MANIFEST ERROR Clause Samples

MANIFEST ERROR. 1We reserve the right to, without your consent, either void from the outset or amend the terms of any Transaction containing or based on any Manifest Error. If, in our discretion, we choose to amend the terms of any such Manifest Error the amended level will be such level as we reasonably believe would have been fair at the time the Transaction was entered into. In deciding whether an error is a Manifest Error we shall act reasonably and we may take into account any relevant information including, without limitation, the state of the Underlying Market at the time of the error or any error in, or lack of clarity of, any information source or pronouncement upon which we base our quoted prices. Any financial commitment that you have entered into or refrained from entering into in reliance on a Transaction with us will not be taken into account in deciding whether or not there has been a Manifest Error.

MANIFEST ERROR. 13.1. We may, without your consent, either determine a Transaction or Open Position from the outset or at any time amend the terms of any Transaction containing or based on any error that we reasonably believe to be a Manifest Error. 13.2. If, in our discretion, we choose to amend the terms of any such Transaction or Open Posi- tion due to a Manifest Error, the amended terms will be such level, as we reasonably be- lieve would have been fair at the time the Transaction was entered into had the Manifest Error not occurred. 13.3. In deciding whether an error is a Manifest Error we will act reasonably, and we may (but not obliged to) take into account any relevant factors including, without limitation, the state of the Underlying Market at the time of the Manifest Error or any error in, or lack of clarity of, any information source or pronouncement upon which we base our quoted prices. Any financial commitment that you have entered into or refrained from entering into in reliance on a Transaction with us will not be taken into account in deciding whether or not there has been a Manifest Error. 13.4. In the absence of our fraud, willful default or negligence, we will not be liable to you for any Loss, cost, claim, demand or expense following a determination of a Manifest Error (in- cluding where the Manifest Error is made by any information source, commentator or of- ficial on whom we reasonably rely) or any action (or omission) taken (or omitted) by as a result. 13.5. If a Manifest Error has occurred and we choose to exercise any of our rights under this clause or any other provision in this Agreement, and if you have received any monies from us in connection with the Manifest Error, you agree that those monies are due and payable to us on our written demand and you agree to return an equal sum of those monies to us within the period stated in our written demand. 13.6. If a Transaction or Open Position is based on a Manifest Error, we may (in addition to our other rights) without your consent do any or all of the following: a) amend the terms of a Transaction to reflect what we consider to have been the fair terms at the time the Transaction had been entered into had there been no Mani- fest Error; b) Close Out the Transaction and any Open Positions resulting from it; c) adjust or suspend your Account; d) treat the Transaction as void from its inception; e) refrain from taking action to amend or void the Transaction; or f) any other action that we believe is ...

MANIFEST ERROR. 19.1 The Company reserves the right to void ab initio any Contract involving or deriving from a manifest error. A “Manifest Error” means any error omission or misquote which is obvious or palpable. In deciding whether an error is a Manifest Error we may take into account any relevant information including the state of the Underlying Market at the time of the error. In making such a decision we will act in our sole discretion, reasonably and in good faith. Any financial commitment that you have entered into or refrained from entering into in reliance on a Contract with us will not be taken into account in deciding whether or not there has been a Manifest Error.

MANIFEST ERROR. An error, omission or obvious misquote by us, or any Market, price providing bank, information source, commentator, announcement, or official with whom we reasonably rely, having regard to the current Market conditions at the time an order is placed (a “Manifest Error”). A Manifest Error may include an incorrect price, date, time or Market, or any error or lack of clarity of any information, source, commentator, official result or announcement. When determining whether a situation amounts to a Manifest Error, we may take into account all information in our possession including, without limitation, information concerning all relevant Markets conditions and any error in, or lack of clarity of, any information source or announcement.

MANIFEST ERROR. To the extent it is determined in the period of time between the Signing Date and the applicable Other Implementation Date that the listing of a Subject Loan on a Schedule to this Agreement is the result of manifest error, the Parties agree to cooperate in good faith to correct such error, it being understood that if the applicable Other Implementation Date has occurred, and the Parties continue to dispute the listing of any Subject Loan, then Section 11(c) shall apply to such continuing dispute. For the avoidance of doubt, this Section 3(c) does not apply to a change in Category of a Subject Loan, any such change being subject to Section 3(a)(ii).

MANIFEST ERROR. ‌ 18.1 We reserve the right to, without your consent, either void from the outset or amend the terms of any Transaction containing or based on any Manifest Error. If, in our discretion, we choose to amend the terms of any such Manifest Error the amended level will be such level as we reasonably believe would have been fair at the time the Transaction was entered into. In deciding whether an error is a Manifest Error we shall act reasonably and we may take into account any relevant information including, without limitation, the state of the Underlying Market at the time of the error or any error in, or lack of clarity of, any information source or pronouncement upon which we base our quoted prices. Any financial commitment that you have entered into or refrained from entering into in reliance on a Transaction with us will not be taken into account in deciding whether or not there has been a Manifest Error. 18.2 In the absence of our fraud, omission, willful default or negligence, we will not be liable to you for any loss, cost, claim, demand or expense following a Manifest Error (including where the Manifest Error is made by any information source, commentator or official on whom we reasonably rely). 18.3 If a Manifest Error has occurred and we choose to exercise any of our rights under clause 18.1, and if you have received any monies from us in connection with the Manifest Error, you agree that those monies are due and payable to us and you agree to return an equal sum to us without delay without demand.

MANIFEST ERROR. 15.1. A Manifest Error is an error, omission or misquote (including any misquote by our dealer) which by fault of either of us or any third party is materially and clearly incorrect when taking into account market conditions and quotes in Markets or Underlying Instruments which prevailed at that time. It may include an incorrect price, date, time or Market or any error or lack of clarity of any information, source, commentator, official, official result or pronouncement. 15.2. If a Trade is based on a Manifest Error (regardless of whether you or we gain from the error) we may act reasonably and in good faith to: 15.2.1. void the Trade as if it had never taken place; 15.2.2. close the Trade or any Open Position resulting from it; or 15.2.3. amend the Trade so that its terms are the same as the Trade which would have been placed if there had been no Manifest Error. 15.3. We will exercise the rights in clause 15.2 as soon as reasonably practicable after we become aware of the Manifest Error. To the extent practicable we will give you prior notice of any action we take under this clause but if this is not practicable we will give you notice as soon as practicable afterwards. If you consider that a Trade is based on a Manifest Error, then you must notify us immediately. We will consider in good faith whether it is appropriate to take any action under this clause 15 taking into account all the information relating to the situation, including market conditions and your level of expertise. 15.4. In the absence of our fraud, wilful deceit or negligence, we will not be liable for any loss, costs, claims or demand for expenses resulting from a Manifest Error.

MANIFEST ERROR. 40.1 Sky Links Capital reserves the right to void or amend the terms of any Transaction that, in its reasonable discretion, contains or is based on an obvious or palpable error ("Manifest Error"), without requiring the Client’s consent. A Transaction affected by a Manifest Error shall be referred to as a "Manifestly Erroneous Transaction. 40.2 Sky Links Capital reserves the right to void or amend the terms of any Transaction it reasonably determines to be affected by a Manifest Error. If such an error is identified, the Company may either declare the Transaction void from the outset or adjust its terms to reflect what it considers to have been a fair market price at the time of execution. In making this determination, the Company shall act reasonably and may take into account relevant factors, including the state of the Underlying Market at the time of the error, as well as any discrepancies, inaccuracies, or ambiguities in market data, third-party pricing sources, or other information upon which its quoted prices were based. 40.3 Sky Links Capital shall not be liable for any loss, cost, claim, demand, or expense arising from or connected to a Manifest Error or a Manifestly Erroneous Transaction, except in cases of fraud, wilful misconduct, or gross negligence. The Client acknowledges that any financial commitment made, or refrained from being made, in reliance on such a Transaction shall not be considered in determining the existence of a Manifest Error. Sky Links Capital Limited is a Limited Company with Investment Dealer (Full Service Dealer excluding Underwriting) under License No. GB24202837 and is authorized and regulated by the Financial Services Commission (FSC) in Mauritius. ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Sky Links Capital FSC License Number: GB24202837 ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ +▇▇▇ ▇ ▇▇▇▇▇▇▇

MANIFEST ERROR. 1From time to time it is possible that errors may occur in the pricing of contracts. Notwithstanding the rights that you have under Applicable Regulations or law, we reserve the right to void, or to amend the terms of, any Transaction that we reasonably believe, at our sole reasonable discretion, to contain or be based on an obvious or palpable error (a “Manifest Error”). In deciding whether an error is a Manifest Error we may take into account any relevant information including: the state of the Underlying Market at the time of the error and any error within, or lack of clarity of, any information source or pronouncement. In deciding whether or not there has been a Manifest Error, we will make reasonable efforts to take into account any financial commitments that you have made or refrained from making in reliance on a Transaction.