Common use of Acknowledgments and Waivers Clause in Contracts

Acknowledgments and Waivers. You acknowledge and agree that: a. You will provide, in a timely manner, such information regarding yourself and any agents or authorized persons and such forms or documentation as may be requested from time to time by the Firm (or other agents) to enable the Firm to comply with the requirements and obligations imposed on it pursuant to AEOI, specifically, but not limited to, forms and documentation which the Firm may require to determine whether or not the relevant investment is a “Reportable Account” (under any AEOI regime) and to comply with the relevant due diligence procedures in making such determination; b. Any such forms or documentation requested by the Firm or its agents pursuant to paragraph (a), or any financial or account information with respect to the your account with the Firm, may be disclosed to the Cayman Islands Tax Information Authority (or any other Cayman Islands governmental body which collects information in accordance with AEOI) and to any withholding agent where the provision of that information is required by such agent to avoid the application of any withholding tax on any payments to the Firm; c. You waive, and/or shall cooperate with the Firm to obtain a waiver of, the provisions of any law which: i. prohibit the disclosure by the Firm, or by any of its agents, of the information or documentation requested from you pursuant to paragraph (b); or ii. prohibit the reporting of financial or account information by the Firm or its agents required pursuant to AEOI; or iii. otherwise prevent compliance by the Firm with its obligations under AEOI; d. If you provide information and documentation that is in anyway misleading, or you fail to provide the Firm or your agents with the requested information and documentation necessary in either case to satisfy the Firm’s obligations under AEOI, the Firm reserves the right (whether or not such action or inaction leads to compliance failures by the Firm, or a risk of the Firm being subject to withholding tax or other costs, debts, expenses, obligations or liabilities (whether external, or internal, to the Firm) (together, “costs”) under AEOI): i. to take any action and/or pursue all remedies at its disposal including, without limitation, suspension or termination of the Account; and ii. to suspend any Transactions or to deduct from the Client’s Account any costs caused (directly or indirectly) by the Client’s action or inaction; and e. You shall have no claim against the Firm, or its agents, for any form of damages or liability as a result of actions taken or remedies pursued by or on behalf of the Firm in order to comply with AEOI; f. You hereby indemnify the Firm and its principals, members, managers, officers, directors, employees and agents (“Indemnified Parties”) and hold them harmless from and against any AEOI related liability, action, proceeding, claim, demand, costs, damages, expenses (including legal expenses) penalties or taxes whatsoever which the Firm, or the Indemnified Parties, may incur as a result of any action or inaction (directly or indirectly) by you (or any related person) described in paragraphs (a) to (e) above. This indemnification shall survive your death or closure of account with the Firm.

Acknowledgments and Waivers. You acknowledge and agree that: a. You will provide, in a timely manner, such information regarding yourself and any agents or authorized persons and such forms or documentation as may be requested from time to time by the Firm (or other agents) to enable the Firm to comply with the requirements and obligations imposed on it pursuant to AEOI, specifically, but not limited to, forms and documentation which the Firm may require to determine whether or not the relevant investment is a “Reportable Account” (under any AEOI regime) and to comply with the relevant due diligence procedures in making such determination; b. Any such forms or documentation requested by the Firm or its agents pursuant to paragraph (a), or any financial or account information with respect to the your account with the Firm, may be disclosed to the Cayman Islands Tax Information Authority (or any other Cayman Islands governmental body which collects information in accordance with AEOI) and to any withholding agent where the provision of that information is required by such agent to avoid the application of any withholding tax on any payments to the Firm; c. You waive, and/or shall cooperate with the Firm to obtain a waiver of, the provisions of any law which: i. prohibit the disclosure by the Firm, or by any of its agents, of the information or documentation requested from you pursuant to paragraph (b); or ii. prohibit the reporting of financial or account information by the Firm or its agents required pursuant to AEOI; or iii. otherwise prevent compliance by the Firm with its obligations under AEOI; d. If you provide information and documentation that is in anyway misleading, or you fail to provide the Firm or your agents with the requested information and documentation necessary in either case to satisfy the Firm’s obligations under AEOI, the Firm reserves the right (whether or not such action or inaction leads to compliance failures by the Firm, or a risk of the Firm being subject to withholding tax or other costs, debts, expenses, obligations or liabilities (whether external, or internal, to the Firm) (together, “costs”) under AEOI): i. to take any action and/or pursue all remedies at its disposal including, without limitation, suspension or termination of the Account; and ii. to suspend any Transactions or to deduct from the Client’s Account any costs caused (directly or indirectly) by the Client’s action or inaction; and e. You shall have no claim against the Firm, or its agents, for any form of damages or liability as a result of actions taken or remedies pursued by or on behalf of the Firm in order to comply with AEOI; f. You hereby indemnify the Firm and its principals, members, managers, officers, directors, employees and agents (“Indemnified Parties”) and hold holds them harmless from and against any AEOI related liability, action, proceeding, claim, demand, costs, damages, expenses (including legal expenses) penalties or taxes whatsoever which the Firm, or the Indemnified Parties, may incur as a result of any action or inaction (directly or indirectly) by you (or any related person) described in paragraphs paragraphs (a) to (e) above. This indemnification shall survive your death or the closure of account with the Firm.