Common use of Price Errors Clause in Contracts

Price Errors. 15.1. ͞WƌŝĐmĞea ns aƌn ƌobŽvioƌus͟m isquote by NAGA, or any market, exchange, price providing information source or official on whom the Company reasonably relies, having regard to the market conditions at the time of a trade is placed. 15.2. When determining whether a situation amounts to a Price Error, NAGA may take into account all information in its possession including, without limitation, information concerning all relevant market conditions and any error in, or lack of clarity of, any information source or announcement. 15.3. NAGA will, when making a determination as to whether a situation amounts to a Price Error, act fairly towards the Client but the fact that the Client may have entered into a corresponding financial commitment, contract or trade in relation to an order placed with NAGA shall not be taken into account by the Company in determining whether there has been a Price Error. The Company reserves the right, without prior notice to: 15.3.1. Amend the details of such order to reflect what it reasonably considers in its discretion, acting in good faith, to have been the correct or fair terms of such order if the Price Error(s) has not occurred; 15.3.2. If the Client does not promptly agree to any amendment made which the Company proposes under this clause [which the Company will notify the Client via the Website and/or Platform(s)] the Company may void any transaction resulting from or deriving from a Price Error, such that the result is the same as if it had never been made; and/or 15.3.3. Not take any action at all. 15.4. NAGA may take any reasonable steps for any trades executed at prices resulting from a Price Error(s) (as defined herein), such as computer errors, misquotes or omissions, or at prices that are clearly at odds with the fair market prices. Acting reasonably and in good faith, the Company may take the following actions to trades based on a Price Error: 15.4.1. Void trade; 15.4.2. close the trade at the current market price; or 15.4.3. amend the opening and/or the closing price of the trade, as if it would have been executed in the absence of the Price Error. 15.5. NAGA will not be liable to the Client for any loss, cost, claim, demand or expense that they suffer (including loss of profits or any indirect or consequential losses) resulting from a Price Error, including where the Price Error is made by any information source or from the ŽŵƉĂŶLJ͛Ɛ ĚĞĐŝƐŝŽŶ -cƚlaŽuse 1Ě4.Ž3 a boĂveŶ, eLJxcƚepŚt tŝo tŶheŐex teƵntŶthĚatĞit ƌ ƐƵď is caused by the ŽŵƉĂŶLJf͛rauƐd, wŽilfuǁl dŶefault or gross negligence. 15.6. If a Price Error has occurred and the Company chooses to exercise any of its rights under sub- clause 14.3, and if the Client has received any monies from the Company in connection with the Price Error, those monies are due and payable to the Company with immediate effect, and the Client must return an equal sum to the Company without delay. 15.7. NAGA reserves the right to refuse any trades placed by the Client that it judges to be clearly outside the prevailing market price such that they may be deemed non-market price transactions, whether due to Price Error or stale, incorrect or broken price feeds.

Price Errors. 15.113.1. ͞WƌŝĐmĞea ns aƌn ƌobŽvioƌus͟m isquote by NAGA͞WƌŝĐĞ ƌƌŽƌ͟ ŵĞĂŶƐ ĂŶ Žďmaǀrkŝet,ŽeƵxchƐan geŵ, or any market, exchange, price providing pŝriƐceƋprƵovŽidƚingĞ ďLJ E information source or official on whom the Company we reasonably reliesrely, having regard to the market conditions at the time of a trade is placedplace. 15.213.2. When determining whether a situation amounts to a Price Error, NAGA may take into account all information in its possession including, without limitation, any information concerning all relevant market conditions and any error in, or lack of clarity of, as well as, any information source or announcement. 15.313.3. NAGA will, when When making a determination as to whether a situation amounts to a Price Error, ▇▇▇▇ will act fairly towards the Client you but the fact that the Client you may have entered into a corresponding financial commitment, contract or trade in relation to an order placed with NAGA shall not be taken into account by the Company us in determining whether there has been a Price Error. The Company reserves We reserve the right, without prior notice to: 15.3.113.3.1. Amend the details of such order to reflect what it we reasonably considers consider in its our discretion, acting in good faith, to have been the correct or fair terms of such order if the Price Error(s) has not occurred; 15.3.213.3.2. If the Client does you do not promptly agree to any amendment made which the Company proposes we propose under this clause [which the Company we will notify the Client you via the Website and/or Platform(s)) or any durable medium through which you obtain information] the Company we may void any transaction resulting from or deriving from a Price Error, such that the result is the same as if it had never been made; and/or 15.3.313.3.3. Not take any action at all. 15.413.4. NAGA may take any reasonable steps for any trades executed at prices resulting from a Price Error(s) (as defined herein), such as computer errors, misquotes or omissions, or at prices that are clearly at odds with the fair market prices. Acting reasonably and in good faith, the Company we may take the following actions to trades based on a Price Error: 15.4.1. Void trade; 15.4.2. close the trade at the current market price; or 15.4.3. amend the opening and/or the closing price of the trade, as if it would have been executed in the absence of the Price Error. 15.5. NAGA will not be liable to the Client for any loss, cost, claim, demand or expense that they suffer (including loss of profits or any indirect or consequential losses) resulting from a Price Error, including where the Price Error is made by any information source or from the ŽŵƉĂŶLJ͛Ɛ ĚĞĐŝƐŝŽŶ -cƚlaŽuse 1Ě4.Ž3 a boĂveŶ, eLJxcƚepŚt tŝo tŶheŐex teƵntŶthĚatĞit ƌ ƐƵď is caused by the ŽŵƉĂŶLJf͛rauƐd, wŽilfuǁl dŶefault or gross negligence. 15.6. If a Price Error has occurred and the Company chooses to exercise any of its rights under sub- clause 14.3, and if the Client has received any monies from the Company in connection with the Price Error, those monies are due and payable to the Company with immediate effect, and the Client must return an equal sum to the Company without delay. 15.7. NAGA reserves the right to refuse any trades placed by the Client that it judges to be clearly outside the prevailing market price such that they may be deemed non-market price transactions, whether due to Price Error or stale, incorrect or broken price feeds.