Common use of Trading Order Clause in Contracts

Trading Order. 4.1 The Client or the Client’s Authorised Person(s) may give to ZUNDIAO instructions (which ZUNDIAO may at its absolute discretion reject) to effect Securities or fund transactions for the Client. ZUNDIAO may act upon instructions given orally, in writing or electronically which comes from, or which ZUNDIAO reasonably believes to come from the Client or the Client’s Authorised Person(s) or to have been given on the Client’s behalf. ZUNDIAO may, but is not obliged to, verify the capacity of the person(s) giving those instructions. 4.2 Instructions given by the Client shall be irrevocable and may be given in writing, verbally, by facsimile or other electronic means, but in any case at Client's own risk. 4.3 Unless otherwise specified by the Client, the Client’s trading orders are good for the day. A good -till-cancelled order shall remain a pending order until duly cancelled by the Client. The order shall be subject to execution at any time prior to such cancellation and the Client hereby agrees to accept full responsibility for the transactions. Any instruction received after the close of a trading day shall be treated as that of the next trading day and valid for the next trading day only. 4.4 For any instruction, the name of the Client, the name of the Client's Authorised Person (or the name of the Authorised Persons if the Account Application states more than one Authorised Person or any person purporting to be acting on Client's authority) where such instruction is given by the Client's Authorised Person(s) or person purporting to be acting on Client's authority and the number of the relevant account opened with ZUNDIAO shall be quoted provided always that ZUNDIAO may but shall not be under any duty to verify or ensure as to the identity of the or any person giving such instruction and ZUNDIAO shall be entitled (but not obliged) to act on the same and rely on its belief that such instruction emanates from the Client, the Authorised Person(s) or any person purporting to be acting under Client's Authority. 4.5 Subject to Applicable Laws, any instruction given or purportedly given by Client, its Authorised Person(s) or persons purporting to be acting on Client's authority after: (a) the revocation of the authority of Authorised Person(s), any attorney, authorised representative or person; or (b) the filing of a petition in bankruptcy or winding-up or the commencement of liquidation or bankruptcy, as the case may be, in respect of the Client or the occurrence of any analogous event; (c) shall continue to be value and effective in ZUNDIAO's favour after the actual receipt by ZUNDIAO of a written notice informing ZUNDIAO of the occurrence of the relevant event from the Client (in the case of said revocation) or in case of the said liquidation or bankruptcy, the liquidator, the trustee in bankruptcy or similar officer. 4.6 If, in the opinion of ZUNDIAO, there is any ambiguity or conflict in any instructions given by the Client, the Authorised Person(s) or any person purporting to be acting under the Client’s authority, ZUNDIAO may choose: (a) not to act on such instructions until the ambiguity or conflict has been resolved to ZUNDIAO’s satisfaction; or (b) to act according to ZUNDIAO’s reasonable interpretation of the instruction, and ZUNDIAO shall not be responsible or liable howsoever for any loss or damage that the Client may sustain directly or indirectly as a result of ZUNDIAO making such choice or acting in accordance with it. 4.7 Until 1 day after actual receipt by ZUNDIAO of a written notice informing ZUNDIAO of the revocation of the authority of Authorised Person(s), any attorney, authorised representative or person, as the case may be, any instruction given by such persons shall be deemed to be given by the Client. ZUNDIAO shall be entitled to continue to treat such persons as authorised and the Client agrees to accept full responsibility and shall not later challenge the instructions given by the Authorised Person(s), any attorney, authorised representative or person. 4.8 ZUNDIAO shall act as the Client’s execution agent in effecting the Client’s Securities transactions in such manner and through any of itsAffiliates, members of any exchange or clearing house, or brokers in the relevant markets as ZUNDIAO may absolutely think fit, unless ZUNDIAO indicates to the Client in the relevant contract notes that ZUNDIAO is acting as principal to the Client’s transactions. Save as may be otherwise disclosed in the Schedule of Fees and Charges, ZUNDIAO shall not be accountable to the Client for any commissions, remuneration, profit or other benefits resulting from a principal transaction. 4.9 All Securities transactions which ZUNDIAO effects on the Client’s instructions shall be effected in accordance with the Market Requirements. 4.10 ZUNDIAO gives no warranty to the Client in respect of the value, merit or desirability of the Client’s Securities transactions and all securities transactions effected and actions taken by ZUNDIAO in accordance with the terms of business of any of its Affiliates, members of any exchange or clearing house, or brokers in the relevant markets and Market Requirements shall be binding on the Client in all respects. 4.11 The Client hereby irrevocably instructs and authorises ZUNDIAO (without prior notice to or consent from the Client), to combine the Client’s orders with the orders of other Clients or ZUNDIAO’s own orders for execution as ZUNDIAO may in its absolute discretion think fit or decide, which may result in a more or less favourable price being obtained for the Client than executing the Client’s orders separately. Where there are insufficient Securities, commodities to satisfy orders so combined, the transactions shall be allocated with priority given to Clients with due regard to market practice, applicable Market Requirements and fairness to all Clients of ZUNDIAO.

Trading Order. 4.1 The Client or the Client’s Authorised Person(s) may give to ZUNDIAO instructions (which ZUNDIAO ▇▇▇▇▇▇▇ may at its absolute discretion reject) to effect Securities or fund transactions for the Client. ZUNDIAO ▇▇▇▇▇▇▇ may act upon instructions given orally, in writing or electronically which comes from, or which ZUNDIAO ▇▇▇▇▇▇▇ reasonably believes to come from the Client or the Client’s Authorised Person(s) or to have been given on the Client’s behalf. ZUNDIAO may, but is not obliged to, verify the capacity of the person(s) giving those instructions. 4.2 Instructions given by the Client shall be irrevocable and may be given in writing, verbally, by facsimile or other electronic means, but in any case at Client's own risk. 4.3 Unless otherwise specified by the Client, the Client’s trading orders are good for the day. A good -till-cancelled order shall remain a pending order until duly cancelled by the Client. The order shall be subject to execution at any time prior to such cancellation and the Client hereby agrees to accept full responsibility for the transactions. Any instruction received after the close of a trading day shall be treated as that of the next trading day and valid for the next trading day only. 4.4 For any instruction, the name of the Client, the name of the Client's Authorised Person (or the name of the Authorised Persons if the Account Application states more than one Authorised Person or any person purporting to be acting on Client's authority) where such instruction is given by the Client's Authorised Person(s) or person purporting to be acting on Client's authority and the number of the relevant account opened with ZUNDIAO ▇▇▇▇▇▇▇ shall be quoted provided always that ZUNDIAO ▇▇▇▇▇▇▇ may but shall not be under any duty to verify or ensure as to the identity of the or any person giving such instruction and ZUNDIAO ▇▇▇▇▇▇▇ shall be entitled (but not obliged) to act on the same and rely on its belief that such instruction emanates from the Client, the Authorised Person(s) or any person purporting to be acting under Client's Authority. 4.5 Subject to Applicable Laws, any instruction given or purportedly given by Client, its Authorised Person(s) or persons purporting to be acting on Client's authority after: (a) the revocation of the authority of Authorised Person(s), any attorney, authorised representative or person; or (b) the filing of a petition in bankruptcy or winding-up or the commencement of liquidation or bankruptcy, as the case may be, in respect of the Client or the occurrence of any analogous event; (c) shall continue to be value and effective in ZUNDIAO's favour after the actual receipt by ZUNDIAO ▇▇▇▇▇▇▇ of a written notice informing ZUNDIAO ▇▇▇▇▇▇▇ of the occurrence of the relevant event from the Client (in the case of said revocation) or in case of the said liquidation or bankruptcy, the liquidator, the trustee in bankruptcy or similar officer. 4.6 If, in the opinion of ZUNDIAO▇▇▇▇▇▇▇, there is any ambiguity or conflict in any instructions given by the Client, the Authorised Person(s) or any person purporting to be acting under the Client’s authority, ZUNDIAO ▇▇▇▇▇▇▇ may choose: (a) not to act on such instructions until the ambiguity or conflict has been resolved to ZUNDIAO’s satisfaction; or (b) to act according to ZUNDIAO▇▇▇▇▇▇▇’s reasonable interpretation of the instruction, and ZUNDIAO ▇▇▇▇▇▇▇ shall not be responsible or liable howsoever for any loss or damage that the Client may sustain directly or indirectly as a result of ZUNDIAO making such choice or acting in accordance with it. 4.7 Until 1 day after actual receipt by ZUNDIAO ▇▇▇▇▇▇▇ of a written notice informing ZUNDIAO ▇▇▇▇▇▇▇ of the revocation of the authority of Authorised Person(s), any attorney, authorised representative or person, as the case may be, any instruction given by such persons shall be deemed to be given by the Client. ZUNDIAO ▇▇▇▇▇▇▇ shall be entitled to continue to treat such persons as authorised and the Client agrees to accept full responsibility and shall not later challenge the instructions given by the Authorised Person(s), any attorney, authorised representative or person. 4.8 ZUNDIAO shall act as the Client’s execution agent in effecting the Client’s Securities transactions in such manner and through any of itsAffiliates, members of any exchange or clearing house, or brokers in the relevant markets as ZUNDIAO may absolutely think fit, unless ZUNDIAO indicates to the Client in the relevant contract notes that ZUNDIAO ▇▇▇▇▇▇▇ is acting as principal to the Client’s transactions. Save as may be otherwise disclosed in the Schedule of Fees and Charges, ZUNDIAO shall not be accountable to the Client for any commissions, remuneration, profit or other benefits resulting from a principal transaction. 4.9 All Securities transactions which ZUNDIAO effects on the Client’s instructions shall be effected in accordance with the Market Requirements. 4.10 ZUNDIAO gives no warranty to the Client in respect of the value, merit or desirability of the Client’s Securities transactions and all securities transactions effected and actions taken by ZUNDIAO in accordance with the terms of business of any of its Affiliates, members of any exchange or clearing house, or brokers in the relevant markets and Market Requirements shall be binding on the Client in all respects. 4.11 The Client hereby irrevocably instructs and authorises ZUNDIAO ▇▇▇▇▇▇▇ (without prior notice to or consent from the Client), to combine the Client’s orders with the orders of other Clients or ZUNDIAO▇▇▇▇▇▇▇’s own orders for execution as ZUNDIAO ▇▇▇▇▇▇▇ may in its absolute discretion think fit or decide, which may result in a more or less favourable price being obtained for the Client than executing the Client’s orders separately. Where there are insufficient Securities, commodities to satisfy orders so combined, the transactions shall be allocated with priority given to Clients with due regard to market practice, applicable Market Requirements and fairness to all Clients of ZUNDIAO.