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<%@ taglib uri="tiles.tld" prefix="tiles" %>
<%@ page import="com.nymex.util.Constants"%>
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AUTHORIZATION
AND RELEASE FOR PROVISION OF DATA TO CONFIRMHUB Last Updated: 10/17/2008
Pursuant to the
terms of this agreement ("Agreement") as set forth below, the market
participant ("Market Participant") hereby acknowledges, accepts and
agrees to the following:
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| 1. |
Market Participant authorizes CME Group Inc. and all of its affiliates (collectively, "CME
Group" or "Exchange") to distribute, to ConfirmHub, LLC ("ConfirmHub")
and the ConfirmHub trade confirmation system (the "ConfirmHub System"),
any and all data pertaining to Market Participant's activities conducted at or
on the Exchange.
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| 2. |
Market Participant fully and completely waives, releases and forever discharges CME
Group and all of CME Group's officers, directors, shareholders, employees,
attorneys, members, agents, representatives and assigns from all claims,
actions, causes of action, damages, attorneys' fees, debts and any demands
whatsoever, in law, admiralty or equity, arising from or related to distribution
of data to and use of the ConfirmHub System, that Market Participant and/or
Market Participant's successors and assigns ever had, now have or hereafter can,
shall or may have.
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| 3. |
Market Participant acknowledges that CME Group does not guarantee continuous,
uninterrupted service and acknowledges that transmission of data on any
electronic system may be subject to: interruption; interference; blackout;
failure; systems or service unavailability or failure; hardware or software
malfunction or failure; interception by third parties; unauthorized access;
theft; modification or inaccuracy. Market Participant acknowledges that the
reliability, availability, performance and other aspects of the ConfirmHub
System are the responsibility and under the control of ConfirmHub and are beyond
CME Group�s control.
Information
provided to and viewed through the ConfirmHub System is not verified or
guaranteed by CME Group for accuracy.
Market
Participant further acknowledges that the reliability, availability, performance
and other aspects of the Internet are beyond CME Group's reasonable control.
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| 4. |
CME Group
reserves the right to immediately cease submitting any or all Market Participant
data to the ConfirmHub System should Market Participant violate or fail to meet
any of the terms and conditions of this Agreement or otherwise engages in any
activity deemed by the Exchange to adversely impact the integrity, operation or
any other aspect of the Exchange, its markets or other users. Market
Participant understands and agrees that violation of this Agreement may cause
irreparable harm to the Exchange, not compensable by money damages and for which
the Exchange shall not have an adequate remedy at law. Accordingly, the
Exchange shall be entitled to seek injunctive relief, in addition to any other
rights and remedies which might be available to it under the law.
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| 5. |
DATA ARE
BEING PROVIDED TO CONFIRMHUB ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR
REPRESENTATIONS PROVIDED BY CME GROUP (AND INCLUDING ITS VENDORS, INDEPENDENT
CONTRACTORS AND SUBCONTRACTORS) RELATING TO THE PROVISION THEREOF AND/OR THE
CONFIRMHUB SYSTEM AND ANY THIRD PARTY SERVICES OR FACILITIES USED TO SUPPORT
SAME, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. FURTHERMORE,
CME GROUP CANNOT AND DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY,
EITHER EXPRESS OR IMPLIED, AS TO THE VALIDITY, SEQUENCE, TIMELINESS,
COMPLETENESS, ACCURACY OR CONTINUED AVAILABILITY OF ANY INFORMATION OR DATA MADE
AVAILABLE ON OR THROUGH ANY EXCHANGE SYSTEM OR THE CONFIRMHUB SYSTEM.
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| 6. |
Market
Participant agrees, without reservation, to hold CME Group harmless in
connection with the delivery of Market Participant data to the ConfirmHub System
in accordance with this Agreement, and, following such delivery to the
ConfirmHub System or thereafter, in connection with any use or distribution of
such data.
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| 7. |
The
Exchange may amend this Agreement at any time by posting amendments on an
Exchange website and any such amendments will be prospectively binding on Market
Participant.
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| 8. |
Market Participant represents and warrants that this Agreement is legal, valid,
binding and enforceable against Market Participant. The individual who agrees
to this Agreement on behalf of Market Participant represents and warrants that
he or she has all necessary power and authority to execute this Agreement on
behalf of Market Participant.
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IN ORDER TO INDICATE MARKET
PARTICIPANT'S AGREEMENT TO THE ABOVE TERMS, YOU, AS ITS AUTHORIZED
REPRESENTATIVE, MUST SELECT THE 'I AGREE' OPTION BELOW THAT CONFIRMS YOUR
AGREEMENT TO THE ABOVE TERMS.
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I agree |
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I disagree |
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