countries through the Authorities, and to Clearing Members in the case of default on Contracts, of cession of a Clearing Member’s Open Contracts on the orders of the Clearinghouse, or under any other circumstances authorized by the National Banking and Securities Commission.
Furthermore, the Client authorizes the Trader to supply any information needed by external auditors and third parties that supply services regarding the MexDer account systems and account and risk management systems, in order to perform those services.
Consequently, the Client shall not hold the Trader liable for the exercise of the rights established in this clause, and shall have no cause for action against the Traders and its service suppliers, including the representatives, officers and employees of each of these.
Similarly, each Party authorizes the other Party (if it is a financial institution) to disclose information pertaining to the transactions, to: (i) parties to which it is obliged to supply information under the Credit Institutions Law, the Securities Market Act, and other applicable provisions; (ii) credit research agencies referred to in the Law to Regulate Credit Research Agencies; (iii) the regulatory authorities that govern the Party and its Affiliates; (iv) Banco de Mexico; and (vi) any other instition or party that may require information in order to perform the Transactions. The parties also expressly authorize Banco de Mexico to disclose that information in accordance with the applicable legal provisions.
Either party may at any time request in writing that the other Party inform it of third parties to whom it has supplied information regarding the first Party, or the Transactions it performs with that Party.
Neither Party shall be responsible for the way in which third parties make use of the information so provided.
NINETEEN. SPECIAL HEDGE POSITIONS
If a Client wishes to create a special hedge position, it must abide by the terms of Clause Nineteen of the Adhesion Agreement, on the understanding that the information requirements necessary to accredit a special hedge position may be requested through the
Trader, which is obliged to take the necessary steps on behalf of the client with the Clearing Member.
TWENTY. RELEASE FROM LIABILITY.
The Client hereby releases the Trader, Clearing Member, the Exchange and Clearing House, for liability in connection with any loss,
damages, expense or cost that it may incur or suffer, or from any liability or claim brought against it as the result of the suspension or interruption of trading of Futures and/or Option Contracts, in the transmission of information, of any error attributable to the systems
of the Exchange, Clearinghouse, service providers referred to in Clause Eighteen, above, the Trader, or the Clearing Member, provided they are not due to negligence, fraud or bad faith.
All notices and any other communication that must be sent to the Client shall be sent to the address indicated in the General Information Section of this contract. All notices and any other communications established in this contract that must be transmitted to the trader must be sent to the following address:
Bosques de Ciruelos # 120 Bosques de las Lomas
11700 México, D.F. Attn: Lic. Héctor Guillermo Camou Hernández
Unless the parties notify each other in writing of a change of address or fax number at least 10 (ten) business days in advance, all
notifications and other legal and extra-legal procedures made at the addresses and fax numbers indicated in this contract shall have full legal effect.
Failure of any of the parties to comply with any of the obligations derived from this contract, or failure by the Client to comply with the
obligations established in the Adhesion Agreement shall give the other party the right to terminate this Contract with no further responsibility and without legal statements, by merely notifying the non-complying party of the termination in writing. Once the
notification referred to in this clause has been made, nor more Futures or Option Contracts may be traded except for the purpose of performing contrary trades to close positions, and their terms shall prevail until the total settlement of the transactions performed
under this Contract. The above notwithstanding, all payment obligations shall remain current until they are fully covered, without prejudice to the content of Clause Thirteen of this contract.
This contract shall remain in effect for an indefinite period of time, although the parties may terminate it at any time by notifying the
other party in writing 10 (ten) Business Days in advance. From this date on, nor more Futures or Option Contracts may be traded except for the purpose of performing contrary trades to close positions, and their terms shall prevail until the total settlement of the
transactions performed under this contract.