LBMA Silver Price (CME)

NEITHER CME BENCHMARK EUROPE LTD. (“CMEBEL”) NOR ANY OF ITS GROUP COMPANIES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY WITH CMEBEL, THE “CMEBEL PARTIES”) SHALL BE LIABLE IN RESPECT OF THE ACCURACY AND/OR THE COMPLETENESS OF THE LBMA SILVER PRICE (“BENCHMARK”) OR OF ANY MARKET DATA RELATED THERETO (“MARKET DATA”) AND NONE OF THE CMEBEL PARTIES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, OMISSIONS, DELAYS OR INTERRUPTIONS IN PROVIDING THE BENCHMARK OR MARKET DATA. NO CMEBEL PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY USE OF THE BENCHMARK OR MARKET DATA. CMEBEL IS PROVIDING THE BENCHMARK AND MARKET DATA “AS IS” AND NO CMEBEL PARTY MAKES ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS, WITH RESPECT TO THE BENCHMARK OR THE MARKET DATA AND THE CMEBEL PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY OR NON-INFRINGEMENT WITH RESPECT TO THE BENCHMARK OR MARKET DATA OR ANY DATA RELATED THERETO. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL ANY CMEBEL PARTY HAVE ANY LIABILITY FOR ANY LOSS OF PROFIT, LOSS OF OR ANTICIPATED LOSS OF REVENUE, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF USE OF ANY EQUIPMENT, LOSS OF ANY CONTRACT OR OTHER BUSINESS OPPORTUNITY OR GOODWILL OR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR WHETHER SUCH LOSS OTHERWISE WOULD HAVE BEEN FORESEEN.

THIS LIMITATION OF LIABILITY SHALL NOT EXCLUDE OR RESTRICT THE LIABILITY OF THE CMEBEL PARTIES OR ANY OTHER PERSON: (A) IN RESPECT OF THE FRAUD, BAD FAITH, WILFUL DEFAULT OR GROSS NEGLIGENCE OF THE APPLICABLE CMEBEL PARTY; (B) IN RESPECT OF PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE; OR (C) OTHERWISE TO THE EXTENT IT CANNOT BE EXCLUDED OR RESTRICTED IN ACCORDANCE WITH APPLICABLE LAW.

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED HEREIN SHALL APPLY WHETHER: (A) A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY, CONTRIBUTION OR OTHERWISE; OR (B) A CLAIM IS BROUGHT DIRECTLY OR AS A THIRD PARTY CLAIM.

No Advice. The Benchmark and Market Data are provided for general information purposes only and provision of the Benchmark and Market Data does not constitute legal, financial or other professional advice. No CMEBEL Party shall be responsible for any costs or damages resulting from your use or reliance of the Benchmark or Market Data, (or anybody accessing the Benchmark or Market Data via you), including but not limited to decisions relating to the sale and purchase of instruments or legal, compliance and/or risk management decisions. You agree that you access the content at your own risk in these respects.