Rights and Responsibilities After Suspension or Termination

When the Participant's or Clearing Member's right to access the Exchange or Clearinghouse, or the association of an Authorized User with a Participant, is suspended for a period of 12 months or less, none of its rights (including the right to hold oneself out to the public as a Participant or Clearing Member; enter orders into the Exchange; clear trades through the Clearinghouse, and receive Participant rates for fees, costs, and charges) will apply during the period of the suspension, except for the right of the Participant, Authorized User or Clearing Member in question to assert claims against others as provided in the Rules. Any such suspension will not affect the rights of creditors under the Rules or relieve the Participant, Authorized User or Clearing Member in question of its, his, or her obligations under the Rules to perform any Transactions entered into before the suspension, or for any Exchange or Clearinghouse fees, costs, or charges incurred during the suspension. The Exchange may discipline a suspended Participant or Authorized User or Clearing Member under this Chapter 6 for any violation of Applicable Law committed by the Participant or Clearing Member before, during, or after the suspension.

When the Participant's or Clearing Member's right to access the Exchange or Clearinghouse, or the association of an Authorized User with a Participant, is terminated, all of its rights will terminate, except for the right of the Participant or Authorized User or Clearing Member in question to assert claims against others, as provided in the Rules. Any such termination will not affect the rights of creditors under the Rules. A terminated Participant, Authorized User or Clearing Member may only seek to reinstate its right to access the Exchange or Clearinghouse by filing an application in accordance with Chapter 3 of the Rules. The Exchange and Clearinghouse will not consider the application of a terminated Participant, Authorized User or Clearing Member if such Participant or Authorized User continues to fail to appear at Disciplinary Actions without good cause, or continues to impede the progress of Disciplinary Actions.

A suspended or terminated Participant, Authorized User or Clearing Member remains subject to the Rules and the jurisdiction of the Exchange and Clearinghouse for acts and omissions prior to the suspension of termination, and must cooperate in any inquiry, investigation, Disciplinary Actions, appeal of Disciplinary Actions, summary suspension, or other summary action as if the suspended or terminated Participant, Authorized User or Clearing Member still had the right to access the Exchange or Clearinghouse, or was still associated with a Participant or Clearing Member, as the case may be.