Common use of Communications Indemnity Clause in Contracts

Communications Indemnity. Express authority is hereby given by the Borrower to the Bank to accept (at the sole discretion of the Bank) all tested or untested communications given by facsimile, telex cable or e-mail, regarding any or all of the notices, requests, instructions or other communications under this Agreement. The Borrower hereby assumes promises and recognises that the Bank shall not be held responsible for any loss, liability or expense that may result from the Bank's compliance with such communications and the Borrower undertakes to indemnify the Bank from all actions, proceedings, damages, claims, expenses and any and all direct and/or indirect losses which the Bank may suffer, by reason of the Bank following such communications. With regard to the above communications issued by electronic and/or mechanical processes (e.g. by facsimile, telex or e-mail), the risk of equipment malfunction, including, without limitation, paper shortage, transmission errors, omissions and distortions of Borrower's mechanical equipment is assumed fully and accepted by the Borrower. The risks of misunderstandings and errors of communications being given as mentioned above, are for the Borrower and the Bank will be indemnified in full pursuant to this Clause. Notwithstanding the above, the Bank may at any time, (and such discretion of the Bank is expressly admitted by the Borrower hereby) refuse to execute the notices, requests, instructions or communications of the Borrower, or any part thereof given by telex or fax if not confirmed in a manner acceptable to the Bank, without incurring any responsibility for loss, liability or expense arising out of such refusal.

Appears in 1 contract

Samples: Loan Agreement (Euroseas Ltd.)

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Communications Indemnity. Express authority is hereby given by the Borrower to the Bank to accept (at the sole discretion of the Bank) all tested or untested communications given by facsimile, telex cable or e-mail, regarding any or all of the notices, requests, instructions or other communications under this Agreement. The Borrower hereby assumes promises and recognises that the Bank shall not be held responsible for any loss, liability or expense that may result from the Bank's ’s compliance with such communications and the Borrower undertakes to indemnify the Bank from all actions, proceedings, damages, claims, expenses and any and all direct and/or indirect losses which the Bank may suffer, by reason of the Bank following such communications. With regard to the above communications issued by electronic and/or mechanical processes (e.g. by facsimile, telex or e-mail), the risk of equipment malfunction, including, without limitation, paper shortage, transmission errors, omissions and distortions of Borrower's ’s mechanical equipment is assumed fully and accepted by the Borrower. The risks of misunderstandings and errors of communications being given as mentioned above, are for the Borrower and the Bank will be indemnified in full pursuant to this Clause. Notwithstanding the above, the Bank may at any time, (and such discretion of the Bank is expressly admitted by the Borrower hereby) refuse to execute the notices, requests, . instructions or communications of the Borrower, or any part thereof given by telex or fax if not confirmed in a manner acceptable to the Bank, without incurring any responsibility for loss, liability or expense arising out of such refusal.

Appears in 1 contract

Samples: Loan Agreement (Euroseas Ltd.)

Communications Indemnity. Express authority is hereby given by the Borrower to the Bank to accept (at the sole discretion of the Bank) all tested or untested communications given by facsimile, telex cable or e-mailcable, regarding any or all of the notices, requests, instructions or other communications under this Agreement. The Borrower hereby assumes promises and recognises that the Bank shall not be held responsible for any loss, liability or expense that may result from the Bank's ’s compliance with such communications and the Borrower undertakes to indemnify the Bank from all actions, proceedings, damages, claims, expenses and any and all direct and/or indirect losses which the Bank may suffer, by reason of the Bank following such communications. With regard to the above communications issued by electronic and/or mechanical processes (e.g. by facsimile, telex or e-mailtelex), the risk of equipment malfunction, including, without limitation, paper shortage, transmission errors, omissions and distortions of Borrower's ’s mechanical equipment is assumed fully and accepted by the Borrower. The risks of misunderstandings and errors of communications being given as mentioned above, are for the Borrower and the Bank will be indemnified in full pursuant to this Clause. Notwithstanding the above, the Bank may at any time, (and such discretion of the Bank is expressly admitted by the Borrower hereby) refuse to execute the notices, requests, instructions or communications of the Borrower, or any part thereof given by telex or fax if not confirmed in a manner acceptable to the Bank, by telephone without incurring any responsibility for loss, liability or expense arising out of such refusal.

Appears in 1 contract

Samples: Loan Agreement (FreeSeas Inc.)

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Communications Indemnity. Express authority is hereby given by the Borrower to the Bank to accept (at the sole discretion of the Bank) all tested or untested communications given by facsimile, telex cable or e-mail, regarding any or all of the notices, requests, instructions or other communications under this Agreement. The Borrower hereby assumes promises and recognises that the Bank shall not be held responsible for any loss, liability or expense that may result from the Bank's ’s compliance with such communications and the Borrower undertakes to indemnify the Bank from all actions, proceedings, damages, claims, claim expenses and any and all direct and/or indirect losses which the Bank may suffer, by reason of the Bank following such communicationsdirest. With regard to the above communications issued by electronic and/or mechanical processes (e.g. by facsimile, telex or e-mail), the risk of equipment malfunction, including, without limitation, paper shortage, transmission errors, omissions and distortions of Borrower's ’s mechanical equipment is assumed fully and accepted by the Borrower. The risks of misunderstandings and errors of communications being given as mentioned above, are for the Borrower and the Bank will be indemnified in full pursuant to this Clause. Notwithstanding the above, the Bank may at any time, (and such discretion of the Bank is expressly admitted by the Borrower hereby) refuse to execute the notices, requests, instructions or communications of the Borrower, or any part thereof given by telex or fax if not confirmed in a manner acceptable to the Bank, without incurring any responsibility for loss, liability or expense arising out of such refusal.

Appears in 1 contract

Samples: Loan Agreement (Euroseas Ltd.)

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