Manifest Error Sample Clauses

Manifest Error. (1) We reserve the right to either void from the outset or amend the terms of any Transaction containing or based on any error that we reasonably believe to be obvious or palpable (a “Manifest Error” and any such Transaction a “Manifestly Erroneous Transaction”), without your consent. If, in our reasonable discretion, we choose to amend the terms of any such Manifestly Erroneous Transaction, the amended level will be such level as we reasonably believe would have been fair at the time the Transaction was entered into. In deciding whether an error is a Manifest Error we shall act reasonably and we may take into account any relevant information including, without limitation, the state of the Underlying Market at the time of the error or any error in, or lack of clarity of, any information source or pronouncement upon which we base our quoted prices. Any financial commitment that you have entered into or refrained from entering into in reliance on a Transaction with us will not be taken into account in deciding whether or not there has been a Manifest Error.
Manifest Error. 15.1. A Manifest Error is an error, omission or misquote (including any misquote by our dealer) which by fault of either of us or any third party is materially and clearly incorrect when taking into account market conditions and quotes in Markets or Underlying Instruments which prevailed at that time. It may include an incorrect price, date, time or Market or any error or lack of clarity of any information, source, commentator, official, official result or pronouncement.
Manifest Error. 19.1 The Company reserves the right to void ab initio any Contract involving or deriving from a manifest error. A “
Manifest Error. To the extent it is determined in the period of time between the Signing Date and the applicable Other Implementation Date that the listing of a Subject Loan on a Schedule to this Agreement is the result of manifest error, the Parties agree to cooperate in good faith to correct such error, it being understood that if the applicable Other Implementation Date has occurred, and the Parties continue to dispute the listing of any Subject Loan, then Section 11(c) shall apply to such continuing dispute. For the avoidance of doubt, this Section 3(c) does not apply to a change in Category of a Subject Loan, any such change being subject to Section 3(a)(ii).
Manifest Error. If IUSA Owner in good faith (acting reasonably and for genuine reasons) considers that there is a manifest error on the face of an invoice, then provided it has notified TasNetworks of the error prior to the date for payment of the invoice, IUSA Owner may pay TasNetworks such amount as it considers to be due and payable, and refer the balance to TasNetworks for TasNetworks’ consideration. If TasNetworks disputes IUSA Owner’s assessment of the invoice, the provisions of clause 20(Dispute Resolution) will apply.
Manifest Error. (a) Unless an invoice contains a manifest calculation error, User may not withhold payment of the disputed portion of an invoice (but without prejudice to User’s right to later challenge the correctness of the invoice). If an invoice contains a manifest calculation error User must notify TasNetworks and if TasNetworks (acting reasonably) agrees it will issue a corrected invoice in substitution for the original invoice. If TasNetworks does not agree there is a manifest calculation error then User must pay the original invoice but the payment timeframe will be extended by the number of days between TasNetworks receiving notice from User of the alleged error and TasNetworks responding to User.
Manifest Error. The Company reserve the right to, without Customer’s consent, either void from the outset or amend the terms of any Bet containing or based on any error that the Company reasonably believe to be obvious or palpable (a ”Manifest Error”). If, in Company’s discretion, the Company chooses to amend the terms of any such Manifestly Erroneous Bet, the amended level will be such level as the Company reasonably believes would have been fair at the time the Bet was entered into. In deciding whether an error is a Manifest Error the Company must act reasonably and the Company may take into account any relevant information including, without limitation, the state of the Underlying Market at the time of the error or any mistake in, or lack of clarity of, any information source or pronouncement upon which the Company bases its quoted prices. Any financial commitment that the Customer has entered into or refrained from entering into in reliance on a Bet with the Company will not be taken into account in deciding whether or not there has been a Manifest Error. In the absence of wilful default or fraud by the Company we will not be liable to the Customer for any loss, cost, claim, demand or expense following a Manifest Error (including where the Manifest Error is made by any information source, commentator or official upon whom we reasonably rely). If a Manifest Error has occurred and the Company chooses to exercise any of Company’s rights under this clause, and if you have received any monies from the Company in connection with the Manifest Error, the Customer agrees that those monies are due and payable to the Company and the Customer agrees to return an equal sum to the Company without delay.
Manifest Error. In the event of a manifest error in the Pro Forma Balance Sheet or Worked Example, correcting adjustments will be made.
Manifest Error. To the extent it is determined in the period of time between the Signing Date and the Implementation Date that the listing of (or failure to list) a Subject Loan on a Schedule to this Settlement Agreement is the result of manifest error, or there is a manifest error in the (i) “claim filed amounts” of [***] of Pending Rescission Loans for the period November 1, 2011 through the Cut-off Date, (ii) the amount of curtailments on Subject Loans for the period January 1, 2010 through the Implementation Date or (iii) the “paid thru dt”, “claim title date”, and “claim received date” data provided by MGIC on transferred loans, in the case of each of (i), (ii), and (iii), that forms the basis of the calculations of the Legacy Loan Settlement Percentage or Servicing Only Settlement Percentage, the Parties agree to first cooperate in good faith to correct such error and any impact the error may have had to the calculation of the Legacy Loan Settlement Percentage or Servicing Only Settlement Percentage, as applicable. To the extent the Parties continue to dispute such error, then such dispute and its impact shall be resolved pursuant to Section 11(c). If, however, the error is claimed by either Party to have the effect of increasing or decreasing by more than [***], in the aggregate, the estimated total Claim benefit amounts to be paid by MGIC under the Settlement Agreement, applying the methodology employed by the Parties to determine the Settlement Percentages as described in Section 3(a)(vi), and the data in (i), (ii), or (iii) above exchanged by the Parties prior to the Signing Date, then prior to beginning any proceedings under Section 11(c), (i) the Parties shall negotiate in good faith, consistently with the methodology previously employed by the Parties in their calculation of the Legacy Loan Settlement Percentage or Servicing Only Settlement Percentage prior to execution of this Settlement Agreement, to resolve their dispute; and (ii) if such negotiations have failed to resolve such dispute within thirty (30) days after either Party notifies the other Party of a potential manifest error, then within fifteen (15) days of the expiration of the time period for good-faith negotiations, the Party aggrieved by the manifest error may terminate this Settlement Agreement upon written notice to the other Party pursuant to Section 5(c)(iii) without any proceedings pursuant to Section 11(c), and the Implementation Date shall not occur. To the extent the Parties dispute wh...
Manifest Error. 17.4.3.1. We reserve the right to unilaterally either void from the outset or amend retroactively the conditions of any Transaction that contained or was based on any error that we reasonably believe to be obvious or palpable (a ‘Manifest Error’).