Customer Liability. 3.1 The Customer will, on demand, hold the Bank and its affiliates harmless from and against any and all losses, costs, claims, damages, penalties, fines, expenses and liabilities which the Bank and their respective affiliates may incur or suffer as a result of or in connection with this Schedule 4 due to the Customer’s act, omission or instructions, including as a result of or in connection with: (a) any breach of any provisions of this schedule on the Customer’s part, or on the part of any person for whom the Customer is responsible in terms of this Schedule 4; (b) the Bank having to pay funds to any other person in settlement of an Order where the Customer has failed to provide the Bank with funds for that Order by the relevant due date; (c) a failure to settle or pay any amount due in respect of a Transaction, Instruction, Order or Custody Securities; and/or (d) any giving unauthorised or incorrect Instructions or Orders or failing to comply with the terms and conditions of this schedule. 3.2 The Customer will be liable for any or all loss suffered by the Bank arising from any security breach caused or permitted by the Customer or the Customer’s failure to comply with this Schedule 4. 3.3 The obligations in this Clause 3 are continuing obligations, independent of the other obligations of the parties under this Schedule 4 and shall survive the termination of this Agreement. It is not necessary for a party to incur expense or make payment before enforcing this Clause 3.
Appears in 4 contracts
Samples: Investment Services Agreement, Investment Services Agreement, Investment Services Agreement
