(v) ANY LOSSES RESULTING FROM UNAUTHORIZED ACCESS, ALTERATION OR ANY
OTHER MISUSE OF THE PLATFORM SOFTWARE OR THE PLATFORM; OR

(vi) ANY INJURIOUS ACT, DEFAULT OR OMISSION, UNLESS SUCH ACT, DEFAULT OR
OMISSION WAS THE RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON
THE PART OF THE DISCLAIMING PARTY OR PARTIES SOUGHT TO BE HELD LIABLE
THEREOF.

THE FOREGOING PROVISIONS OF THIS [RPARAGRAPH—(5)] RULE SHALL APPLY

REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT

LIABILITY OR OTHERWISE. [FHE-FOREGOING-SHALL NOT LIMIT -THE-LIABILIFY OF ANY
REHOLDER_MEMBER

(c) THE MAXIMUM _ AGGREGATE LIABILITY OF THE DISCLAIMING PARTIES TO ANY

PERSON OR ENTITY FOR ANY CLAIMS MADE BY SUCH PERSON OR ENTITY IN A
CALENDAR YEAR SHALL BE TEN THOUSAND DOLLARS ($10,000).

(d) Notwithstanding any of the foregoing provisions, this Rule shall in no way limit the applicabilit
of any provision of the Act.



Gis) NEW YORK

BOARD OF TRADE*
World Financial Center
One North End Avenue

New York, New York 10282

BY ELECTRONIC TRANSMISSION

07-4
February 1, 2007

Ms. Eileen A. Donovan

Acting Secretary of the Commission
Office of the Secretariat

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21 Street, NW

Washington, DC 20581

Re: Amendments to Rule 27.34 -
Submission Pursuant to Section 5c(c)(1) of the Act and Regulation 40.6

Dear Ms. Donovan:

Pursuant to Section Sc(c)(1) of the Commodity Exchange Act, as amended, and
Commission Regulation 40.6, the Board of Trade of the City of New York, Inc. (“Exchange”)
submits, by written certification, amendments to Rule 27.34, attached as Exhibit A, which
conform the exculpation provisions of Rule 27.34 to the exculpation provisions of the
Exchange’s Electronic User Agreement.

The Exchange certifies that the amendments comply with the requirements of the
Commodity Exchange Act and the rules and regulations promulgated thereunder.

The amendments were adopted pursuant to action by the Exchange’s Board of Directors
on January 24, 2007. The amendments will become effective on February 2, 2007. No
substantive opposing views were expressed by members or others with respect to the
amendments.


2-

If you have any questions or need further information, please contact me at

jfassler@nybot.com or 212-748-4084.

Sincerely,

Jill S. Fassler
Vice President
Associate General Counsel

ce: Riva Adriance
Jane Croessman
CFTC, Division of Market Oversight
Allen Cooper
CFTC, New York Regional Office


(In the text of the amendments below, additions are underlined and deletions are bracketed and
lined out.)

27.34. Exculpation; Limitation of Liability

(a) THE ELECTRONIC TRADING PLATFORM, THE PLATFORM SOFTWARE, RELATED
DOCUMENTATION, ACCESS TO ANY INTERFACE AND ANY EXCHANGE SERVICES OR
FACILITIES USED TO SUPPORT [AN¥] SUCH ELECTRONIC TRADING PLATFORM,
PLATFORM SOFT’ WARE, RELATED DOCUMENTATION, AND ACCESS TO ANY INTERFACE
t ME] ARE
PROVIDED “AS IS”, EXCEPT AS SPECIFICALLY PROVIDED IN’ THIS RULE, THE EXCHANGE,
THE CLEARING ORGANIZATION, ICE, AND THE RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, AGENTS AND LICENSORS OF NYBOT , THE CLEARING
ORGANIZATION AND ICE (THE “DISCLAIMING PARTIES”), MAKE NO, AND HEREBY
DISCLAIM ALL, WARRANTIES, CONDITIONS, UNDERTAKINGS, TERMS OR
REPRESENTATIONS, EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR
OTHERWISE, IN RELATION TO THE ELECTRONIC TRADING PLATFORM, PLATFORM
SOFTWARE, RELATED DOCUMENTATION, AND ACCESS TO ANY INTERFACE AND ANY
NYBOT SERVICES OR FACILITIES USED TO SUPPORT THE SAME. THE DISCLAIMING
PARTIES SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
(EXCEPT AS OTHERWISE PROVIDED IN ANY AGREEMENT TO WHICH SUCH DISCLAIMING
PARTY IS A PARTY [HEREIN]). THE DISCLAIMING PARTIES FURTHER DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ANY THIRD PARTY MATERIALS
(EXCEPT AS OTHERWISE PROVIDED IN ANY AGREEMENT TO WHICH SUCH DISCLAIMING
PARTY IS A PARTY [HEREN]). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY NYBOT SHALL CREATE A WARRANTY AND [FHE-MEMBER] NO USER OR OTHER
PERSON MAY [NO¥] RELY UPON SUCH INFORMATION OR ADVICE EXCEPT TO THE
EXTENT SPECIFIED IN [FHIS-AGREEMENT] THE RULES.

(b) NONE OF THE DISCLAIMING PARTIES SHALL BE LIABLE IN ANY WAY TO THE
[MEMBER] USER OR TO ANY OTHER PERSON OR ENTITY FOR ANY LOSSES, DAMAGES,
COSTS OR EXPENSES, LOSS OF PROFITS, GOODWILL, LOSS OF USE OR DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF THEY WERE
FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

(i) ANY FAULTS WITH THE PLATFORM OR PLATFORM SOFTWARE, HOWEVER,
THOSE FAULTS MAY ARISE;

(ii) THE SUSPENSION, TERMINATION OR INABILITY TO ACCESS OR USE THE
PLATFORM OR PLATFORM SOFTWARE OR ANY INACCURACIES OR OMISSIONS IN ANY
INFROMATION PROVIDED, HOWEVER SUCH SUSPENSION, TERMINATION, INABILITY
TO ACCESS, INACCURACY OR OMISSION MAY ARISE;

(iii) ANY FAILURE OR DELAY SUFFERED BY THE [MEMBER] USER OR ANY
[RESPONSIBLE INDIVIDGAL] OV HER PERSON THAT RECEIVES DIRECT ACCESS TO THE
PLATFORM [- ACE |:

(iv) ANY OTHER CAUSE IN CONNECTION WITH THE FURNISHING, PERFORMANCE,
MAINTENANCE OR USE OF OR INABILITY TO USE ALL OR ANY PART OF THE
PLATFORM OR PLATFORM SOFTWARE;

EXHIBIT A