Claims under US law Clause Samples

Claims under US law. Notwithstanding the limitations to the indemnity set out in clause 11.2, such limitations will not apply in respect of any Claims under any applicable US federal or state law, to the extent that such Claims arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained in the Registration Statement or any supplement or amendment thereto including the preliminary prospectus, prospectus and any free writing prospectuses, or in any information related to the Issuer made public by the Issuer on the ASX or any information otherwise provided to one or more investors (either specifically or generally) by, or with the approval of, the Issuer in connection with the Offer, or arise out of or are based upon the omission or alleged omission of a material fact necessary in order to make the statements therein, taken together with the ASX and other public disclosures of the Issuer as a whole, in the light of the circumstances under which they were made, not misleading. 12 Due Diligence