Common use of Company Liability Clause in Contracts

Company Liability. The Company will not be liable for any loss, liability or cost suffered or incurred by the Client as a result of providing Services to the Client unless the loss, liability or cost is caused by Company’s gross negligence, willful default or fraud committed while acting on Client’s instructions. The Company will not be liable for any loss, liability or cost which the Client may suffer or incur as a result of the negligence, willful default or fraud of any third party (including any broker, bank, agent, custodian, investment exchange, depository or clearing house, electronic payment provider) which the Company has taken reasonable care in appointing. Neither the Company nor any third party who acts on Company’s behalf in providing a Service to the Client, whether affiliated to the Company or not, nor the Company or its directors, officers, servants, agents or representatives, will be liable to the Client (except in the case of fraud) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur arising out of Company’s acts or omissions under this Agreement, howsoever the loss, liability or cost is caused and regardless of whether it was foreseeable or not. For the purpose of this paragraph, the expression “consequential loss, liability or cost” includes any loss, liability or cost arising from Client being unable to sell Financial Instruments where the price is falling, or from not being able to purchase Financial Instruments where the price is rising, or from being unable to enter into or complete another transaction which requires the Client to have disposed of or purchased the Financial Instruments or any other loss arising as a result of loss of business, profits, goodwill or data and any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not. The Company shall not be liable for any economic loss or loss of opportunity as a result of which the value of the Client’s Financial Instruments might have increased or for any reduction (however great) in the value of the Client’s Financial Instruments, unless to the extent that such loss or reduction is directly due to deliberate omission or fraud by the Company. The Company shall not be held liable for any loss which is or which may be the result of deceit in relation to the facts or mistaken judgment or any act done or which the Company has omitted to do, whenever it arose, unless to the extent that such deceit or act or omission is due directly to deliberate omission or fraud by the Company. The Company shall not be held liable in relation to any omission, negligence, deliberate omission, fraud, or default of the bank where the Bank Clients’ Account is maintained. The Client warrants and represents that he/she shall indemnify the Company and maintain it so indemnified against any claim, damage, liability, costs or expenses of any third party and/or which may be satisfied by the Company and which may arise in relation to this Agreement and/or in relation to the provision of the Investment Services and/or in relation to the disposal of the Client’s Financial Instruments and/or in relation to the non-fulfilment of any of the Client’s statements and/or Orders and/or instructions contained in this Agreement. The Company will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from any error, delay or failure in the operation of the Trading Platform notwithstanding if the Transaction(s) originated from the client terminal. In the event of the death or mental incapacity of the Client, the Company will have no responsibility or liability whatsoever in respect of the actions or omissions or fraud of the authorized third party in relation to the Client’s Trading Account and/or Money and the Company will stop accepting Requests, Instruction or other communications given from the account of the Client upon receipt of notice of the death or mental incapacity of the Client. Nothing in this Agreement excludes or limits Company’s liability if any such exclusion or limitation is prohibited by law.

Company Liability. The Company will not be liable for any loss, liability or cost suffered or incurred by the Client as a result of providing Services to the Client unless the loss, liability or cost is caused by Company’s gross negligence, willful wilful default or fraud committed while acting on Client’s instructions. The Company will not be liable for any loss, liability or cost which the Client may suffer or incur as a result of the negligence, willful wilful default or fraud of any third party (including any broker, bank, agent, custodian, investment exchange, depository or clearing house, electronic payment provider) which the Company has taken reasonable care in appointing. Neither the Company nor any third party who acts on Company’s behalf in providing a Service to the Client, whether affiliated to the Company or not, nor the Company or its directors, officers, servants, agents or representatives, will be liable to the Client (except in the case of fraud) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur arising out of Company’s acts or omissions under this Agreement, howsoever the loss, liability or cost is caused and regardless of whether it was foreseeable or not. For the purpose of this paragraph, the expression “consequential loss, liability or cost” includes any loss, liability or cost arising from Client being unable to sell Financial Instruments where the price is falling, or from not being able to purchase Financial Instruments where the price is rising, or from being unable to enter into or complete another transaction which requires the Client to have disposed of or purchased the Financial Instruments or any other loss arising as a result of loss of business, profits, goodwill or data and any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not. The Company shall not be liable for any economic loss or loss of opportunity as a result of which the Suite 305, Xxxxxxxx Corporate Centre P.O. Box 1510, Beachmont, Kingstown St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx value of the Client’s Financial Instruments might have increased or for any reduction (however great) in the value of the Client’s Financial Instruments, unless to the extent that such loss or reduction is directly due to deliberate omission or fraud by the Company. The Company shall not be held liable for any loss which is or which may be the result of deceit in relation to the facts or mistaken judgment or any act done or which the Company has omitted to do, whenever it arose, unless to the extent that such deceit or act or omission is due directly to deliberate omission or fraud by the Company. The Company shall not be held liable in relation to any omission, negligence, deliberate omission, fraud, or default of the bank where the Bank Clients’ Account is maintained. The Client warrants and represents that he/she shall indemnify the Company and maintain it so indemnified against any claim, damage, liability, costs or expenses of any third party and/or which may be satisfied by the Company and which may arise in relation to this Agreement and/or in relation to the provision of the Investment Services and/or in relation to the disposal of the Client’s Financial Instruments and/or in relation to the non-fulfilment of any of the Client’s statements and/or Orders and/or instructions contained in this Agreement. The Company will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from any error, delay or failure in the operation of the Trading Platform notwithstanding if the Transaction(s) originated from the client terminal. In the event of the death or mental incapacity of the Client, the Company will have no responsibility or liability whatsoever in respect of the actions or omissions or fraud of the authorized authorised third party in relation to the Client’s Trading Account and/or Money and the Company will stop accepting Requests, Instruction or other communications given from the account of the Client upon receipt of notice of the death or mental incapacity of the Client. Nothing in this Agreement excludes or limits Company’s liability if any such exclusion or limitation is prohibited by law.. Suite 305, Xxxxxxxx Corporate Centre P.O. Box 1510, Beachmont, Kingstown St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx

Company Liability. The Company will not be liable for any loss, liability or cost suffered or incurred by the Client as a result of providing Services to the Client unless the loss, liability or cost is caused by Company’s gross negligence, willful default or fraud committed while acting on Client’s instructions. The Company will not be liable for any loss, liability or cost which the Client may suffer or incur as a result of the negligence, willful default or fraud of any third party (including any broker, bank, agent, custodian, investment exchange, depository or clearing house, electronic payment provider) which the Company has taken reasonable care in appointing. Neither the Company nor any third party who acts on Company’s behalf in providing a Service to the Client, whether affiliated to the Company or not, nor the Company or its directors, officers, servants, agents or representatives, will be liable to the Client (except in the case of fraud) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur arising out of Company’s acts or omissions under this Agreement, howsoever the loss, liability or cost is caused and regardless of whether it was foreseeable or not. For the purpose of this paragraph, the Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx expression “consequential loss, liability or cost” includes any loss, liability or cost arising from Client being unable to sell Financial Instruments where the price is falling, or from not being able to purchase Financial Instruments where the price is rising, or from being unable to enter into or complete another transaction which requires the Client to have disposed of or purchased the Financial Instruments or any other loss arising as a result of loss of business, profits, goodwill or data and any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not. The Company shall not be liable for any economic loss or loss of opportunity as a result of which the value of the Client’s Financial Instruments might have increased or for any reduction (however great) in the value of the Client’s Financial Instruments, unless to the extent that such loss or reduction is directly due to deliberate omission or fraud by the Company. The Company shall not be held liable for any loss which is or which may be the result of deceit in relation to the facts or mistaken judgment or any act done or which the Company has omitted to do, whenever it arose, unless to the extent that such deceit or act or omission is due directly to deliberate omission or fraud by the Company. The Company shall not be held liable in relation to any omission, negligence, deliberate omission, fraud, or default of the bank where the Bank Clients’ Account is maintained. The Client warrants and represents that he/she shall indemnify the Company and maintain it so indemnified against any claim, damage, liability, costs or expenses of any third party and/or which may be satisfied by the Company and which may arise in relation to this Agreement and/or in relation to the provision of the Investment Services and/or in relation to the disposal of the Client’s Financial Instruments and/or in relation to the non-fulfilment of any of the Client’s statements and/or Orders and/or instructions contained in this Agreement. The Company will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from any error, delay or failure in the operation of the Trading Platform notwithstanding if the Transaction(s) originated from the client terminal. In the event of the death or mental incapacity of the Client, the Company will have no responsibility or liability whatsoever in respect of the actions or omissions or fraud of the authorized authorised third party in relation to the Client’s Trading Account and/or Money and the Company will stop accepting Requests, Instruction or other communications given from the account of the Client upon receipt of notice of the death or mental incapacity of the Client. Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx Nothing in this Agreement excludes or limits Company’s liability if any such exclusion or limitation is prohibited by law.

Company Liability. The Company will not be liable for any loss, liability or cost suffered or incurred by the Client as a result of providing Services to the Client unless the loss, liability or cost is caused by Company’s gross negligence, willful wilful default or fraud committed while acting on Client’s instructions. The Company will not be liable for any loss, liability or cost which the Client may suffer or incur as a result of the negligence, willful wilful default or fraud of any third party (including any broker, bank, agent, custodian, investment exchange, depository or clearing house, electronic payment provider) which the Company has taken reasonable care in appointing. Neither the Company nor any third party who acts on Company’s behalf in providing a Service to the Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx Client, whether affiliated to the Company or not, nor the Company or its directors, officers, servants, agents or representatives, will be liable to the Client (except in the case of fraud) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur arising out of Company’s acts or omissions under this Agreement, howsoever the loss, liability or cost is caused and regardless of whether it was foreseeable or not. For the purpose of this paragraph, the expression “consequential loss, liability or cost” includes any loss, liability or cost arising from Client being unable to sell Financial Instruments where the price is falling, or from not being able to purchase Financial Instruments where the price is rising, or from being unable to enter into or complete another transaction which requires the Client to have disposed of or purchased the Financial Instruments or any other loss arising as a result of loss of business, profits, goodwill or data and any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not. The Company shall not be liable for any economic loss or loss of opportunity as a result of which the value of the Client’s Financial Instruments might have increased or for any reduction (however great) in the value of the Client’s Financial Instruments, unless to the extent that such loss or reduction is directly due to deliberate omission or fraud by the Company. The Company shall not be held liable for any loss which is or which may be the result of deceit in relation to the facts or mistaken judgment or any act done or which the Company has omitted to do, whenever it arose, unless to the extent that such deceit or act or omission is due directly to deliberate omission or fraud by the Company. The Company shall not be held liable in relation to any omission, negligence, deliberate omission, fraud, or default of the bank where the Bank Clients’ Account is maintained. The Client warrants and represents that he/she shall indemnify the Company and maintain it so indemnified against any claim, damage, liability, costs or expenses of any third party and/or which may be satisfied by the Company and which may arise in relation to this Agreement and/or in relation to the provision of the Investment Services and/or in relation to the disposal of the Client’s Financial Instruments and/or in relation to the non-fulfilment of any of the Client’s statements and/or Orders and/or instructions contained in this Agreement. The Company will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from any error, delay or failure in the operation of the Trading Platform notwithstanding if the Transaction(s) originated from the client terminal. Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx In the event of the death or mental incapacity of the Client, the Company will have no responsibility or liability whatsoever in respect of the actions or omissions or fraud of the authorized authorised third party in relation to the Client’s Trading Account and/or Money and the Company will stop accepting Requests, Instruction or other communications given from the account of the Client upon receipt of notice of the death or mental incapacity of the Client. Nothing in this Agreement excludes or limits Company’s liability if any such exclusion or limitation is prohibited by law.

Company Liability. The Company will not be liable for any loss, liability or cost suffered or incurred by the Client as a result of providing Services to the Client unless the loss, liability or cost is caused by Company’s gross negligence, willful wilful default or fraud committed while acting on Client’s instructions. The Company will not be liable for any loss, liability or cost which the Client may suffer or incur as a result of the negligence, willful wilful default or fraud of any third party (including any broker, bank, agent, Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx custodian, investment exchange, depository or clearing house, electronic payment provider) which the Company has taken reasonable care in appointing. Neither the Company nor any third party who acts on Company’s behalf in providing a Service to the Client, whether affiliated to the Company or not, nor the Company or its directors, officers, servants, agents or representatives, will be liable to the Client (except in the case of fraud) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur arising out of Company’s acts or omissions under this Agreement, howsoever the loss, liability or cost is caused and regardless of whether it was foreseeable or not. For the purpose of this paragraph, the expression “consequential loss, liability or cost” includes any loss, liability or cost arising from Client being unable to sell Financial Instruments where the price is falling, or from not being able to purchase Financial Instruments where the price is rising, or from being unable to enter into or complete another transaction which requires the Client to have disposed of or purchased the Financial Instruments or any other loss arising as a result of loss of business, profits, goodwill or data and any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not. The Company shall not be liable for any economic loss or loss of opportunity as a result of which the value of the Client’s Financial Instruments might have increased or for any reduction (however great) in the value of the Client’s Financial Instruments, unless to the extent that such loss or reduction is directly due to deliberate omission or fraud by the Company. The Company shall not be held liable for any loss which is or which may be the result of deceit in relation to the facts or mistaken judgment or any act done or which the Company has omitted to do, whenever it arose, unless to the extent that such deceit or act or omission is due directly to deliberate omission or fraud by the Company. The Company shall not be held liable in relation to any omission, negligence, deliberate omission, fraud, or default of the bank where the Bank Clients’ Account is maintained. The Client warrants and represents that he/she shall indemnify the Company and maintain it so indemnified against any claim, damage, liability, costs or expenses of any third party and/or which may be satisfied by the Company and which may arise in relation to this Agreement and/or in relation to the provision of the Investment Services and/or in relation to the disposal of the Client’s Financial Instruments and/or in relation to the non-fulfilment of any of the Client’s statements and/or Orders and/or instructions contained in this Agreement. Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx The Company will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from any error, delay or failure in the operation of the Trading Platform notwithstanding if the Transaction(s) originated from the client terminal. In the event of the death or mental incapacity of the Client, the Company will have no responsibility or liability whatsoever in respect of the actions or omissions or fraud of the authorized authorised third party in relation to the Client’s Trading Account and/or Money and the Company will stop accepting Requests, Instruction or other communications given from the account of the Client upon receipt of notice of the death or mental incapacity of the Client. Nothing in this Agreement excludes or limits Company’s liability if any such exclusion or limitation is prohibited by law.

Company Liability. The Company will not be liable for any loss, liability or cost suffered or incurred by the Client as a result of providing Services to the Client unless the loss, liability or cost is caused by Company’s gross negligence, willful default or fraud committed while acting on Client’s instructions. The Company will not be liable for any loss, liability or cost which the Client may suffer or incur as a result of the negligence, willful default or fraud of any third party (including any broker, bank, agent, custodian, investment exchange, depository or clearing house, electronic payment provider) which the Company has taken reasonable care in appointing. Neither the Company nor any third party who acts on Company’s behalf in providing a Service to the Client, whether affiliated to the Company or not, nor the Company or its directors, officers, servants, agents or representatives, will be liable to the Client (except in the case of fraud) for any consequential, indirect, special, incidental, punitive or exemplary loss, liability or cost which the Client may suffer or incur arising out of Company’s acts or omissions under this Agreement, howsoever the loss, liability or cost is caused and regardless of whether it was foreseeable or not. For the purpose of this paragraph, the expression “consequential loss, liability or cost” includes any loss, liability or cost arising from Client being unable to sell Financial Instruments where the price is falling, or from not being able to purchase Financial Instruments where the price is rising, or from being unable to enter into or complete another Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx transaction which requires the Client to have disposed of or purchased the Financial Instruments or any other loss arising as a result of loss of business, profits, goodwill or data and any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not. The Company shall not be liable for any economic loss or loss of opportunity as a result of which the value of the Client’s Financial Instruments might have increased or for any reduction (however great) in the value of the Client’s Financial Instruments, unless to the extent that such loss or reduction is directly due to deliberate omission or fraud by the Company. The Company shall not be held liable for any loss which is or which may be the result of deceit in relation to the facts or mistaken judgment or any act done or which the Company has omitted to do, whenever it arose, unless to the extent that such deceit or act or omission is due directly to deliberate omission or fraud by the Company. The Company shall not be held liable in relation to any omission, negligence, deliberate omission, fraud, or default of the bank where the Bank Clients’ Account is maintained. The Client warrants and represents that he/she shall indemnify the Company and maintain it so indemnified against any claim, damage, liability, costs or expenses of any third party and/or which may be satisfied by the Company and which may arise in relation to this Agreement and/or in relation to the provision of the Investment Services and/or in relation to the disposal of the Client’s Financial Instruments and/or in relation to the non-fulfilment of any of the Client’s statements and/or Orders and/or instructions contained in this Agreement. The Company will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly arising from any error, delay or failure in the operation of the Trading Platform notwithstanding if the Transaction(s) originated from the client terminal. In the event of the death or mental incapacity of the Client, the Company will have no responsibility or liability whatsoever in respect of the actions or omissions or fraud of the authorized authorised third party in relation to the Client’s Trading Account and/or Money and the Company will stop accepting Requests, Instruction or other communications given from the account of the Client upon receipt of notice of the death or mental incapacity of the Client. Nothing in this Agreement excludes or limits Company’s liability if any such exclusion or limitation is prohibited by law.. Kingstown, VC0100 St. Xxxxxxx and the Grenadines Email: xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Web: xxx.xxxxxxxxxxxxxxxx.xxx