EXCEPTIONAL EVENTS. 26.1 We will not be liable to you for any delay in performance, or for the non-performance of any of our obligations under this Agreement by reason of any cause that is beyond our reasonable control, a "Force Majeure Event". 26.2 A Force Majeure Event will include, but is not limited to, the following: (a) any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the Instruments in respect of which we ordinarily deal in Transactions; (b) the suspension or closure of any market or the abandonment or failure of any event on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event; (c) the occurrence of an excessive movement in the level of any Transaction and/or the Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement; (d) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure; (e) failure of any relevant supplier, intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self- regulatory organisation, for any reason, to perform its obligations. 26.3 If we determine in our reasonable opinion that a Force Majeure Event has occurred or is occurring, and we deem such action necessary in our reasonable discretion to protect our interests or those of our clients and other customers, we may at any time and without notice: (a) treat any or all Transactions that are then outstanding as having been cancelled and terminated; (b) sell or otherwise convert any Position under our control into monies in such manner as we reasonably consider necessary or appropriate; and/or (c) close out, replace or reverse any or all Transactions, enter into any other Transaction or take, or refrain from taking, such other action at such times and in such manner as we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any contracts, Positions or commitments. 26.4 Upon the occurrence of a Force Majeure Event we will use commercially reasonable efforts to resume normal performance of the Trading Platform and will use our reasonable efforts to give you written notice that a Force Majeure Event has occurred. 26.5 In the case of a Force Majeure Event, you accept the risk of financial losses and will be liable for negative balances, which will become immediately due and payable.
Appears in 4 contracts
Sources: Retail Clients Terms of Business, Retail Clients Terms of Business, Retail Clients Terms of Business
EXCEPTIONAL EVENTS. 26.1 We will not be liable to you for any delay in performance, or for the non-performance of any of our obligations under this Agreement by reason of any cause that is beyond our reasonable control, a "Force Majeure Event".
26.2 A Force Majeure Event will include, but is not limited to, the following:
(a) any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the Instruments in respect of which we ordinarily deal in Transactions;
(b) the suspension or closure of any market or the abandonment or failure of any event on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;
(c) the occurrence of an excessive movement in the level of any Transaction and/or the Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement;
(d) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure;
(e) failure of any relevant supplier, intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self- regulatory organisation, for any reason, to perform its obligations.
26.3 If we determine in our reasonable opinion that a Force Majeure Event has occurred or is occurring, and we deem such action necessary in our reasonable discretion to protect our interests or those of our clients and other customers, we may at any time and without notice:
(a) treat any or all Transactions that are then outstanding as having been cancelled and terminated;
(b) sell or otherwise convert any Position under our control into monies in such manner as we reasonably consider necessary or appropriate; and/or
(c) close out, replace or reverse any or all Transactions, enter into any other Transaction or take, or refrain from taking, such other action at such times and in such manner as we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any contracts, Positions or commitments.
26.4 Upon the occurrence of a Force Majeure Event we will use commercially reasonable efforts to resume normal performance of the Trading Platform and will use our reasonable efforts to give you written notice that a Force Majeure Event has occurred.
26.5 In the case of a Force Majeure Event, you accept the risk of financial losses and will be liable for negative balances, which will become immediately due and payable.
Appears in 4 contracts
Sources: Terms of Business, Terms of Business, Terms of Business
EXCEPTIONAL EVENTS. 26.1 22.1 We will not be liable to you for any delay in performance, or for the non-non- performance of any of our obligations under this Agreement by reason of any cause that is beyond our reasonable control, a "Force Majeure Event".
26.2 22.2 A Force Majeure Event will include, but is not limited to, the following:
(a) any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the Instruments in respect of which we ordinarily deal in Transactions;
(b) the suspension or closure of any market or the abandonment or failure of any event on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;
(c) the occurrence of an excessive movement in the level of any Transaction and/or the Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement;
(d) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure;
; (e) failure of any relevant supplier, intermediate broker, agent or principal of ours, custodian, sub-sub- custodian, dealer, exchangeExchange, clearing house or regulatory or self- self-regulatory organisationorganization, for any reason, to perform its obligations; or
(f) the occurrence or continuation of any abnormal trading conditions.
26.3 22.3 If we determine in our reasonable opinion that a Force Majeure Event has occurred or is occurring, and we deem such action necessary in our reasonable discretion to protect our interests or those of our clients and other customers, we may at any time and without notice:
(a) Reduce leverage rates and thereby increase margin rates on both new and existing Positions;
(b) treat any or all Transactions that are then outstanding as having been cancelled and terminated;
(bc) sell or otherwise convert any Position under our control into monies in such manner as we reasonably consider necessary or appropriate; and/or
(cd) close out, replace or reverse any or all Transactions, enter into any other Transaction or take, or refrain from taking, such other action at such times and in such manner as we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any contracts, Positions or commitments.
26.4 22.4 Upon the occurrence of a Force Majeure Event we will use commercially reasonable efforts to resume normal performance of the Trading Platform and will use our reasonable efforts to give you written notice that a Force Majeure Event has occurred.
26.5 In the case of a Force Majeure Event, you accept the risk of financial losses and will be liable for negative balances, which will become immediately due and payable.
Appears in 2 contracts
Sources: Terms of Business, Terms of Business
EXCEPTIONAL EVENTS. 26.1 We will not be liable to you for any delay in performance, or for the non-performance of any of our obligations under this Agreement by reason of any cause that is beyond our reasonable control, a "Force Majeure Event".
26.2 A Force Majeure Event will include, but is not limited to, the following:
(a) any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the Instruments in respect of which we ordinarily deal in Transactions;
(b) the suspension or closure of any market or the abandonment or failure of any event on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;
(c) the occurrence of an excessive movement in the level of any Transaction and/or the Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement;
(d) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure;
(e) failure of any relevant supplier, intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, exchangeExchange, clearing house or regulatory or self- regulatory organisation, for any reason, to perform its obligations; or
(f) the occurrence or continuation of any abnormal trading conditions.
26.3 If we determine in our reasonable opinion that a Force Majeure Event has occurred or is occurring, and we deem such action necessary in our reasonable discretion to protect our interests or those of our clients and other customers, we may at any time and without notice:
(a) Reduce leverage rates and thereby increase margin rates on both new and existing Positions;
(b) treat any or all Transactions that are then outstanding as having been cancelled and terminated;
(bc) sell or otherwise convert any Position under our control into monies in such manner as we reasonably consider necessary or appropriate; and/or
and/or (cd) close out, replace or reverse any or all Transactions, enter into any other Transaction or take, or refrain from taking, such other action at such times and in such manner as we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any contracts, Positions or commitments.
26.4 Upon the occurrence of a Force Majeure Event we will use commercially reasonable efforts to resume normal performance of the Trading Platform and will use our reasonable efforts to give you written notice that a Force Majeure Event has occurred.
26.5 In the case of a Force Majeure Event, you accept the risk of financial losses and will be liable for negative balances, which will become immediately due and payable.
Appears in 2 contracts
Sources: Retail Clients Terms of Business, Retail Clients Terms of Business
EXCEPTIONAL EVENTS. 26.1 21.1. We will shall not be liable to you for any delay in performanceLoss caused directly or indirectly, by any breakdown or failure of any transmission or communication system or equipment or computer facility or trading software, whether belonging to us or our Affiliates (or other person connected to us), you, any Market, or any settlement or clearing system when you trade online (via internet) or for the non-performance of any cause preventing us from performing any or all of our obligations under this Agreement by reason obligations, any act of any cause that is beyond our reasonable controlGod, a "Force Majeure Event".
26.2 A Force Majeure Event will includewar terrorism, but is not limited tomalicious damage, the following:
(a) any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorismindustrial acts, warany Exceptional Market Event, industrial action, or acts and regulations of any governmental or supra national bodies or authorities) that, authorities which in our opinion, prevents us from maintaining opinion prevent an orderly market in one or more of the Instruments in respect of which we ordinarily deal in Transactions;relation to your Orders (each, an "Exceptional Event").
(b) the suspension or closure of any market or the abandonment or failure of any event on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;
(c) 21.2. Upon the occurrence of an excessive movement in the level of any Transaction and/or the Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement;
(d) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure;
(e) failure of any relevant supplier, intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self- regulatory organisation, for any reason, to perform its obligations.
26.3 If we determine in our reasonable opinion that a Force Majeure Event has occurred or is occurring, and we deem such action necessary in our reasonable discretion to protect our interests or those of our clients and other customersExceptional Event, we may at any time and without notice:
(a) treat any or all Transactions that are then outstanding as having been cancelled and terminated;
(b) sell or otherwise convert any Position under our control into monies in such manner as we reasonably consider necessary or appropriate; and/or
(c) close out, replace or reverse any or all Transactions, enter into any other Transaction or take, or refrain from taking, such other action at such times and in such manner as we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any contracts, Positions or commitments.
26.4 Upon the occurrence of a Force Majeure Event we will shall use commercially reasonable reasonably efforts to resume normal performance of the Trading Platform and will use our reasonable efforts endeavour to give you written notice that a Force Majeure an Exceptional Event has occurred, however, where we reasonably believe that immediate action is required to protect ourselves and/or our clients, we reserve the right to take any action under clause 21.3 without notice to you. In such an event, we will endeavour to provide notice as soon as reasonably practicable after the Exceptional Event.
26.5 In 21.3. Upon occurrence of an exceptional event, all of our obligations under these terms shall be immediately suspended for the case duration of a Force Majeure such exceptional event, additionally, we may take any one or more of the steps with or without notice to you:
a) alter normal trading times;
b) alter the margin requirements;
c) close any or all open positions cancel instructions and orders as we reasonably deem to be appropriate in the circumstances; and/or
d) take or omit all such other actions as we deem to be reasonably appropriate in the circumstances having regard to your open positions and the open positions of our other customers.
21.4. Upon the occurrence of an Exceptional Event, you accept may be obliged to deposit further Margin or close certain open positions at short notice in order to stop the risk of financial losses and will be liable for negative balancesExceptional Event causing you losses, which will become immediately due and payableor further losses, on your trading account.
Appears in 1 contract
Sources: Client Agreement
EXCEPTIONAL EVENTS. 26.1 We will not be liable to you for any delay in performance, or for the non-performance of any of our obligations under this Agreement by reason of any cause that is beyond our reasonable control, a "Force Majeure Event".
26.2 A Force Majeure Event will include, but is not limited to, the following:
(a) any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the Instruments in respect of which we ordinarily deal in Transactions;
(b) the suspension or closure of any market or the abandonment or failure of any event on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;
(c) the occurrence of an excessive movement in the level of any Transaction and/or the Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement;
(d) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure;
(e) failure of any relevant supplier, intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, exchangeExchange, clearing house or regulatory or self- self regulatory organisation, for any reason, to perform its obligations; or
(f) the occurrence or continuation of any abnormal trading conditions.
26.3 If we determine in our reasonable opinion that a Force Majeure Event has occurred or is occurring, and we deem such action necessary in our reasonable discretion to protect our interests or those of our clients and other customers, we may at any time and without notice:
(a) Reduce leverage rates and thereby increase margin rates on both new and existing Positions;
(b) treat any or all Transactions that are then outstanding as having been cancelled and terminated;
(bc) sell or otherwise convert any Position under our control into monies in such manner as we reasonably consider necessary or appropriate; and/or
and/or (cd) close out, replace or reverse any or all Transactions, enter into any other Transaction or take, or refrain from taking, such other action at such times and in such manner as we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any contracts, Positions or commitments.
26.4 Upon the occurrence of a Force Majeure Event we will use commercially reasonable efforts to resume normal performance of the Trading Platform and will use our reasonable efforts to give you written notice that a Force Majeure Event has occurred.
26.5 In the case of a Force Majeure Event, you accept the risk of financial losses and will be liable for negative balances, which will become immediately due and payable.
Appears in 1 contract
Sources: Retail Clients Terms of Business
EXCEPTIONAL EVENTS. 26.1 We will not be liable to you for any delay in performance, or for the non-performance of any of our obligations under this Agreement by reason of any cause that is beyond our reasonable control, a "Force Majeure Event".
26.2 A Force Majeure Event will include, but is not limited to, the following:
(a) any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the Instruments in respect of which we ordinarily deal in Transactions;
(b) the suspension or closure of any market or the abandonment or failure of any event on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;
(c) the occurrence of an excessive movement in the level of any Transaction and/or the Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement;
(d) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure;
(e) failure of any relevant supplier, intermediate broker, agent or principal of ours, custodian, sub-sub- custodian, dealer, exchange, clearing house or regulatory or self- regulatory selfregulatory organisation, for any reason, to perform its obligations.
26.3 If we determine in our reasonable opinion that a Force Majeure Event has occurred or is occurring, and we deem such action necessary in our reasonable discretion to protect our interests or those of our clients and other customers, we may at any time and without notice:
(a) treat any or all Transactions that are then outstanding as having been cancelled and terminated;
(b) sell or otherwise convert any Position under our control into monies in such manner as we reasonably consider necessary or appropriate; and/or
(c) close out, replace or reverse any or all Transactions, enter into any other Transaction or take, or refrain from taking, such other action at such times and in such manner as we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any contracts, Positions or commitments.
26.4 Upon the occurrence of a Force Majeure Event we will use commercially reasonable efforts to resume normal performance of the Trading Platform and will use our reasonable efforts to give you written notice that a Force Majeure Event has occurred.
26.5 In the case of a Force Majeure Event, you accept the risk of financial losses and will be liable for negative balances, which will become immediately due and payable.
Appears in 1 contract
Sources: Terms of Business
EXCEPTIONAL EVENTS. 26.1 We will not be liable to you for any delay in performance, or for the non-performance of any of our obligations under this Agreement by reason of any cause that is beyond our reasonable control, a "Force Majeure Event".
26.2 A Force Majeure Event will include, but is not limited to, the following:
(a) any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the Instruments in respect of which we ordinarily deal in Transactions;
(b) the suspension or closure of any market or the abandonment or failure of any event on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;
(c) the occurrence of an excessive movement in the level of any Transaction and/or the Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement;
(d) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure;
(e) failure of any relevant supplier, intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, exchangeExchange, clearing house or regulatory or self- regulatory organisation, for any reason, to perform its obligations; or
(f) the occurrence or continuation of any abnormal trading conditions.
26.3 If we determine in our reasonable opinion that a Force Majeure Event has occurred or is occurring, and we deem such action necessary in our reasonable discretion to protect our interests or those of our clients and other customers, we may at any time and without notice:
(a) Reduce leverage rates and thereby increase margin rates on both new and existing Positions;
(b) treat any or all Transactions that are then outstanding as having been cancelled and terminated;
(bc) sell or otherwise convert any Position under our control into monies in such manner as we reasonably consider necessary or appropriate; and/or
(cd) close out, replace or reverse any or all Transactions, enter into any other Transaction or take, or refrain from taking, such other action at such times and in such manner as we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any contracts, Positions or commitments.
26.4 Upon the occurrence of a Force Majeure Event we will use commercially reasonable efforts to resume normal performance of the Trading Platform and will use our reasonable efforts to give you written notice that a Force Majeure Event has occurred.
26.5 In the case of a Force Majeure Event, you accept the risk of financial losses and will be liable for negative balances, which will become immediately due and payable.
Appears in 1 contract
Sources: Retail Clients Terms of Business
EXCEPTIONAL EVENTS. 26.1 We will not be liable to you for any delay in performance, or for the non-performance of any of our obligations under this Agreement by reason of any cause that is beyond our reasonable control, a "Force Majeure Event".
26.2 A Force Majeure Event will include, but is not limited to, the following:
(a) any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the Instruments in respect of which we ordinarily deal in Transactions;
(b) the suspension or closure of any market or the abandonment or failure of any event on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;
(c) the occurrence of an excessive movement in the level of any Transaction and/or the Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement;
(d) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure;
(e) failure of any relevant supplier, intermediate broker, agent or principal of ours, custodian, sub-sub- custodian, dealer, exchangeExchange, clearing house or regulatory or self- regulatory organisation, for any reason, to perform its obligations; or
(f) the occurrence or continuation of any abnormal trading conditions.
26.3 If we determine in our reasonable opinion that a Force Majeure Event has occurred or is occurring, and we deem such action necessary in our reasonable discretion to protect our interests or those of our clients and other customers, we may at any time and without notice:
(a) Reduce leverage rates and thereby increase margin rates on both new and existing Positions;
(b) treat any or all Transactions that are then outstanding as having been cancelled and terminated;
(bc) sell or otherwise convert any Position under our control into monies in such manner as we reasonably consider necessary or appropriate; and/or
(cd) close out, replace or reverse any or all Transactions, enter into any other Transaction or take, or refrain from taking, such other action at such times and in such manner as we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any contracts, Positions or commitments.
26.4 Upon the occurrence of a Force Majeure Event we will use commercially reasonable efforts to resume normal performance of the Trading Platform and will use our reasonable efforts to give you written notice that a Force Majeure Event has occurred.
26.5 In the case of a Force Majeure Event, you accept the risk of financial losses and will be liable for negative balances, which will become immediately due and payable.
Appears in 1 contract
Sources: Retail Clients Terms of Business