Exclusion of Liability and Indemnity. 7.1 Nothing in this clause 7 shall restrict or exclude liability of HKEX-IS or the Licensee in respect of death or personal injury resulting from negligence. 7.2 Subject to the foregoing, none of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the collection, use or transmission of the Information by or to the Licensee or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEX-IS, the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group. 7.3 Subject to clause 7.1, the Licensee shall at all times hereafter indemnify and keep HKEX-IS, the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses, damages, costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the collection, use or transmission of the Information by or to the Licensee or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents. 7.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 in favour of HKEX- IS, the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS entering into this Agreement. For 7.5 HKEX-IS shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 7 contracts
Samples: Market Data Vendor Licence Agreement, Market Data Vendor Licence Agreement, Market Data Vendor Licence Agreement
Exclusion of Liability and Indemnity. 7.1 Nothing in this clause 7 shall restrict or exclude liability of HKEX-IS or the Licensee in respect of death or personal injury resulting from negligence.
7.2 Subject to the foregoing, none of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the collection, use or transmission of the Information by or to the Licensee or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEX-IS, the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group.
7.3 Subject to clause 7.1, the Licensee shall at all times hereafter indemnify and keep HKEX-IS, the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses, damages, costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the collection, use or transmission of the Information by or to the Licensee or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.other
7.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 in favour of HKEX- IS, the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS entering into this Agreement. ForFor the avoidance of doubt, clause 7 shall apply to HKEX-IS in its personal capacity as well as its capacity as agent under this Agreement, and as trustee for the other members of the HKEX Group.
7.5 HKEX-IS shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 3 contracts
Samples: Market Data Vendor Licence Agreement, Market Data Vendor Licence Agreement, Market Data Vendor Licence Agreement
Exclusion of Liability and Indemnity. 7.1 Nothing in this clause 7 shall restrict or exclude liability of HKEX-IS (CHINA) or the Licensee in respect of death or personal injury resulting from negligence.
7.2 Subject to the foregoing, none of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the collection, use or transmission of the Information by or to the Licensee or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEX-IS, the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group.member
7.3 Subject to clause 7.1, the Licensee shall at all times hereafter indemnify and keep HKEX-ISIS (CHINA), the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses, damages, costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the collection, use or transmission of the Information by or to the Licensee or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.
7.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 in favour of HKEX- ISIS (CHINA), the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS (CHINA) entering into this Agreement. ForFor the avoidance of doubt, clause 7 shall apply to HKEX-IS (CHINA) in its personal capacity as well as its capacity as agent under this Agreement, and as trustee for the other members of the HKEX Group.
7.5 HKEX-IS (CHINA) shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 2 contracts
Samples: Market Data Vendor Licence Agreement, Market Data Vendor Licence Agreement
Exclusion of Liability and Indemnity. 7.1 Nothing in this clause 7 shall restrict or exclude liability of HKEX-IS (CHINA) or the Licensee in respect of death or personal injury resulting from negligence.
7.2 Subject to the foregoing, none of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the collection, use or transmission of the Information by or to the Licensee or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEX-ISIS (CHINA), the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges or any other member of the HKEX Group.
7.3 Subject to clause 7.1, the Licensee shall at all times hereafter indemnify and keep HKEX-ISIS (CHINA), the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses, damages, costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the collection, use or transmission of the Information by or to the Licensee or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.,
7.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 in favour of HKEX- ISIS (CHINA), the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS (CHINA) entering into this Agreement. ForFor the avoidance of doubt, clause 7 shall apply to HKEX-IS (CHINA) in its personal capacity as well as its capacity as agent under this Agreement, and as trustee for the other members of the HKEX Group.
7.5 HKEX-IS (CHINA) shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 2 contracts
Samples: Market Data Vendor Licence Agreement, Market Data Vendor Licence Agreement
Exclusion of Liability and Indemnity. 7.1 8.1 Nothing in this clause 7 8 shall restrict or exclude liability of HKEX-IS or the Licensee in respect of death or personal injury resulting from negligence.
7.2 8.2 Subject to the foregoing, none of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the access to, collection, use or transmission of the Information by or to the Licensee or any Individual User or sub-licensee, or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEX-IS, the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group.Licensee
7.3 8.3 Subject to clause 7.18.1, the Licensee shall at all times hereafter indemnify and keep HKEX-IS, the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses or damages (including without limitation indirect and consequential losses, damages), costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents agents, or for the avoidance of doubt any Third Party Content Provider, in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the access to, collection, use or transmission of the Information by or to the Licensee or any Individual User or sub-licensee, or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.
7.4 8.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 8 in favour of HKEX- HKEX-IS, the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS entering into this Agreement. ForFor the avoidance of doubt, clause 8 shall apply to HKEX-IS in its personal capacity as well as its capacity as agent under this Agreement, and as trustee for the other members of the HKEX Group.
7.5 8.5 HKEX-IS shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 2 contracts
Samples: Market Data End User Licence Agreement, Market Data End User Licence Agreement
Exclusion of Liability and Indemnity. 7.1 8.1 Nothing in this clause 7 shall restrict or exclude liability of HKEXHKEx-IS or the Licensee in respect of death or personal injury resulting from negligence. Further, if the News is not transmitted to the Licensee for a continuous period of not less than 10 consecutive working days on which the Stock Exchange is open for trading in Securities, HKEx-IS shall be liable to compensate the Licensee for loss arising from such non-transmission, but its liability shall be limited to the amount of the Licence Fees payable by the Licensee in respect of that period (reduced pro-rata when the fees are payable in respect of a longer period).
7.2 8.2 Subject to the foregoing, none of HKEXHKEx-IS, the Exchanges, Exchange or any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, whether wilful, negligent or otherwise, arising from or in connection with (a) the collection, use or transmission of the Information News by or to the Licensee or (b) the Information News being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them HKEx-IS pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEXHKEx-IS, the Exchanges, Exchange or any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEXHKEx-IS, the Exchanges, Exchange or any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group.
7.3 8.3 Subject to clause 7.18.1, the Licensee shall will at all times hereafter indemnify and keep HKEXHKEx-IS, the Exchanges, all Exchange and other members of the HKEX HKEx Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses, damages, costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEXHKEx-IS, the Exchanges, Exchange or any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEXHKEx-IS, the Exchanges, Exchange or any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEXHKEx-IS, the Exchanges, Exchange or any other member of the HKEX Group HKEx Group, whether wilful, negligent or any of their directorsotherwise, officers, employees or agents in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the collection, use or transmission of the Information News by or to the Licensee or arising from the Information News being inaccurate, incomplete or otherwise misleading.
8.4 For the purposes of this clause, except to HKEx-IS contracts as agent for the extent Exchange and other members of the wilful defaultHKEx Group, gross negligence or fraud of HKEX-IS, and the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.
7.4 The Licensee agrees to the said exclusion of liability and indemnity under this clause 7 in favour of HKEX- IS, the Exchanges, Exchange and other members of the HKEX HKEx Group and any of their directors, officers, employees or agents in consideration of the Exchanges Exchange and HKEx consenting to HKEXHKEx-IS entering into this Agreement. For
7.5 HKEX-IS shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 1 contract
Samples: Issuer Information Feed Service Agreement (China Finance Online Co. LTD)
Exclusion of Liability and Indemnity. 7.1 8.1 Nothing in this clause 7 8 shall restrict or exclude liability of HKEX-IS (CHINA) or the Licensee in respect of death or personal injury resulting from negligence.
7.2 8.2 Subject to the foregoing, none of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the access to, collection, use or transmission of the Information by or to the Licensee or any Individual User or sub- licensee, or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents for recovery of any of the t he aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEX-ISIS (CHINA), the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges or any other member of the HKEX Group.
7.3 8.3 Subject to clause 7.18.1, the Licensee shall at all times hereafter indemnify and keep HKEX-ISIS (CHINA), the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses or damages (including without limitation indirect and consequential losses, damages), costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents agents, or for the avoidance of doubt any Third Party Content Provider, in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the access to, collection, use or transmission of the Information by or to the Licensee or any Individual User or sub-licensee, or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.
7.4 8.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 8 in favour of HKEX- ISHKEX-IS (CHINA), the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS (CHINA) entering into this Agreement. For
7.5 For the avoidance of doubt, clause 8 shall apply to HKEX-IS (CHINA) in its personal capacity as well as its capacity as agent under this Agreement, and as trustee for the other memb ers of the HKEX Group.
8.5 HKEX-IS (CHINA) shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 1 contract
Exclusion of Liability and Indemnity. 7.1 Nothing in this clause 7 shall restrict or exclude liability of HKEXHKEx-IS or the Licensee in respect of death or personal injury resulting from negligence.
7.2 Subject to the foregoing, none of HKEXHKEx-IS, the Exchanges, any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the collection, use or transmission of the Information by or to the Licensee or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEXHKEx-IS, the Exchanges or any other member of the HKEX HKEx Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEXHKEx-IS, the Exchanges, any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEXHKEx-IS, the Exchanges, any member of the HKEX HKEx Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEXHKEx-IS, the Exchanges or any other member of the HKEX HKEx Group.
7.3 Subject to clause 7.1, the Licensee shall at all times hereafter indemnify and keep HKEXHKEx-IS, the Exchanges, all other members of the HKEX HKEx Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses, damages, costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEXHKEx-IS, the Exchanges, any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEXHKEx-IS, the Exchanges, any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEXHKEx-IS, the Exchanges, any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the collection, use or transmission of the Information by or to the Licensee or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEXHKEx-IS, the Exchanges, any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents.
7.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 in favour of HKEX- HKEx-IS, the Exchanges, other members of the HKEX HKEx Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEXHKEx-IS entering into this Agreement. ForFor the avoidance of doubt, clause 7 shall apply to HKEx-IS in its personal capacity as well as its capacity as agent under this Agreement, and as trustee for the other members of the HKEx Group.
7.5 HKEXHKEx-IS shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 1 contract
Samples: Market Data Vendor Licence Agreement (China Finance Online Co. LTD)
Exclusion of Liability and Indemnity. 7.1 8.1 Nothing in this clause 7 8 shall restrict or exclude liability of HKEX-IS or the Licensee in respect of death or personal injury resulting from negligence.
7.2 8.2 Subject to the foregoing, none of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the access to, collection, use or transmission of the Information by or to the Licensee or any Individual User or sub-licensee, or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEX-IS, the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group.Licensee
7.3 8.3 Subject to clause 7.18.1, the Licensee shall at all times hereafter indemnify and keep HKEX-IS, the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses or damages (including without limitation indirect and consequential losses, damages), costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents agents, or for the avoidance of doubt any Third Party Content Provider, in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the access to, collection, use or transmission of the Information by or to the Licensee or any Individual User or sub-licensee, or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross g xxxx negligence or fraud of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.
7.4 8.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 8 in favour of HKEX- HKEX-IS, the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS entering into this Agreement. ForFor the avoidance of doubt, clause 8 shall apply to HKEX-IS in its personal capacity as well as its capacity as agent under this Agreement, and as trustee for the other members of the HKEX Group.
7.5 8.5 HKEX-IS shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 1 contract
Exclusion of Liability and Indemnity. 7.1 8.1 Nothing in this clause 7 8 shall restrict or exclude liability of HKEX-IS or the Licensee in respect of death or personal injury resulting from negligence.
7.2 8.2 Subject to the foregoing, none of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising a rising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the access to, collection, use or transmission of the Information by or to the Licensee or sub-licensee, or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEX-HKEX- IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEX-IS, the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group.
7.3 8.3 Subject to clause 7.18.1, the Licensee shall at all times hereafter indemnify and keep HKEX-IS, the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses or damages (including without limitation indirect and consequential losses, damages), costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents agents, or for the avoidance of doubt any Third Party Content Provider, in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the access to, collection, use or transmission of the Information by or to the Licensee or sub-licensee, or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.
7.4 8.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 8 in favour of HKEX- HKEX-IS, the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS entering into this Agreement. ForFor the avoidance of doubt, clause 8 shall apply to HKEX-IS in its personal capacity as well as its capacity as agent under this Agreement, and as trustee for the other members of the HKEX Group.
7.5 8.5 HKEX-IS shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 1 contract
Samples: Market Data Application Service Provider Licence Agreement
Exclusion of Liability and Indemnity. 7.1 Nothing in this clause 7 shall restrict or exclude liability of HKEX-IS (CHINA) or the Licensee in respect of death or personal injury resulting from negligence.
7.2 Subject to the foregoing, none of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the collection, use or transmission of the Information by or to the Licensee or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful wil ful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEX-ISIS (CHINA), the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges or any other member of the HKEX Group.
7.3 Subject to clause 7.1, the Licensee shall at all times hereafter indemnify and keep HKEX-ISIS (CHINA), the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses, damages, costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the collection, use or transmission of the Information by or to the Licensee or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.,
7.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 in favour of HKEX- ISIS (CHINA), the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS (CHINA) entering into this Agreement. ForFor the avoidance of doubt, clause 7 shall apply to HKEX-IS (CHINA) in its personal capacity as well as its capacity as agent under this Agreement, and as trustee for the other members of the HKEX Group.
7.5 HKEX-IS (CHINA) shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 1 contract
Samples: Market Data Vendor Licence Agreement
Exclusion of Liability and Indemnity. 7.1 8.1 Nothing in this clause 7 8 shall restrict or exclude liability of HKEX-IS or the Licensee in respect of death or personal injury resulting from negligence.
7.2 8.2 Subject to the foregoing, none of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the access to, collection, use or transmission of the Information by or to the Licensee or sub-licensee, or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEX-HKEX- IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEX-IS, the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group.or
7.3 8.3 Subject to clause 7.18.1, the Licensee shall at all times hereafter indemnify and keep HKEX-IS, the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses or damages (including without limitation indirect and consequential losses, damages), costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents agents, or for the avoidance of doubt any Third Party Content Provider, in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the access to, collection, use or transmission of the Information by or to the Licensee or sub-licensee, or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.
7.4 8.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 8 in favour of HKEX- HKEX-IS, the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS entering into this Agreement. ForFor the avoidance of doubt, clause 8 shall apply to HKEX-IS in its personal capacity as well as its capacity as agent under this Agreement, and as trustee for the other members of the HKEX Group.
7.5 8.5 HKEX-IS shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 1 contract
Samples: Market Data Application Service Provider Licence Agreement
Exclusion of Liability and Indemnity. 7.1 8.1 Nothing in this clause 7 8 shall restrict or exclude liability of HKEX-IS (CHINA) or the Licensee in respect of death or personal injury resulting from negligence.
7.2 8.2 Subject to the foregoing, none of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising a rising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the access to, collection, use or transmission of the Information by or to the Licensee or sub-licensee, or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEX-IS, the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group.Licensee
7.3 8.3 Subject to clause 7.18.1, the Licensee shall at all times hereafter indemnify and keep HKEX-ISIS (CHINA), the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses or damages (including without limitation indirect and consequential losses, damages), costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents agents, or for the avoidance of doubt any Third Party Content Provider, in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the access to, collection, use or transmission of the Information by or to the Licensee or sub-licensee, or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.
7.4 8.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 8 in favour of HKEX- ISHKEX-IS (CHINA), the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS (CHINA) entering into this Agreement. For
7.5 For the avoidance of doubt, clause 8 shall apply to HKEX-IS (CHINA) in its personal capacity as well as its capacity as agent under this Agreement, and as trustee for the other members of the HKEX Group.
8.5 HKEX-IS (CHINA) shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 1 contract
Samples: Market Data Application Service Provider Licence Agreement
Exclusion of Liability and Indemnity. 7.1 Nothing in this clause 7 shall restrict or exclude liability 9.1 If Information is not transmitted to the Company for a continuous period of HKEXnot less than 10 consecutive working days where such non-transmission is due to the fault of HKEx-IS, HKEx-IS shall be liable to compensate the Company for loss arising from such non-transmission, but its liability shall be limited to the amount of the Revenue Sharing Fee or Fixed Fee as the Licensee case may be payable by the Company in respect of death that period (reduced pro-rata if the Revenue Sharing Fee or personal injury resulting from negligencethe Fixed Fee is payable in respect of a longer period).
7.2 Subject to the foregoing9.2 Except as expressly mentioned under clause 9.1 above, none of HKEXneither HKEx-IS, the Exchanges, IS nor any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents shall be liable to the Licensee Company or any person claiming through the Licensee Company in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, whether wilful, negligent or otherwise, arising directly or indirectly from or in connection with (a) the collection, use or transmission of the Information or Basic Information by or to the Licensee Company or (b) the Information or Basic Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges Agreement or any other member of matter contemplated under this Agreement. Further, the HKEX Group. Further the Licensee Company undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEXHKEx-IS, the Exchanges, IS or any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss or damage suffered by the Licensee Company or by any other person or otherwise to maintain any claim against HKEXHKEx-IS, the Exchanges, IS or any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that loss or damage. *** - indicates material omitted pursuant to a Confidential Treatment Request and filed separately with the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group.Securities and Exchange Commission
7.3 9.3 Subject to clause 7.19.1 above, the Licensee shall Company will at all times hereafter indemnify and keep HKEXHKEx-IS, IS and the Exchanges, all other members of the HKEX HKEx Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses, damages, costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEXHKEx-IS, the Exchanges, IS or any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEXHKEx-IS, the Exchanges, IS or any other member of the HKEX HKEx Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the LicenseeCompany, HKEx-IS or on the part of HKEX-IS, the Exchanges, any other member of the HKEX Group HKEx Group, whether wilful, negligent or any of their directorsotherwise, officers, employees or agents in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the collection, use or transmission of the Information or Basic Information by or to the Licensee Company or arising from the Information or Basic Information being inaccurate, incomplete or otherwise misleading.
9.4 For the purposes of this clause, except to the extent of the wilful default, gross negligence or fraud of HKEXHKEx-IS, the Exchanges, any IS contracts as agent for each other member of the HKEX Group or any of their directorsHKEx Group, officers, employees or agents.
7.4 The Licensee and the Company agrees to the said exclusion of liability and indemnity under this clause 7 in favour of HKEX- IS, the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS entering into this Agreement. For
7.5 HKEX-IS shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party ContentHKEx Group.
Appears in 1 contract
Samples: Basic Market Prices Agreement (China Finance Online Co. LTD)
Exclusion of Liability and Indemnity. 7.1 8.1 Nothing in this clause 7 8 shall restrict or exclude liability of HKEX-IS (CHINA) or the Licensee in respect of death or personal injury resulting from negligence.
7.2 8.2 Subject to the foregoing, none of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the access to, collection, use or transmission of the Information by or to the Licensee or any Individual User or sub- licensee, or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEX-ISIS (CHINA), the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges or any other member of the HKEX Group.
7.3 8.3 Subject to clause 7.18.1, the Licensee shall at all times hereafter indemnify and keep HKEX-ISIS (CHINA), the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses or damages (including without limitation indirect and consequential losses, damages), costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents agents, or for the avoidance of doubt any Third Party Content Provider, in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the access to, collection, use or transmission of the Information by or to the Licensee or any Individual User or sub-licensee, or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.
7.4 8.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 8 in favour of HKEX- ISHKEX-IS (CHINA), the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS (CHINA) entering into this Agreement. For
7.5 For the avoidance of doubt, clause 8 shall apply to HKEX-IS (CHINA) in its personal capacity as well as its capacity as agent under this Agreement, and as trustee for the other members of the HKEX Group.
8.5 HKEX-IS (CHINA) shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 1 contract
Exclusion of Liability and Indemnity. 7.1 8.1 Nothing in this clause 7 8 shall restrict or exclude liability of HKEX-IS (CHINA) or the Licensee in respect of death or personal injury resulting from negligence.
7.2 8.2 Subject to the foregoing, none of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents shall be liable to the Licensee or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, arising from or in connection with (a) the access to, collection, use or transmission of the Information by or to the Licensee or sub-licensee, or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges or any other member of the HKEX Group. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEX-ISIS (CHINA), the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges or any other member of the HKEX Group.
7.3 8.3 Subject to clause 7.18.1, the Licensee shall at all times hereafter indemnify and keep HKEX-ISIS (CHINA), the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents effectively indemnified on demand against and in respect of all liabilities, economic or other losses or damages (including without limitation indirect and consequential losses, damages), costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents towards or in relation to any person or which may be taken, made or claimed against HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the Licensee, or on the part of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents agents, or for the avoidance of doubt any Third Party Content Provider, in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the access to, collection, use or transmission of the Information by or to the Licensee or sub-licensee, or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEX-ISIS (CHINA), the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.
7.4 8.4 The Licensee agrees to the exclusion of liability and indemnity under this clause 7 8 in favour of HKEX- ISHKEX-IS (CHINA), the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents in consideration of the Exchanges consenting to HKEX-IS (CHINA) entering into this Agreement. For
7.5 For the avoidance of doubt, clause 8 shall apply to HKEX-IS (CHINA) in its personal capacity as well as its capacity as agent under this Agreement, and as trustee for the other members of the HKEX Group.
8.5 HKEX-IS (CHINA) shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 1 contract
Samples: Market Data Application Service Provider Licence Agreement
Exclusion of Liability and Indemnity. 7.1 Nothing in this clause 7 shall restrict or exclude liability of HKEXHKEx-IS or the Licensee in respect of death or personal injury resulting from negligence.
7.2 Subject to the foregoing, none of HKEXneither HKEx-IS, IS nor the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents Exchange shall be liable to the Licensee Licensee, the Service Provider or any person claiming through the Licensee in respect of consequential, economic or any other loss or damage arising from any act or omission, mistake, delay, interruption, whether wilful, negligent or otherwise, arising from or in connection with (a) the collection, use or transmission supply of the Information by or to the Licensee or its Service Provider or (b) the Information being inaccurate, incomplete or otherwise misleading or (c) any other services to be provided by them pursuant to this Agreement, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Groupmisleading. Further the Licensee undertakes not to institute or attempt or threaten to institute any proceedings in any jurisdiction in or outside Hong Kong against HKEXHKEx-IS, IS or the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents Exchange for recovery of any of the aforesaid loss suffered by the Licensee or by any other person or otherwise to maintain any claim against HKEXHKEx-IS, IS or the Exchanges, any member of the HKEX Group or any of their directors, officers, employees or agents Exchange for or in respect of any of the aforesaid loss, provided that the Licensee shall not be precluded from instituting proceedings in the event of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges or any other member of the HKEX Group.
7.3 Subject to clause 7.1, 7.1 the Licensee shall will at all times hereafter indemnify and keep HKEXHKEx-IS, IS and the Exchanges, all other members of the HKEX Group and all of their directors, officers, employees or agents Exchange effectively indemnified on demand against and in respect of all liabilities, economic or other losses, damages, costs, claims, suits, demands, fees and expenses of whatsoever nature which may be incurred by HKEXHKEx-IS, IS or the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents Exchange towards or in relation to any person or which may be taken, made or claimed against HKEXHKEx-IS, IS or the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents Exchange by any person as a result of or in connection with or arising out of any act, omission, mistake, delay or interruption, on the part of the LicenseeLicensee or its Service Provider, HKEx-IS or on the part of HKEX-ISExchange, the Exchangeswhether wilful, any other member of the HKEX Group negligent or any of their directorsotherwise, officers, employees or agents in relation to this Agreement, including (without prejudice to the generality of the foregoing) acts or omissions in respect of or in connection with or arising out of the collection, use or transmission supply of the Information by or to the Licensee or its Service Provider or arising from the Information being inaccurate, incomplete or otherwise misleading, except to the extent of the wilful default, gross negligence or fraud of HKEX-IS, the Exchanges, any other member of the HKEX Group or any of their directors, officers, employees or agents.
7.4 The For the purposes of this clause, HKEx-IS contracts as agent for the Exchange, and Licensee agrees to the said exclusion of liability and indemnity under this clause 7 in favour of HKEX- IS, the Exchanges, other members of the HKEX Group and any of their directors, officers, employees or agents Exchange in consideration of the Exchanges Exchange consenting to HKEXHKEx-IS entering into this Agreement. For
7.5 HKEX-IS shall not be obliged to procure the supply of Third Party Content nor shall it ensure the accuracy, timeliness, reliability and completeness of any Third Party Content.
Appears in 1 contract
Samples: Service Agreement