This agreement, entered into from the date indicated on the signature page (“the Agreement”) between Broadcort Capital Corp. (hereinafter referred to as the “Clearing Company”) and Archipelago LLC (hereinafter referred to as the “Importing Company”), the Clearing Company maintains all accounts imported on behalf of the client of the Importing Companies, with a mention in their accounts and a record of the introduction of such accounts by the Importing Company. and all monthly or quarterly settlements, confirmations and communications of maturing funds or securities in respect of such imported accounts must also indicate that the imported accounts have been introduced by the company of introduction, that the role of the clearing house is to perform only the clearing functions and related services, which are expressly set out herein; and that the importing company continues to act as a broker for the accounts introduced. Accidental omission of such information shall not be considered a breach of this Agreement. Copies of the forms that cover the above are set up by the clearing house of the ipo company to be on site. B. The clearing house will not provide data (i) on the periods preceding the receipt of an order, ii) on transactions made and/or cleared by the clearing house but not executed (iii) for transactions cleared by another clearing broker. H. Under the conditions provided for in this Agreement, the clearing or importing undertaking(s) shall limit their services to clearing and the introduction of functions and related services, which are expressly set out therein, and neither Party may identify itself as a representative of the other Party or of any of the subsidiaries or undertakings controlled or related directly or indirectly by the other Party.
If the importing company or clearing house attempts in any way to present, apply for or otherwise declare itself to be the representative of the other party, the injured party shall have the power, at its option, to terminate this Agreement and the other party shall be liable for any losses, damages, costs or expenses (including, but not otherwise limited to, the costs and costs of an attorney) incurred or incurred by the clearing company or the importing company, as the case may be, as a result of such representation of the Agency or the apparent power to act as a representative of the clearing company or the importing company or agency. Annex ./5 of the Annexes to the Netting Agreement authorises CCP Austria to collect claims from default security/funds. This Annex is optional and may be withdrawn if necessary. However, we draw attention to the fact that this authorisation represents a considerable time saving in the clearing process, both for the member and for the Austria CCP. The form for withdrawing this authorization is signed at (a) ccpa.at and returned in the original by mail. execution and other services related to securities transactions, as explained in more detail; and CCP Austria may also allow clearing agents to process and transmit instructions between members of CCP Austria and clearing members. . . .