1.6 Exclusion of Liability

1.6.1           The business on the Market or through any other facility provided by the Exchange may from time to time be suspended or restricted or such facilities (including, without limit, the Market) may from time to time be closed for any period. Without prejudice to the generality of the foregoing, this may occur as a result of the occurrence of one or more events which require action to be taken by the Exchange under the Rules or otherwise in the interests of maintaining a fair and orderly market. Any such action may result in the inability of one or more Members and through such Member one or more clients to enter into Contracts on the Market in accordance with the Rules.

 

1.6.2           Unless otherwise expressly provided in the Rules or in any other agreement to which the Exchange is a party, neither the Exchange nor its officers, employees, agents or representatives shall be liable to any Member or client for any loss, damage, injury or delay (including any indirect or consequential loss, including without limitation, any loss of profit) arising from or in connection with the Trading Facilities including but not limited to the Cleartrade Platform or the occurrence of a temporary or longer  suspension, restriction or closure of business on the Market or the Trading Facilities or any act or omission of the Exchange, its officers, employees, agents or representatives under the Rules or pursuant to the Exchange’s obligations under statute or from any breach of contract by or any negligence howsoever arising of the Exchange, its officers, employees, agents or representatives which may prevent or hinder a Member or, through a Member, a client from entering into or closing out a Contract or otherwise affect a Member or client.

 

1.6.3           Rule 1 (General Rules) shall be without prejudice to the provisions of the Electronic User Agreement regarding liability of the Exchange. Nothing in Rule 1 (General Rules) shall operate to exclude the Exchange’s liability where such liability cannot be legally excluded under law.

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