Common use of Client Representations and Warranties Clause in Contracts

Client Representations and Warranties. 2.1 You agree and warrant that, if you are an individual, you are of full age and capacity and in the case of a firm or corporation, it is duly constituted and incorporated and possesses the requisite power to enter into this Agreement and this Agreement will constitute legally binding and enforceable obligations on You. 2.2 You warrant that: 2.2.1 Performance of your obligations under this Agreement does not violate any Law; 2.2.2 When you use our money transfer service, payment of money to the Receiver will not breach any Law; 2.2.3 All information you have provided us is true, correct and complete, and you will notify us within 2 Days of any changes to such information; 2.2.4 All information you have provided is true in all material respects as at the date of this Agreement or, if later, when the information is provided. 2.3 You agree and acknowledge that we will enter into transactions contemplated by this Agreement in reliance on the representations and warranties made by you. 2.4 You authorise us to deduct our fees from the money you have paid us before we transfer the money to the Receiver. 2.5 If you enter into this Agreement as a Trustee of a Trust: 2.5.1 The Trust has been duly constituted, is valid and complies with all applicable laws; 2.5.2 The Trust Deed has been executed and stamped, in accordance with the laws of the releva State or Territory of Australia; 2.5.3 You are the only Trustee of the Trust; 2.5.4 The property of the Trust has not been resettled, set aside or transferred to any other trust or settlement and the Trust Deed has not been terminated and the date or any event for the vesting of the Trust’s property has not occurred; 2.5.5 All obligations under, and transactions contemplated by, this Agreement constitute binding obligations and are lawfully enforceable against the Trust and its property in accordance with their terms; 2.5.6 You have an unrestricted right to be fully indemnified or exonerated out of the Trust’s property in respect of any losses or liabilities incurred by it in its dealings with us, and the Trust’s property is sufficient to satisfy that right of indemnity or exoneration; 2.5.7 You have complied with your obligations in connection with the Trust; 2.5.8 There is no conflict of interest on your part in entering into this Agreement and performing your obligations under it or the transactions contemplated by it.

Client Representations and Warranties. 2.1 4.1 You agree and warrant that, if you are that in the case of: (a) an individual or more than one individual, you are of full age and capacity and in the case of capacity; and (b) a firm or corporation, it is duly constituted and incorporated and possesses the requisite power to enter into this Agreement Agreement, 4.2 You warrant that all Contracts made, and this Agreement Agreement, are and will constitute your legally binding and enforceable obligations on Youobligations. 2.2 4.3 If you enter into this Agreement in your capacity as trustee of a trust, you make the following representations and undertakings: (a) the relevant trust instrument is valid and complies with all applicable Laws which apply to you; (b) you are properly appointed as the trustee of the trust; (c) you have a right of indemnity from the trust assets in respect of this Agreement and the transactions contemplated by it; (d) you will comply with your duties as trustee of the trust; (e) you will not do anything which may result in the loss of your right of indemnity from the trust assets; (f) if you are replaced or joined as trustee, you will make sure the new trustee becomes bound to Fintek Securities’ satisfaction by this Agreement and any other agreement relating to a transaction contemplated by this Agreement to which you are expressed to be a party, or by a document which is identical in effect; (g) you will not resettle, set aside or distribute any of the assets of the trust without Fintek Securities’ written consent unless compelled to do so by the trust instrument; (h) you will not amend or vary the trust instrument without Fintek Securities’ written consent; and (i) if you are not the sole trustee of the trust it is a requirement that each and every trustee agrees in writing to be bound by the terms of this Agreement and by any transactions entered into in connection with this Agreement. 4.4 You represent and warrant to Fintek Securities that: 2.2.1 Performance (a) your execution and delivery of this Agreement, and performance of all of your obligations contemplated under this Agreement Agreement, does not violate any Lawlaw applicable to you; 2.2.2 When (b) all information provided by you use our money transfer service, payment of money to the Receiver will not breach any Law; 2.2.3 All information you have provided us Fintek Securities is true, correct and complete, and you will notify us within 2 Days Fintek Securities promptly of any changes to such information; 2.2.4 All (c) all information provided by you have provided to Fintek Securities is true in all material respects as at the date of this Agreement or, if later, when the information is provided. Neither that information nor your conduct or the conduct of anyone acting on your behalf in relation to the transactions contemplated by this Agreement, was or is misleading, by omission or otherwise; (d) you shall make ongoing disclosure to Fintek Securities of any matters that may affect the operation of this Agreement or of your ability to pay Margin Calls or to remain solvent; (e) you are not restricted by any applicable laws from using Fintek Securities’ Online Platform; (f) the funds used and held by you are funds that you are entitled to use and hold, and are not derived from illegal sources; (g) the information on the Online Platform will not be used for unlawful or unauthorised purposes; (h) you will not “deep link” the Fintek Securities Website, resell or permit access to the Fintek Securities Website to others or copy any materials appearing on the Fintek Securities Website for resale or for any other purpose without the prior written consent of Fintek Securities; (i) you will not, either acting alone or with others, engage in conduct which results in Unacceptable Trading Circumstances. Such activity shall be subject to our right to seek reimbursement from you and/or the voiding of all trades (and associated profits); (j) any Contracts entered into with Fintek Securities are wholly or predominantly for business and investment purposes and not for personal, domestic or household use or consumption. 2.3 4.5 You agree and acknowledge that we that: (a) Fintek Securities will enter into the transactions contemplated by this Agreement in reliance on the representations and warranties made by you.; and 2.4 You authorise us to deduct our fees from the money you have paid us before we transfer the money to the Receiver. 2.5 If you enter into this Agreement as a Trustee of a Trust: 2.5.1 The Trust has been duly constituted, is valid (b) Fintek Securities provides general advice and complies with all applicable laws; 2.5.2 The Trust Deed has been executed and stamped, in accordance with the laws of the releva State or Territory of Australia; 2.5.3 You are the execution-only Trustee of the Trust; 2.5.4 The property of the Trust has not been resettled, set aside or transferred to any other trust or settlement and the Trust Deed has not been terminated and the date or any event for the vesting of the Trust’s property has not occurred; 2.5.5 All obligations under, and transactions contemplated by, this Agreement constitute binding obligations and are lawfully enforceable against the Trust and its property in accordance with their terms; 2.5.6 You have an unrestricted right to be fully indemnified or exonerated out of the Trust’s property in respect of any losses or liabilities incurred by it in its dealings with usservices, and the Trust’s property final investment decision is sufficient always your own. 4.6 If the Client is comprised of two or more legal persons, then a reference to satisfy a right or obligation of the Client under this Agreement or under a transaction contemplated by this Agreement confers that right of indemnity or exoneration; 2.5.7 You have complied with your obligations in connection with imposes that obligation, as the Trust; 2.5.8 There is no conflict of interest case may be, jointly and severally on your part in entering into this Agreement and performing your obligations under it or the transactions contemplated by itthose persons.

Client Representations and Warranties. 2.1 (1) You agree represent and warrant to Mitrade that: (a) You understand that this Client Agreement constitutes a legal, valid and binding contract; (b) You are a wholesale client as defined under sections 761G and/or 761GA of the Corporations Act 2001 (Cth); (c) You understand that, if you are an individualas a wholesale client, you are not entitled to many of full age and capacity and in the case of a firm or corporation, it is duly constituted and incorporated and possesses the requisite power statutory protections available to enter into this Agreement and this Agreement will constitute legally binding and enforceable obligations on You. 2.2 You warrant that: 2.2.1 Performance of your obligations under this Agreement does not violate any LawRetail Clients; 2.2.2 When you use our money transfer service, payment of money to (d) The information relied upon by Xxxxxxx in making the Receiver will not breach any Law; 2.2.3 All information you have provided us is true, correct and complete, and you will notify us within 2 Days of any changes to such information; 2.2.4 All information wholesale client assessment that you have provided is true complete and accurate and will remain so for the duration of this Agreement; (e) You understand and acknowledge that you have an obligation to inform Xxxxxxx as soon as practicable if any of the information or factors relied upon by Mitrade in making the wholesale client assessment changes; (f) all orders to be placed and all trading to be conducted under this Client Agreement are lawful; (g) in executing and giving effect to this Client Agreement, you do not and will not infringe any provision of any other document or agreement to which you are a party, nor any law or judgment/order binding upon you; (h) where you are more than one person, that all decisions made, and instructions issued, pursuant to this Client Agreement are made on a fully informed and agreed basis by all the parties to the account; (i) you are not an employee nor the close relative of an employee of any exchange participant; (j) all information supplied to Mitrade by you is, or at the time it is supplied will be, accurate in all material respects and you will not omit or withhold any information which would make such information inaccurate in any material respect; (k) you will provide to Mitrade on request such information regarding your financial and business affairs and/or identity, as at Mitrade may reasonably require; (l) you and Mitrade are bound by the date applicable Financial Product laws, Governing Law, Corporations Act, applicable Operating Rules, customs, usages and practices (as modified from time to time) of this Agreement orthe applicable exchange and clearing houses where any dealing takes place; (m) you will take all reasonable steps to obtain and communicate to Mitrade all information, and shall deliver or cause to be delivered to Mitrade all documents with respect to dealings in the Financial Products which are requested by any person having the right to request such documents and information and you authorise Mitrade to pass on/deliver all such information and documents to any such person; (n) you are not insolvent, and if lateryou are a corporate client, when no resolution has been passed and no petition has been presented or order made for your winding up or liquidation or the information is provided.appointment of a receiver or a receiver and manager or an administrator or other insolvency official to you or any of its assets; and 2.3 You agree and acknowledge that we will enter into transactions contemplated by this Agreement in reliance (o) Mitrade relies on the representations and warranties made by you. 2.4 You authorise us to deduct our fees from you which survive the money you have paid us before we transfer the money to the Receiver. 2.5 If you enter entering into of this Client Agreement as a Trustee of a Trust: 2.5.1 The Trust has been duly constituted, is valid and complies with all applicable laws; 2.5.2 The Trust Deed has been executed and stamped, in accordance with the laws of the releva State or Territory of Australia; 2.5.3 You are the only Trustee of the Trust; 2.5.4 The property of the Trust has not been resettled, set aside or transferred to any other trust or settlement and the Trust Deed has not been terminated and the date or any event for the vesting of the Trust’s property has not occurred; 2.5.5 All obligations under, and transactions contemplated by, this Agreement constitute binding obligations and are lawfully enforceable against the Trust and its property in accordance with their terms; 2.5.6 You have an unrestricted right to be fully indemnified or exonerated out of the Trust’s property repeated in respect of any losses or liabilities incurred by it in its dealings with us, and the Trust’s property is sufficient to satisfy that right of indemnity or exoneration; 2.5.7 You have complied with your obligations in connection with the Trust; 2.5.8 There is no conflict of interest on your part in entering into this Agreement and performing your obligations under it or the transactions contemplated by iteach Financial Product transaction.

Client Representations and Warranties. 2.1 You agree and warrant that, if you are 4.1 The Client warrants that in the case of: (a) an individual or more than one individual, you they are of full age and capacity and in the case of capacity; and (b) a firm or corporation, it is duly constituted and incorporated and possesses the requisite power to enter into this Agreement Agreement, 4.2 The Client warrants that all Contracts made, and this Agreement are and will constitute legally binding and enforceable obligations on Youof the Client. 2.2 You warrant 4.3 If the Client enters into this Agreement in its capacity as trustee of a trust, the Client makes the following representations and undertakings: (a) the relevant trust instrument is valid and complies with all applicable laws which apply to the Client; (b) the Client is properly appointed as trustee of the trust; (c) the Client has a right of indemnity from the trust assets in respect of this Agreement and the transactions contemplated by it; (d) the Client will comply with its duties as trustee of the trust; (e) the Client will not do anything which may result in the loss of its right of indemnity from the trust assets; (f) if the Client is replaced or joined as trustee, the Client will make sure the new trustee becomes bound to easyMarkets’ satisfaction by this Agreement and any other Agreement relating to a transaction contemplated by this Agreement to which the Client is expressed to be a party, or by a document which is identical in effect; (g) the Client will not resettle, set aside or distribute any of the assets of the trust without easyMarkets’ written consent unless compelled to do so by the trust instrument; (h) the Client will not amend or vary the trust instrument without easyMarkets’ written consent; and (i) if the Client is not the sole trustee of the trust it is a requirement that each and every trustee agrees in writing to be bound by the terms of this Agreement and by any transactions entered into in connection with this Agreement. 4.4 The Client represents and warrants to easyMarkets that: 2.2.1 Performance (a) execution and delivery by the Client of your this Agreement, and performance of all of the Client’s obligations contemplated under this Agreement Agreement, does not violate any LawLaw applicable to the Client; 2.2.2 When you use our money transfer service, payment of money (b) all information provided by the Client to the Receiver will not breach any Law; 2.2.3 All information you have provided us easyMarkets is true, correct and complete, and you the Client will notify us within 2 Days easyMarkets promptly of any changes to such information; 2.2.4 All (c) all information you have provided by the Client to easyMarkets is true in all material respects as at the date of this Agreement or, if later, when the information is provided. Neither that information nor the Client's conduct or the conduct of anyone acting on its behalf in relation to the transactions contemplated by this Agreement, was or is misleading, by omission or otherwise; (d) the Client shall make ongoing disclosure to easyMarkets of any matters that may affect the operation of this Agreement or of the ability of the Client to pay Margin Calls or to remain solvent; (e) the Client is not restricted by any applicable laws from using easyMarkets’ Online Platforms; (f) the funds used by the Client are funds that the Client is entitled to use, and are not derived from illegal sources; (g) the information on the Online Platforms will not be used for unlawful or unauthorised purposes. 2.3 You agree and acknowledge that we (h) It will not “deep-link” the easyMarkets Website, resell or permit access to the easyMarkets Website to others or copy any materials appearing on the easyMarkets Website for resale or for any other purpose without the prior written consent of easyMarkets. 4.5 The Client acknowledges that: (a) easyMarkets will enter into the transactions contemplated by this Agreement in reliance on the representations and warranties made by youthe Client; and (b) easyMarkets provides advisory and execution-only Services and the final investment decision is always the Client’s own; and (c) if easyMarkets provides advice to the Client then that advice is general only and does not consider the personal objectives, circumstances or needs of the Client. 2.4 You authorise us 4.6 If the Client is comprised of two or more legal persons then a reference to deduct our fees from a right or obligation of the money you have paid us before we transfer the money to the Receiver. 2.5 If you enter into Client under this Agreement as or under a Trustee of a Trust: 2.5.1 The Trust has been duly constituted, is valid and complies with all applicable laws; 2.5.2 The Trust Deed has been executed and stamped, in accordance with the laws of the releva State or Territory of Australia; 2.5.3 You are the only Trustee of the Trust; 2.5.4 The property of the Trust has not been resettled, set aside or transferred to any other trust or settlement and the Trust Deed has not been terminated and the date or any event for the vesting of the Trust’s property has not occurred; 2.5.5 All obligations under, and transactions transaction contemplated by, by this Agreement constitute binding obligations and are lawfully enforceable against the Trust and its property in accordance with their terms; 2.5.6 You have an unrestricted right to be fully indemnified or exonerated out of the Trust’s property in respect of any losses or liabilities incurred by it in its dealings with us, and the Trust’s property is sufficient to satisfy confers that right of indemnity or exoneration; 2.5.7 You have complied with your obligations in connection with imposes that obligation, as the Trust; 2.5.8 There is no conflict of interest case may be, jointly and severally on your part in entering into this Agreement and performing your obligations under it or the transactions contemplated by itthose persons.

Client Representations and Warranties. 2.1 19.1 You agree and warrant that, if you are that in the case of: (a) an individual or more than one individual, you are of full age and capacity and in the case of capacity; and (b) a firm or corporation, it is duly constituted and incorporated and possesses the requisite power to enter into this Agreement Agreement. 19.2 You warrant that all Transactions entered into, and this Agreement Agreement, are and will constitute your legally binding and enforceable obligations on Youobligations. 2.2 19.3 If you enter into this Agreement in your capacity as trustee of a trust, you make the following representations: (a) the relevant trust instrument is valid and complies with all Laws which apply to you; (b) you are properly appointed as the trustee of the trust; (c) you have a right of indemnity from the trust assets in respect of this Agreement and the Transactions contemplated by it; (d) you will comply with your duties as trustee of the trust; (e) you will not do anything which may result in the loss of your right of indemnity from the trust assets; (f) if you are replaced or joined as trustee, you will make sure the new trustee becomes bound to Vivi Money’s satisfaction by this Agreement and any other agreement relating to a Transaction contemplated by this Agreement to which you are expressed to be a party, or by a document which is identical in effect; (g) you will not resettle, set aside or distribute any of the assets of the trust without Xxxx Xxxxx’s written consent unless compelled to do so by the trust instrument; (h) you will not amend or vary the trust instrument without Xxxx Xxxxx’s written consent; and (i) if you are not the sole trustee of the trust it is a requirement that each and every trustee agrees in writing to be bound by the terms of this Agreement and by any Transactions entered into in connection with this Agreement. 19.4 You represent and warrant to Vivi Money that: 2.2.1 Performance (a) your execution and delivery of this Agreement, use of our services and performance of all of your obligations contemplated under this Agreement Agreement, does not violate any Law;law applicable to you. 2.2.2 When (b) all information provided by you use our money transfer service, payment of money to the Receiver will not breach any Law; 2.2.3 All information you have provided us Vivi Money is true, correct and complete, and you will notify us within 2 Days Vivi Money promptly of any changes to such information;. 2.2.4 All (c) all information provided by you have provided to Vivi Money is true in all material respects as at the date of this Agreement or, if later, later when the information is provided. Neither that information nor your conduct or the conduct of anyone acting on your behalf in relation to the Transactions contemplated by this Agreement, was or is misleading, by omission or otherwise. 2.3 (d) you shall make ongoing disclosure to Vivi Money of any matters that may affect the operation of this Agreement; (e) the funds received, transferred, used and held by you are funds that you are entitled to use, transfer and hold, and are not derived from illegal sources; (f) the information on the Website will not be used for unlawful or unauthorised purposes; (g) you will not use the FX Conversion services for hedging, speculative or investment purposes; (h) you are not subject to an Insolvency Event; and (i) you will not “deep-link” the Website, resell or permit access to the Website to others or copy any materials appearing on the Website for resale or for any other purpose without the prior written consent of Vivi Money. 19.5 You agree and acknowledge that we Vivi Money: (a) will enter into transactions provide the services contemplated by this Agreement to you in reliance on the representations and warranties made by you.; 2.4 You authorise us (b) provides general advice and execution-only services and the final decision to deduct our fees from the money you have paid us before we transfer the money to the Receiver. 2.5 If you enter into this Agreement as a Trustee of a Trust:Transaction is always your own; and 2.5.1 The Trust (c) has been duly constituted, is valid and complies with all applicable laws; 2.5.2 The Trust Deed has been executed and stamped, in accordance with the laws of the releva State or Territory of Australia; 2.5.3 You are the only Trustee of the Trust; 2.5.4 The property of the Trust has not been resettled, set aside or transferred to any other trust or settlement and the Trust Deed has not been terminated and the date or any event for the vesting of the Trust’s property has not occurred; 2.5.5 All obligations underno control over, and transactions contemplated byis not responsible for, this Agreement constitute binding obligations and are lawfully enforceable against the Trust and its property in accordance with their terms; 2.5.6 You have an unrestricted right to be fully indemnified quality, safety, legality or exonerated out of the Trust’s property in respect delivery of any losses goods or liabilities incurred by it in its dealings with us, and the Trust’s property is sufficient to satisfy services that right of indemnity you purchase from third parties or exoneration; 2.5.7 You have complied with pay for from your obligations in connection with the Trust; 2.5.8 There is no conflict of interest on your part in entering into this Agreement and performing your obligations under it or the transactions contemplated by itAccount.

Client Representations and Warranties. 2.1 You agree and warrant that, if you are an individual, you are of full age and capacity and in the case of a firm or corporation, it is duly constituted and incorporated and possesses the requisite power to enter into this Agreement and this Agreement will constitute legally binding and enforceable obligations on You. 2.2 You warrant that: 2.2.1 Performance of your obligations under this Agreement does not violate any Law; 2.2.2 When you use our money transfer service, payment of money to the Receiver will not breach any Law; 2.2.3 All information you have provided us is true, correct and complete, and you will notify us within 2 Days days of any changes to such information; 2.2.4 All information you have provided is true in all material respects as at the date of this Agreement or, if later, when the information is provided. 2.3 You agree and acknowledge that we will enter into transactions contemplated by this Agreement in reliance on the representations and warranties made by you. 2.4 You authorise us to deduct our fees from the money you have paid us before we transfer the money to the Receiver. 2.5 If you enter into this Agreement as a Trustee of a Trust: 2.5.1 The Trust has been duly constituted, is valid and complies with all applicable laws; 2.5.2 The Trust Deed has been executed and stamped, in accordance with the laws of the releva relevant State or Territory of Australia; 2.5.3 You are the only Trustee of the Trust; 2.5.4 The property of the Trust has not been resettled, set aside or transferred to any other trust or settlement and the Trust Deed has not been terminated and the date or any event for the vesting of the Trust’s property has not occurred; 2.5.5 All obligations under, and transactions contemplated by, this Agreement constitute binding obligations and are lawfully enforceable against the Trust and its property in accordance with their terms; 2.5.6 You have an unrestricted right to be fully indemnified or exonerated out of the Trust’s property in respect of any losses or liabilities incurred by it in its dealings with us, and the Trust’s property is sufficient to satisfy that right of indemnity or exoneration; 2.5.7 You have complied with your obligations in connection with the Trust; 2.5.8 There is no conflict of interest on your part in entering into this Agreement and performing your obligations under it or the transactions contemplated by it.

Client Representations and Warranties. 2.1 2.1. You agree represent and warrant to Focus that: a. You have read, understood and will comply with the terms of this Client Agreement. b. All Orders placed and transactions made by you under this Client Agreement are lawful. c. By entering into this Client Agreement, you do not and will not breach any other agreement to which you are a party (or any law or judgment/order binding on you). d. All decisions and instructions made pursuant to this Client Agreement are agreed by all parties to the Trading Account (if applicable and where required). e. You are not an employee or close relative of an employee of any Relevant Exchange participant. f. All information you provide to us in your Account Application form and thereafter is true and accurate. g. You understand Focus will act as principal and Market Maker for the purpose of dealing in CFDs in accordance with the terms of this Client Agreement. h. You are not insolvent. If you are a corporate client, no resolution has been passed or petition presented nor has an order been made for winding up or liquidation and there has been no appointment of a receiver or manager or an administrator or other insolvency official. If you are an individual, you are have not taken any steps to have yourself declared bankrupt nor have any steps been taken against you to have you declared bankrupt and there has been no appointment of full age a receiver or manager or an administrator or other insolvency official to administer your estate. i. You acknowledge that you will be categorised as a Retail Client unless you specifically apply for a professional investor account and provide Focus with evidence that you meet the criteria to be re-classified as a Wholesale Client under the Corporations Act. j. You represent and warrant to Focus that you have the legal capacity and in the case of a firm or corporation, it is duly constituted and incorporated and possesses the requisite power authority to enter into this Client Agreement and this Agreement will constitute legally binding and enforceable obligations on Youthe transactions governed by it. 2.2 k. You warrant that: 2.2.1 Performance of your obligations under this Agreement does not violate any Law; 2.2.2 When you use our money transfer serviceand Focus are bound by the applicable CFD laws and/or regulations, payment of money to the Receiver will not breach any Law; 2.2.3 All information you have provided us is trueCorporations Act, correct and completeapplicable Operating Rules, customs, usages, and you will notify us within 2 Days practices (as modified from time to time) of the Relevant Exchange and clearing houses where any changes to such information; 2.2.4 All information you have provided is true in all material respects as at the date of this Agreement or, if later, when the information is provideddealing takes place. 2.3 You agree and acknowledge that we will enter into transactions contemplated by this Agreement in reliance on 2.2. Where you are a trustee (including the representations and warranties made by you. 2.4 You authorise us to deduct our fees from the money you have paid us before we transfer the money to the Receiver. 2.5 If you enter into this Agreement as a Trustee trustee of a Trust:superannuation fund): 2.5.1 a. The Trust has been duly constituted, is valid valid, and complies with all applicable laws; 2.5.2 b. The Trust Deed has been executed and stamped, in accordance with the laws of the releva relevant State or Territory of Australiain which that Trust has been established; 2.5.3 You are the only Trustee of the Trust; 2.5.4 c. The property of the Trust has not been resettled, set aside aside, or transferred to any other trust or settlement and the Trust Deed has not been terminated and the date or any event for the vesting of the Trust’s property has not occurred; 2.5.5 All obligations underd. The Trust Deed specifically permits the trustees to enter into CFD transactions, and transactions contemplated by, CFDs form part of the Trust’s investment strategy; e. Transactions performed under this Client Agreement constitute binding obligations and are lawfully enforceable against the Trust and its property in accordance with their termsproperty; 2.5.6 f. You have an unrestricted right to be fully indemnified or exonerated out of the Trust’s property in respect of any losses or liabilities incurred by it you in its your dealings with usFocus, and the Trust’s property is sufficient enough to satisfy that right of indemnity or exoneration; 2.5.7 g. You have complied with your obligations in connection with the Trust; 2.5.8 h. There is no conflict of interest on your part in entering into this Agreement transactions with Focus and performing your obligations under it those transactions or otherwise under this Client Agreement; and i. If you are trustee of a superannuation fund, you have complied with all requirements outlined in the Superannuation Industry (Supervision) Xxx 0000 (Cth). 2.3. Where you are an investment manager, the investment management agreement authorises transactions contemplated by itin CFDs and: a. The transactions are within the authorised ambit of the/each underlying client’s investment strategy; b. You have the appropriate regulatory authorisation to trade on behalf of your underlying clients and have provided Focus with evidence of your authority to trade on behalf of your underlying clients; c. You will enter into transactions pursuant to the applicable investment management agreement as investment manager or responsible entity; d. You will only deal in CFD transactions when the funds or other assets under your control are sufficient to meet your obligations; and e. In the event of termination of your appointment as investment manager or responsible entity, you are authorised to arrange for the closing out of all contracts entered on behalf of your client prior to the date of such termination as soon as possible.