Account Losses. To the extent permitted under applicable law, Client understands and agrees that Wealthfront will not be liable to Client for any losses incurred by Client that arise out of or are in any way connected with any Securities transaction or other act or failure to act of Wealthfront under this Agreement, including, but not limited to, any tax liability asserted against Client by any federal, state or local authority with respect to the Account, so long as such recommendation or other act or failure to act does not constitute a breach of Wealthfront’s fiduciary duty to Client. Client (and in addition, for entity accounts, Client Representative) shall indemnify and defend Wealthfront and Wealthfront’s directors, officers, shareholders, employees and affiliates and hold them harmless from and against any and all claims, losses, damages, liabilities and expenses, as they are incurred, by reason of any act or omission of Client or Broker or any custodian, broker, agent or other third party selected by Wealthfront in a commercially reasonable manner or selected by Client, except such as arise from Wealthfront’s breach of fiduciary duty to Client. In addition to the above indemnities, for entity Clients, the Client Representative shall further indemnify and defend Wealthfront and Wealthfront’s directors, officers, shareholders, employees and affiliates and hold them harmless from and against any and all claims, losses, damages, liabilities and expenses, as they are incurred, resulting from or in connection to Client’s assertion of Client Representative’s lack of proper authorization from Client to enter into this Agreement. Anything in this Section 10 or otherwise in this Agreement to the contrary notwithstanding, however, nothing herein shall constitute a waiver or limitation of any rights that Client may have under any federal or state securities laws.
Account Losses. To the extent permitted under applicable law, the Fund and the Adviser agree that the Sub-Adviser shall not be liable to the Fund or the Adviser for any losses incurred by the Account that arise out of or are in any way connected with any recommendation or other act or failure to act of the Sub-Adviser under this Agreement, including, but not limited to, any error in judgment with respect to the Account, so long as such recommendation or other act or failure to act does not constitute a breach of the Sub-Adviser’s fiduciary duty to the Adviser.
Account Losses. To the extent permitted under applicable law, the Fund and the Adviser agree that the Sub-Adviser shall not be liable to the Fund or the Adviser for any losses incurred by the Account that arise out of or are in any way connected with any recommendation or other act or failure to act of the Sub-Adviser under this Agreement, including, but not limited to, any error in judgment with respect to the Account, so long as such recommendation or other act or failure to act does not constitute a breach of the Sub-Adviser’s fiduciary duty to the Adviser and such loss or damage is not due to the willful misfeasance, bad faith or gross negligence on the part of the Sub-Adviser, or reckless disregard of its obligations and duties hereunder.
Account Losses. To the extent permitted under applicable law, the Company agrees that Manager will not be liable to the Company for any losses incurred by the Company that arise out of or are in any way connected with any recommendation or other act or failure to act of Manager under this Agreement, including, but not limited to, any error in judgment with respect to the Loans or the Assets, so long as such recommendation or other act or failure to act does not constitute a breach of Manager's fiduciary duty to the Company. The Company shall indemnify and defend Manager and its officers and employees and hold them harmless from and against any and all claims, losses, damages, liabilities and expenses, as they are incurred, by reason of any act or omission of the Company or any custodian, broker, agent or other third party selected by Manager in a commercially reasonable manner or selected by the Company, except such as arise from Manager's breach of fiduciary duty to the Company. Anything in this Section 7 or otherwise in this Agreement to the contrary notwithstanding, however, nothing herein shall constitute a waiver or limitation of any rights that the Company may have under any federal or state securities laws. 8.
Account Losses. Any loss or expenses incurred as a result of an investment or any action of the Escrow Agent, including but not limited to any error of judgment, mistake, negligence or misconduct (“Account Losses”), will be borne by the Escrow Fund, and the Collateral Manager shall have no obligation to make any additional deposits into the Escrow Fund on account of any such Account Losses.
Account Losses. Client understands and agrees that Investment Link will not be liable to Client or anyone for any losses incurred by Client or anyone that arise out of or are in any way connected with any Plan or any Subscription for any Services, including, but not limited to, any tax liability asserted against Client by any federal, state or local authority with respect to the Account. Client (and in addition, for entity accounts, Client Representative) shall indemnify and defend Investment Link and Investment Link’s directors, officers, shareholders, employees and affiliates and hold them harmless from and against any and all claims, losses, damages, liabilities and expenses, as they are incurred, by reason of any act or omission of Client or other third party selected by Investment Link in a commercially reasonable manner or selected by Client. In addition to the above indemnities, for entity Clients, the Client Representative shall further indemnify and defend Investment Link and Investment Link’s directors, officers, shareholders, employees and affiliates and hold them harmless from and against any and all claims, losses, damages, liabilities and expenses, as they are incurred, resulting from or in connection to Client’s assertion of Client Representative’s lack of proper authorization from Client to enter into this Agreement.
Account Losses. (A) To the extent permitted under applicable law, Client understands and agrees that Nomad will not be liable to Client for any losses incurred by Client that arise out of or are in any way connected with any Securities transaction or other act or failure to act of Nomad under this Agreement, including, but not limited to, any tax liability asserted against Client by any federal, state or local authority with respect to the Account, so long as such recommendation or other act or failure to act does not constitute a breach of Nomad’s fiduciary duty to Client;
(B) Client shall indemnify and defend Xxxxx and Xxxxx’s directors, officers, shareholders, employees and affiliates and hold them harmless from and against any and all claims, losses, damages, liabilities and expenses, as they are incurred, by reason of any act or omission of Client or Broker or any custodian, broker, agent or other third party selected by Nomad in a commercially reasonable manner or selected by Client, except such as arise from Nomad’s breach of fiduciary duty to Client; and
Account Losses. To the extent permitted under applicable law, Xxxxxx agrees that S&Y will not be liable to any Xxxxxx Entity for any losses incurred by any Xxxxxx Entity that arise out of or are in any way connected with any recommendation or other act or failure to act of S&Y under this Agreement, including, but not limited to, any (a) failure to obtain the lowest transaction costs for the Accounts or failure to recapture any such costs for the benefit of the Accounts, (b) trade error made by any person in connection with any transaction on behalf of the Accounts, (c) negligent error in judgment with respect to the Account, or (d) tax liability asserted against any Xxxxxx Entity by any federal, state or local authority as a result of any position taken by S&Y with respect to the Accounts, so long as such recommendation or other act or failure to act does not constitute bad-faith, self-dealing, gross negligence, willful misconduct or a breach of fiduciary duty by S&Y (for these purposes, a failure or error described in clauses (a) through (c) shall not be deemed a breach of S&Y’s fiduciary duty). Xxxxxx shall indemnify and defend S&Y, its officers, managers, members, employees and affiliates and hold them harmless from and against any and all claims, losses, damages, liabilities and expenses, as they are incurred, by reason of any act or omission of Xxxxxx or any Custodian, broker, agent or other third party selected by an S&Y in a commercially reasonable manner or selected by Xxxxxx, except such as arise from S&Y’s breach of fiduciary duty to Xxxxxx, bad-faith, self- dealing, gross negligence or willful misconduct. Anything in this section 10 or otherwise in this Agreement to the contrary notwithstanding, however, nothing herein shall constitute a waiver or limitation of any rights that Xxxxxx may have under any federal or state securities laws.
Account Losses. Pledgor acknowledges that Pledgor shall be liable for all losses in Pledgor's account(s) whether or not Pledgor's account(s) are liquidated and for any debts and 4 deficiencies, including, but not limited to, interest, costs, expenses and attorney's fees, including all debts and deficiencies resulting from a liquidation of Pledgor's account(s).
Account Losses. To the extent permitted under applicable law, Client understands and agrees that Newday Impact will not be liable to Client for any losses incurred by Client that arise out of or are in any way connected with any Securities transaction or other act or failure to act of Newday Impact under this Agreement, including, but not limited to, any tax liability asserted against Client by any federal, state or local authority with respect to the Account, so long as such recommendation or other act or failure to act does not constitute a breach of Newday Impact’s fiduciary duty to Client. Client shall indemnify and defend Newday Impact and Newday Impact’s directors, officers, shareholders, employees and affiliates and hold them harmless from and against any and all claims, losses, damages, liabilities and expenses, as they are incurred, by reason of any act or omission of Client or Custodian or any broker, agent or other third party selected by Newday Impact in a commercially reasonable manner or selected by Client, except such as arise from Newday Impact’s breach of fiduciary duty to Client. Anything in this Section 11 or otherwise in this Agreement to the contrary notwithstanding, however, nothing herein shall constitute a waiver or limitation of any rights that Client may have under any federal or state securities laws.
