY OF TRUSTED SOURCE OR ITS CUSTOMERSPARTICIPANT. WITHOUT Part 1 LIMITATION OF THE FOREGOING, TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES, AGREES AND ACCEPTS THAT ICE TRADE VAULT SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY MATTERS RELATED TO TRUSTED SOURCEPARTICIPANT’S RELATIONSHIP OR DEALINGS WITH ITS CUSTOMERSICE TRADE VAULT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION SUBMITTED THROUGH BY ICE ON THE SYSTEM PARTICIPANT’S BEHALF TO ICE TRADE VAULT IN CONNECTION WITH TRUSTED SOURCEPARTICIPANT’S USE OF THE ICE SDR SERVICE, ALL OF WHICH SHALL BE THE SOLE RESPONSIBILITY OF TRUSTED SOURCE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWPARTICIPANT.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY. a) TRUSTED SOURCE a. PARTICIPANT ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT NEITHER ICE NOR ICE TRADE VAULT MAKES NO ANY WARRANTY WHATSOEVER TO TRUSTED SOURCE PARTICIPANT AS TO THE SYSTEM, OR THE ICE SDR SERVICEeCONFIRM TRADE VAULT REPORTING CONNECTIVITY, EXPRESS OR IMPLIED, AND THAT THE SYSTEM, AND THE ICE SDR SERVICE ARE eCONFIRM TRADE VAULT REPORTING CONNECTIVITY IS PROVIDED ON AN “AS IS” BASIS AT TRUSTED SOURCEPARTICIPANT’S SOLE RISK. BOTH ICE AND ICE TRADE VAULT EXPRESSLY DISCLAIMS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ICE, ICE TRADE VAULT NOR ITS AND THEIR RESPECTIVE MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, EMPLOYEES EMPLOY- EES OR AGENTS MAKE ANY NO WARRANTY WITH RESPECT TO, AND NO SUCH PARTY SHALL HAVE ANY LIABILITY TO TRUSTED SOURCE PARTICIPANT FOR, (i) FOR THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE OR CONTINUED AVAILABILITY OF THE ICE SDR SERVICEeCONFIRM TRADE VAULT REPORTING CONNECTIVITY, OR (ii) FOR DELAYS, OMIS- SIONS OMISSIONS OR INTERRUPTIONS THEREIN. EXCEPT AS REQUIRED BY APPLICABLE LAW, ICE TRADE VAULT SHALL HAVE NO DUTY OR OBLIGATION TO VERIFY ANY INFORMATION SUBMITTED TO OR DISPLAYED VIA THE ICE SDR EUROPE TR SERVICE. TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES AND AGREES THAT ICE TRADE VAULT IS NOT AN ADVISOR OR FIDU- CIARY FIDUCIARY OF TRUSTED SOURCE OR ITS CUSTOMERSPARTICIPANT. WITHOUT LIMITATION OF THE FOREGOING, TRUSTED SOURCE PARTICIPANT ACKNOWLEDGES, AGREES AND ACCEPTS THAT ICE TRADE VAULT SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY MATTERS RELATED TO TRUSTED SOURCEPARTICIPANT’S RELATIONSHIP OR DEALINGS WITH ITS CUSTOMERSICE TRADE VAULT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY INFORMATION SUBMITTED THROUGH BY ICE ON THE SYSTEM PARTICIPANT’S BEHALF TO ICE TRADE VAULT IN CONNECTION WITH TRUSTED SOURCEPARTICIPANT’S USE OF THE ICE SDR EUROPE TR SERVICE, ALL OF WHICH SHALL BE THE SOLE RESPONSIBILITY OF TRUSTED SOURCE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWPARTICIPANT.