Common use of EXCLUSIONS, LIMITATIONS AND INDEMNITY Clause in Contracts

EXCLUSIONS, LIMITATIONS AND INDEMNITY. General Exclusion It shall be noted that Blue Sun Capital Ltd and any entity related to Blue Sun Capital Ltd, will perform Transactions in good faith and with proper due diligence but neither we nor our directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you under this Agreement (including any Transaction or where we have declined to enter into a proposed Transaction) unless such loss is a reasonably foreseeable consequence or arises directly from our or their respective gross negligence, willful default or fraud. In no circumstance, shall we have liability for losses suffered by you or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this Agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. Nothing in this Agreement will limit our liability for death or personal injury resulting from our negligence. Blue Sun Capital Ltd will not be held liable for any lost opportunities by you that have resulted in either losses or reduction (or increase) in the value of your Financial Instruments. Tax implications Without limitation, we do not accept liability for any adverse tax implications of any Transaction whatsoever. Blue Sun Capital Ltd Levels The levels we present on our site are the ones Blue Sun Capital Ltd is willing to sell options at, they are not the real time market levels. Changes in the market The manner of calculating the Transactions’ expiration rates of indexes, stocks, currencies and commodities which are offered by Blue Sun Capital Ltd are updated from time to time, the assets offered by Blue Sun Capital Ltd and the way the Transactions’ expiration rates of indexes, stocks, currencies and commodities which are offered by Blue Sun Capital Ltd are calculated may change from time to time at Blue Sun Capital Ltd’s sole discretion. Customer undertakes to continuously ensure customer is updated on the assets and the manner of aforesaid calculation. We reserve the right, at our full discretion, not to execute the order, or to change the quoted price of the Transaction, or to offer you a new quote, in case of technical failure of the trading platform or in case of extraordinary or abnormal fluctuations of the price of the financial instrument as offered in the market. In the event we offer you a new quote you have the right to either accept it or refuse it and thus cancel the execution of the Transaction. Without limitation, we do not accept any liability by reason of any delay or change in market conditions before any particular Transaction is affected. Limitation of Liability We shall not be liable to you for any partial or non-performance of our obligations hereunder by reason of any cause beyond our reasonable control, including without limitation any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of our custodian, sub- custodian, dealer, exchange, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations. Nothing in this Agreement will exclude or restrict any duty or liability we may have to you under Applicable Regulations, which may not be excluded or restricted thereunder. Blue Sun Capital Ltd makes every effort to ensure that the Banks and institutions to which your funds and/or Financial Instruments are deposited are of good standing and reputation. However, Blue Sun Capital Ltd shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or institution, or for an event such as a liquidation, receivership or any other event that causes the Bank or institution of a failure and therefore leads to a loss of all or part of the funds deposited. Without prejudice to any other terms of this Agreement, Blue Sun Capital Ltd will not be liable for: • Systems errors (Blue Sun Capital Ltd’s or service providers) • Delays • Viruses • Unauthorized use For any act taken by or on the instruction of a Market, clearing house or regulatory body. You further acknowledge that you are responsible for reviewing the expiration dates for the options, which are located on the Company’s official website. Responsibility for orders You will be responsible for all orders entered on your behalf via an Electronic Service and you will be fully liable to us for the settlement of any Transaction arising from it. Entire Agreement You acknowledge that you have not relied on or been induced to enter into this Agreement by a representation other than those expressly set out in this Agreement. We will not be liable to you (in equity, contract or tort) for a representation that is not set out in this Agreement and that is not fraudulent. Indemnity You shall pay to us such sums as we may – require, on a full indemnity basis, for any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which we may incur or be subjected to with respect to any of your accounts or any Transaction or as a result of any misrepresentation by you or any violation by you of your obligations under this Agreement (including any Transaction) or by the enforcement of our rights.

EXCLUSIONS, LIMITATIONS AND INDEMNITY. General Exclusion It shall be noted that Blue Sun Capital Ltd Namir Trade LTD and any entity related to Blue Sun Capital LtdNamir Trade LTD, will perform Transactions in good faith and with proper due diligence but neither we nor our directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you under this Agreement (including any Transaction or where we have declined to enter into a proposed Transaction) unless such loss is a reasonably foreseeable consequence or arises directly from our or their respective gross negligence, willful default or fraud. In no circumstance, shall we have liability for losses suffered by you or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this Agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. Nothing in this Agreement will limit our liability for death or personal injury resulting from our negligence. Blue Sun Capital Ltd Namir Trade LTD will not be held liable for any lost opportunities by you that have resulted in either losses or reduction (or increase) in the value of your Financial Instruments. Tax implications Without limitation, we do not accept liability for any adverse tax implications of any Transaction whatsoever. Blue Sun Capital Ltd Namir Trade LTD Levels The levels we present on our site are the ones Blue Sun Capital Ltd Namir Trade LTD is willing to sell options at, they are not the real time market levels. Changes in the market The manner of calculating the Transactions’ expiration rates of indexes, stocks, currencies and commodities which are offered by Blue Sun Capital Ltd Namir Trade LTD are updated from time to time, the assets offered by Blue Sun Capital Ltd Namir Trade LTD and the way the Transactions’ expiration rates of indexes, stocks, currencies and commodities which are offered by Blue Sun Capital Ltd Namir Trade LTD are calculated may change from time to time at Blue Sun Capital LtdNamir Trade LTD’s sole discretion. Customer undertakes to continuously ensure customer is updated on the assets and the manner of aforesaid calculation. We reserve the right, at our full discretion, not to execute the order, or to change the quoted price of the Transaction, or to offer you a new quote, in case of technical failure of the trading platform or in case of extraordinary or abnormal fluctuations of the price of the financial instrument as offered in the market. In the event we offer you a new quote you have the right to either accept it or refuse it and thus cancel the execution of the Transaction. Without limitation, we do not accept any liability by reason of any delay or change in market conditions before any particular Transaction is affected. Limitation of Liability We shall not be liable to you for any partial or non-performance of our obligations hereunder by reason of any cause beyond our reasonable control, including without limitation any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of our custodian, sub- custodian, dealer, exchange, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations. Nothing in this Agreement will exclude or restrict any duty or liability we may have to you under Applicable Regulations, which may not be excluded or restricted thereunder. Blue Sun Capital Ltd Namir Trade LTD makes every effort to ensure that the Banks and institutions to which your funds and/or Financial Instruments are deposited are of good standing and reputation. However, Blue Sun Capital Ltd Namir Trade LTD shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or institution, or for an event such as a liquidation, receivership or any other event that causes the Bank or institution of a failure and therefore leads to a loss of all or part of the funds deposited. Without prejudice to any other terms of this Agreement, Blue Sun Capital Ltd Namir Trade LTD will not be liable for: • Systems errors (Blue Sun Capital LtdNamir Trade LTD’s or service providers) • Delays • Viruses • Unauthorized use For any act taken by or on the instruction of a Market, clearing house or regulatory body. You further acknowledge that you are responsible for reviewing the expiration dates for the options, which are located on the Company’s official website. Responsibility for orders You will be responsible for all orders entered on your behalf via an Electronic Service and you will be fully liable to us for the settlement of any Transaction arising from it. Entire Agreement You acknowledge that you have not relied on or been induced to enter into this Agreement by a representation other than those expressly set out in this Agreement. We will not be liable to you (in equity, contract or tort) for a representation that is not set out in this Agreement and that is not fraudulent. Indemnity You shall pay to us such sums as we may – require, on a full indemnity basis, for any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which we may incur or be subjected to with respect to any of your accounts or any Transaction or as a result of any misrepresentation by you or any violation by you of your obligations under this Agreement (including any Transaction) or by the enforcement of our rights.

EXCLUSIONS, LIMITATIONS AND INDEMNITY. General Exclusion It shall be noted that Blue Sun Capital Ltd Nasr Trade LTD and any entity related to Blue Sun Capital LtdNasr Trade LTD, will perform Transactions in good faith and with proper due diligence but neither we nor our directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you under this Agreement (including any Transaction or where we have declined to enter into a proposed Transaction) unless such loss is a reasonably foreseeable consequence or arises directly from our or their respective gross negligence, willful default or fraud. In no circumstance, shall we have liability for losses suffered by you or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this Agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. Nothing in this Agreement will limit our liability for death or personal injury resulting from our negligence. Blue Sun Capital Ltd Nasr Trade LTD will not be held liable for any lost opportunities by you that have resulted in either losses or reduction (or increase) in the value of your Financial Instruments. Tax implications Without limitation, we do not accept liability for any adverse tax implications of any Transaction whatsoever. Blue Sun Capital Ltd Nasr Trade LTD Levels The levels we present on our site are the ones Blue Sun Capital Ltd Nasr Trade LTD is willing to sell options at, they are not the real time market levels. Changes in the market The manner of calculating the Transactions’ expiration rates of indexes, stocks, currencies and commodities which are offered by Blue Sun Capital Ltd Nasr Trade LTD are updated from time to time, the assets offered by Blue Sun Capital Ltd Nasr Trade LTD and the way the Transactions’ expiration rates of indexes, stocks, currencies and commodities which are offered by Blue Sun Capital Ltd Nasr Trade LTD are calculated may change from time to time at Blue Sun Capital LtdNasr Trade LTD’s sole discretion. Customer undertakes to continuously ensure customer is updated on the assets and the manner of aforesaid calculation. We reserve the right, at our full discretion, not to execute the order, or to change the quoted price of the Transaction, or to offer you a new quote, in case of technical failure of the trading platform or in case of extraordinary or abnormal fluctuations of the price of the financial instrument as offered in the market. In the event we offer you a new quote you have the right to either accept it or refuse it and thus cancel the execution of the Transaction. Without limitation, we do not accept any liability by reason of any delay or change in market conditions before any particular Transaction is affected. Limitation of Liability We shall not be liable to you for any partial or non-performance of our obligations hereunder by reason of any cause beyond our reasonable control, including without limitation any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of our custodian, sub- custodian, dealer, exchange, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations. Nothing in this Agreement will exclude or restrict any duty or liability we may have to you under Applicable Regulations, which may not be excluded or restricted thereunder. Blue Sun Capital Ltd Nasr Trade LTD makes every effort to ensure that the Banks and institutions to which your funds and/or Financial Instruments are deposited are of good standing and reputation. However, Blue Sun Capital Ltd Nasr Trade LTD shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or institution, or for an event such as a liquidation, receivership or any other event that causes the Bank or institution of a failure and therefore leads to a loss of all or part of the funds deposited. Without prejudice to any other terms of this Agreement, Blue Sun Capital Ltd Nasr Trade LTD will not be liable for: • Systems errors (Blue Sun Capital LtdNasr Trade LTD’s or service providers) • Delays • Viruses • Unauthorized use For any act taken by or on the instruction of a Market, clearing house or regulatory body. You further acknowledge that you are responsible for reviewing the expiration dates for the options, which are located on the Company’s official website. Responsibility for orders You will be responsible for all orders entered on your behalf via an Electronic Service and you will be fully liable to us for the settlement of any Transaction arising from it. Entire Agreement You acknowledge that you have not relied on or been induced to enter into this Agreement by a representation other than those expressly set out in this Agreement. We will not be liable to you (in equity, contract or tort) for a representation that is not set out in this Agreement and that is not fraudulent. Indemnity You shall pay to us such sums as we may – require, on a full indemnity basis, for any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which we may incur or be subjected to with respect to any of your accounts or any Transaction or as a result of any misrepresentation by you or any violation by you of your obligations under this Agreement (including any Transaction) or by the enforcement of our rights.