Compensation for damages or losses incurred Sample Clauses

Compensation for damages or losses incurred. 20.1. The Customer agrees to indemnify and hold harmless Lindex, its subsidiaries, affiliates, agents, employees, successors, and assigns ("Lindex Indemnities") from any and all liabilities, losses, damages, costs, and expenses, including legal fees, incurred by any of the Lindex Indemnities as a result of The Customer's failure to fully and promptly fulfil their obligations stated in this agreement or under any Third Party License, or if any of The Customer's statements and warranties are determined to be false or inaccurate. 20.2. The Customer is required to promptly reimburse Lindex Indemnities for all damages, costs, and expenses, including attorney's fees, that are accrued in enforcing any provisions of this Agreement and any other agreements between Lindex and The Customer. 20.3. In addition to any limitations of liability specified elsewhere in this Agreement, Lindex indemnities shall not be held liable and are released from all claims and losses incurred in such regard if the claim or loss was caused or contributed to by: (i) The actions or omission to act on the part of Customer ;(i) The actions or failure to act by The Customer ; (ii) Any act or omission committed by any individual who gains access to The Customer's account, regardless of whether The Customer has granted authorisation or not;(ii) Any act or omission perpetrated by an individual who obtains access to The Customer's account, irrespective of whether The Customer has provided authorisation or not; (iii) System malfunction, equipment failure (whether Customer's equipment or Lindex’s equipment), system interruption;(iii) System malfunction, equipment failure (whether it be The Customer's equipment or Lindex's equipment), or system interruption; (iv) Delays, failure or errors in implementing any instruction;(iv) Any delays, failures, or errors in the execution of any given instruction; (v) Inaccurate or incomplete instructions received by Lindex from Customer; or(v) Lindex may receive instructions from The Customer that need to be more accurate or complete. (vi) The Customer or any other third party with access to The Customer's account shall not rely on or use any financial and market data, quotes, news, analyst opinions, research reports, graphs, or any other data or information available through the trading platform or any Third Party License, whether to complete a transaction on the trading platform or for any other purpose. 20.4. Lindex shall be entitled to set off Customer's liabi...
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Related to Compensation for damages or losses incurred

  • Indemnification Notwithstanding any contrary provision contained in this Agreement, any election hereunder or any termination of this Agreement, and whether or not this Agreement is otherwise carried out, the provisions of Section 5 shall not be in any way affected by such election or termination or failure to carry out the terms of this Agreement or any part hereof.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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