Common use of Business Risks and Financial Loss Clause in Contracts

Business Risks and Financial Loss. The Investor acknowledges and agrees that the investment in the Project through the Company is accompanied by all business risks associated with a venture or project of such nature. Accordingly: 7.4.1. There is no assurance or guarantee given by the Company or any director of the Company, its affiliates (the “Ethis Group”) or any other person that the Company will obtain the Sale Proceeds in the amount projected or anticipated or any amount of revenue or profit whatsoever from the Project; 7.4.2. Investment in the Project comes with a risk of a substantial or total loss, and there is no assurance or guarantee given by the Ethis Group or any other person that the Investor will be able to receive or recover any amount invested under this Agreement or any profit projected by the Company. 7.4.3. In accordance with the Shariah principle of Musharakah, all actual financial losses incurred or accrued by the Project shall be borne jointly by the Investor Group and the Developer in proportionate to their Capital Contribution Ratio. However, if the loss is due to the Developer’s gross negligence or there has been any breach of representation or warranty given by the Developer or the Developer has acted in contrary with the terms of the venture which causes loss to the venture, the Developer shall be liable for the amount of the loss to the Commitment Amount.

Appears in 6 contracts

Samples: Wakalah Agreement, Wakalah Agreement, Wakalah Agreement

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Business Risks and Financial Loss. The Investor acknowledges and agrees that the investment in the Project through the Company is accompanied by all business risks associated with a venture or project of such nature. Accordingly: 7.4.1. There is no assurance or guarantee given by the Company or Company, any director of the Company, its affiliates (the “Ethis Group”) or any other person that the Company will obtain the Sale Proceeds in the amount projected or anticipated anticipated, or any amount of revenue or profit whatsoever from the Project; 7.4.2. Investment in the Project comes with a risk of a substantial or total loss, and there is no assurance or guarantee given by the Ethis Group or any other person that the Investor will be able to receive or recover any amount invested under this Agreement or any profit projected by the Company. 7.4.3. In accordance with the Shariah principle of Musharakahmusharakah, all actual financial losses incurred or accrued by the Project shall be borne jointly by the Investor Group and the Developer in proportionate to their Capital Contribution Ratio. However, if the loss is due to the Developer’s gross negligence or there has been any breach of representation or warranty given by the Developer Developer, or the Developer has acted in contrary with the terms of the venture which causes loss to the venture, the Developer shall be liable for the amount of the loss to the Commitment Amount.

Appears in 3 contracts

Samples: Wakalah Agreement, Wakalah Agreement, Wakalah Agreement

Business Risks and Financial Loss. The Investor acknowledges and agrees that the investment in the Project through the Company is accompanied by all business risks associated with a venture or project of such nature. Accordingly: 7.4.1. There is no assurance or guarantee given by the Company or any director of the Company, its affiliates (the “Ethis Group”) or any other person that the Company will obtain the Sale Proceeds in the amount projected or anticipated or any amount of revenue or profit whatsoever from the Project; 7.4.2. Investment in the Project comes with a risk of a substantial or total loss, and there is no assurance or guarantee given by the Ethis Group or any other person that the Investor will be able to receive or recover any amount invested under this Agreement or any profit projected by the Company. 7.4.3. In accordance with the Shariah principle of Musharakah, all actual financial losses incurred or accrued by the Project shall be borne jointly by the Investor Group and the Developer Issuer in proportionate to their Capital Contribution Ratio. However, if the loss is due to the DeveloperIssuer’s gross negligence or there has been any breach of representation or warranty given by the Developer Issuer or the Developer Issuer has acted in contrary with the terms of the venture which causes loss to the venture, the Developer Issuer shall be liable for the amount of the loss to the Commitment Amount.

Appears in 2 contracts

Samples: Wakalah Agreement, Wakalah Agreement

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Business Risks and Financial Loss. The Investor acknowledges and agrees that the investment in the Project through the Company is accompanied by all business risks associated with a venture or project of such nature. Accordingly: 7.4.1. There is no assurance or guarantee given by the Company or Company, any director of the Company, its affiliates (the “Ethis Group”) or any other person that the Company will obtain the Sale Proceeds in the amount projected or anticipated anticipated, or any amount of revenue or profit whatsoever from the Project; 7.4.2. Investment in the Project comes with a risk of a substantial or total loss, and there is no assurance or guarantee given by the Ethis Group or any other person that the Investor will be able to receive or recover any amount invested under this Agreement or any profit projected by the Company. 7.4.3. In accordance with the Shariah principle of Musharakahmusharakah, all actual financial losses incurred or accrued by the Project shall be borne jointly by the Investor Group and the Developer in proportionate to their Capital Contribution Ratio. However, if the loss is due to the Developer’s gross negligence or there has been any breach of representation or warranty given by the Developer Developer, or the Developer has acted in contrary with the terms of the venture which causes loss to the venture, the Developer shall be liable for the amount of the loss to the Total Commitment Amount.

Appears in 1 contract

Samples: Wakalah Agreement

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