Counterparts; Facsimiles; Power of Attorney. (a) This Agreement may be executed in counterparts with the same effect as if the parties had all executed the same copy, each of which shall, however, together constitute one and the same document.
(b) Facsimiles of executed documents shall, for all purposes of this Agreement and all transactions into which the Platform enters, have the same force and effect as executed originals.
(c) The Platform shall be authorized to accept and execute any instructions given by a Member in respect of such Member’s Units, either in original signed form or by Facsimile. If instructions are given by Facsimile, the Member shall promptly courier the original signed form to the Sponsor and will indemnify the Sponsor, the Platform and the Sponsor Parties for any losses or damages suffered by the Sponsor, the Platform or any Sponsor Party as a result of acting on Facsimile instructions rather than instructions in original signed form; provided, however, the failure of a Member to deliver the original signed form shall not vitiate the instructions contained in the Facsimile. The Sponsor, the Platform and the Sponsor Parties are entitled to rely conclusively, and shall incur no liability in respect of any action taken or omitted, on the basis of any notice, consent, request, instruction or other instrument believed in good faith to be genuine or to be signed by properly authorized persons.
(d) This Agreement may be executed by power-of-attorney embodied in a Subscription Agreement or other written instrument with the same effect as if the parties executing the Subscription Agreement or other written instrument had all executed the same copy.
Counterparts; Facsimiles; Power of Attorney. (a) This Agreement may be executed in counterparts with the same effect as if the parties had all executed the same copy. Facsimiles, digital image files or any other electronic format of executed documents shall, for all purposes of this Agreement and all transactions into which the Fund enters, have the same force and effect as executed originals.
(b) The Fund shall be authorized to accept and execute any instructions given by a Limited Partner in respect of such Limited Partner’s Interest, either in original signed form or by facsimile. If instructions are given by facsimile, the Limited Partner shall promptly courier the original signed form to the General Partner and, except as otherwise set forth in Section 11.16, will indemnify the General Partner, the Fund and the Declaration Parties for any losses or damages suffered by the General Partner, the Fund or any Declaration Party as a result of acting on facsimile instructions rather than instructions in original signed form; provided, however, the failure of a Limited Partner to deliver the original signed form shall not vitiate the instructions contained in the facsimile. The General Partner, the Fund and the Declaration Parties are entitled to rely conclusively, and shall incur no liability in respect of any action taken or omitted, on the basis of any notice, consent, request, instruction or other instrument believed in good faith to be genuine or to be signed by properly authorized persons.
(c) This Agreement may be executed by power-of-attorney embodied in a Subscription and Capital Commitment Agreement or other written instrument with the same effect as if the parties executing the Subscription and Capital Commitment Agreement or other written instrument had all executed the same copy.
