Neither we nor any other Citi Company shall be liable to account to you for any benefit made or received by us or them in such circumstances. We have policies and procedures to identify, consider and manage potential conflicts of interest and protect the integrity of our relationships with our clients. Citi Company 8 - - Personnel must comply with such policies and procedures and may not do anything directly or indirectly that is prohibited thereunder. We shall have the right to limit the size of your Open Positions and to take such action as we think fit in our discretion to ensure these limits are maintained, including to Close Out any Open Position.
We shall use reasonable efforts promptly to notify you of such event, but will not be liable for any Loss incurred by you as a result of such action or any failure to notify. Such Open Positions will be subject to Applicable Law and will reflect our rights and obligations under our Market Contract.
Any action that affects any such Market Contract shall be binding on the corresponding Open Position with you. Margin, Collateral and Client Assets Where we agree to accept securities as Collateral, you shall transfer to us such Collateral with full title guarantee free from any adverse interest other than a lien routinely imposed on all securities in a clearing system in which such securities may be held. We may retain for our own account all Fees, profits and other benefits received in connection with any such action.
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Upon such action, such assets will become our own property or that of our transferee and you will thereupon have a right against us for the return of equivalent assets. Where we do grant a security interest over such assets, in the unlikely event that we default, part of the proceeds of sale of your assets which exceeds your obligations to us, if any, will be subject to the pooling rules in the Rules. This means that it will be made available to meet the claims of all customers in respect of whom client money is or should be held.
Client Money Accordingly, Citibank, N. In particular, we shall not segregate your client money from ours and we shall not be liable to account to you for any profits made by our use as a banker of such funds. The remainder of this Clause 11 shall not apply to client money held by Citibank, N. Equity Limited, we shall treat such client money as client money in accordance with the Client Money Rules and the remainder of this Clause 11 shall apply to client money held by Citigroup Global Markets Limited and Citigroup Global Markets U. Equity Limited. In the event of the failure of such person, your client money may be treated in a different manner from that which would apply if the client money were held by a person located in the United Kingdom.
Equivalent client money will, however, remain owing to you and we will make and retain records of all balances released from client bank accounts and we undertake to make good any valid claims against any released balances. Custody Where we do so, we will open, or cause to be opened, such Accounts as are required, each Account to be segregated, unless otherwise stated herein, from our assets.
Normally, your Custody Assets will be held in your name or in the name of an eligible nominee. However, where Custody Assets are subject to the law or market practice outside the United Kingdom and it is in your best interest to do so or is not feasible to do otherwise, we may register or record your Custody Assets in the name of the custodian or our name. If Custody Assets are held in our name, such Custody Assets may not be segregated from our assets and, in the event of a default by us, may not be as well protected from claims of our creditors.
We may, where you provide us with written instructions to that effect, register your Custody Assets in another name. The consequences of doing so are entirely at your own risk. Where we hold them in accordance with your written instructions, the consequences of doing so are entirely at your own risk. We shall endeavour to accommodate your urgent delivery or receipt requirements.
We may pool your Custody Assets with those belonging to other of our customers.
Any shortfall in the Custody Assets of customers registered in the name of a nominee may be shared pro rata among all customers whose Custody Assets are so registered. Custody Assets shown on those statements will be valued by reference to the then market values or as otherwise indicated therein. In such case, delivery or payment as the case may be by such counterparty shall be entirely at your risk.
Our obligation to deliver cash or securities to you shall be conditional upon receipt by us of the deliverable documents, securities, assets or sale proceeds as the case may be from the other party or parties to the Transaction. In such event, you agree to pay such additional amounts as will result in the net amounts received by us, the Citi Company, or the third party, as applicable after taking into account such withholding or deduction being equal to such amounts as would have been received had such withholding or deduction not taken place.
In such event, we shall be entitled to reverse accounting entries and recover monies or investments from you if actual settlement is delayed or does not, after a reasonable period of time, take place. In addition, you agree to repay or deliver to us any monies or investments that are paid or delivered to you in error and you specifically authorise us to make any Account entries to reflect the same. Such interest will be payable on demand and may be deducted by us from any amount due to you from us, any Citi Company or any third party, as applicable, and from any Account and you expressly authorise us to make any Account entries to reflect the same.
Security and Our Rights on Default On the occurrence of any of the events specified in Clause The powers conferred by Clause The Security Interest shall be in addition to and shall not prejudice any other security, guarantee, indemnity, right or remedy of whatever nature which any Citi Company may now or at any time have in respect of the Liabilities. Early Settlement, Netting and Set-Off Terminated Transactions will be Closed Out on the Early Settlement Date and all other sums due or to become due to us or any other Citi Company shall become immediately due and payable.
Any such calculation shall take into account any close out and netting arrangements in any relevant documentation relating to a Terminated Transaction which arrangements shall, for the avoidance of doubt, prevail. In determining any Citi Company Loss in respect of a Terminated Transaction, we may take account of any Losses incurred as a result of establishing or Closing Out any hedge or related trading position; The owing party shall pay the Settlement Amount or other net amount on the date specified in the notice, which shall be not less than two days after the date of the notice.
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Compliance with Applicable Laws No Citi Company nor any of its Personnel shall be liable as a result of taking or refraining from taking any action in good faith in the circumstances contemplated by this Clause Limitations of Liability In particular, without limitation, other than as set out herein, no Citi Company guarantees or shall incur any liability in respect of the performance of any contract or performance or insolvency of any Market, bank, custodian, nominee, broker or other third party. We provide no indemnity of any kind with respect to any other matter.
Confidentiality and Use of Personal Data Each party shall treat as confidential during, and after the termination of, the relationship between us any information learned about the other, its clients, technology, investment strategy or holdings or its products or services in the course of such relationship under these Terms and, except in accordance with this Clause Each party may disclose such confidential information to its Personnel and professional advisors on a need to know basis and subject to these obligations of confidentiality.
We may disclose your confidential information to a Citi Company, its Personnel and agents and principals for the purposes of providing services to you pursuant to these Terms. These obligations shall not apply to information which i is, or becomes, known to the public, other than as a result of a breach of this Clause You consent for the purposes of our providing services to you pursuant to these Terms or otherwise and administering our business in relation thereto that: You are entitled to receive information identifying the data controller and about the processing of data concerning you.
If any personal data including sensitive personal data belonging to your Personnel, clients, customers or other individuals is provided to or for us by you or them: Absent contrary evidence, our records of such Communications shall be our sole property and accepted by you as conclusive evidence of their content. Provision of Services via a System Access to a System may be through a system or other medium provided by a third party vendor, in which case your access may be subject to the additional terms and conditions of the relevant vendor.
You agree that you shall use any System solely for your own internal use and only in conformity with these Terms and any Systems Manuals from time to time in force. Market Data displayed by a System may differ from that available from other channels, including, for example, a Citi Company sales representative.
You also shall be responsible for all administration and use by you of each System, including, without limitation, all record keeping, data file back-ups and maintenance.
You shall provide us with all details required by us to permit access to each System from time to time and shall keep all such information up to date and accurate and you acknowledge that your failure to do so may result in your not being able to access such System. All stock market information provided by BK-C available enabling the chances of high profits, but also include Risiken.
For futures, CFDs and options of loss can be higher than the capital invested. The exchange information provided by BK-C available in no way advice line, a call for individual or general reproduction, even implicitly, represent. Trading suggestions or other information is not an invitation to buy or sell any securities or financial derivative products.
Liability for direct and indirect consequences of the contents is excluded. Readers who make transactions because recommended by BK-C investment decisions, acting in full on their own risk. Only Customers who gem. The customer is at your own risk and at your own risk. A guarantee for the completeness and accuracy of the content can not be taken over by BK-C. Furthermore BK-C is not liable for damages of subscribers that arise that the subscriber trusts that the information is complete and correct it. BK-C is not liable for damage caused by acts of God, war or natural events or due to other events beyond the reasonable.
BK-C indicates that information may coincide with those of other information services. Should individual provisions of the contract or the terms and conditions be incomplete or invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to agree instead of a cut correspond arrangements as equal as possible coming provision. Der Widerruf ist zu richten an:.
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Die in diesem Vertrag niedergelegten Vereinbarungen beider Vertragspartner sowie alle weiteren Vereinbarungen unterliegen deutschem Recht. Herzogenaurach 0,0 ,0 ,0 Schaeffler Verwaltungs GmbH Herzogenaurach ,0 0,0 ,0 1 Die Prozentzahlen sind gerundet. Falls jedoch die unter Artikel 22 Abs. Dezember Sechsmonatszeitraum endend am Dezember Zum Juni Mio.