Common use of Exemption from Liability Clause in Contracts

Exemption from Liability. (a) The Customer acknowledges and agrees that no representation or warranty is given by the Bank as to the performance or profitability of any Investments held on the Customer’s behalf. Except to the extent the same results directly and solely from the Bank’s gross negligence, wilful misconduct, or fraud and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly or solely therefrom, which shall not exceed the market value of such Investment at the time of such gross negligence, wilful misconduct or fraud, the Bank does not assume any liability or responsibility to the Customer or any other person for any Losses, which may be incurred or suffered by the Customer or any other person as a result of or in connection with (including without limitation): (i) any loss of opportunity whereby the value of the Customer’s Investments could have been increased or for any decline in the value of the Customer’s Investments, howsoever arising; (ii) any errors of fact or judgment or any action taken (or omitted to be taken) by the Bank in good faith; (iii) the Bank acting on or the refusal, failure or inability to act on the Instructions received by the Bank; (iv) the negligence, wilful misconduct, fraud, act or omission of any person through whom transactions are effected by the Bank on the Customer’s behalf or who is the counterparty to any such transaction provided that the Bank has exercised reasonable care and has acted in good faith in the appointment or selection of such person; (v) access to the Services by the Customer or any other person whether or not authorised; (vi) any interruption, suspension, delay, loss, mutilation or other failure in transmission of the Instructions or other information howsoever caused; (vii) any failure or delay in transmitting information, quotations, or execution of orders, resulting from malfunctions or errors in communication or transmitting facilities or from significant fluctuations in international foreign exchange markets, or from other causes not attributable to the Bank; and

Exemption from Liability. (a) The Customer acknowledges and agrees 21.1 Neither you nor any of your employees, nominees or agents shall be liable as a result of acting or failing to act in relation or pursuant to any agreement except in the case of your gross negligence or wilful default or where your employees have acted in a fraudulent manner. In that no representation or warranty is given by the Bank as to the performance or profitability of event, your liability in connection with any Investments held on the Customer’s behalf. Except to the extent the same results directly and solely from the Bank’s gross negligence, wilful misconduct, or fraud and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly or solely therefrom, which investment shall not exceed the market value of such Investment the investment at the time of such gross negligence, negligence or wilful misconduct default or fraud. 21.2 Without limiting the generality of the foregoing, you shall not be responsible: (a) for acting in good faith or omitting in good faith to act on my instructions given to you via the Telephone Banking Service, Citibank Online Internet Banking Service, or facsimile banking service and all written instructions howsoever forwarded to you; (b) if, for any reason beyond your control, the Bank does not assume operation of any liability one or responsibility more of my Account(s) or your ability to the Customer or any other person account to me for any Losses, which may be incurred investment in it is restricted or suffered by the Customer or any other person as a result of or in connection with (including without limitation):otherwise affected; (ic) for any damage, loss of opportunity whereby the value or diminution to any of the Customer’s Investments could have been increased investments hereunder or for any decline unavailability or diminution of funds in the value respect of the Customer’s Investments, howsoever arisingsuch investments; (iid) for any errors of fact loss or judgment damage caused by any delay or failure in any action taken (transmission or omitted communication facilities or lead times on external clearing systems or price availability due to be taken) by the Bank in good faithmarket liquidity or time zone differences; (iiie) if the Bank acting funds credited to or debited from any one or more of my Account(s) diminish in value due to taxes, deductions, withholdings, imposts or depreciation or become unavailable due to restrictions (howsoever arising) on convertibility, transferability, requisitions, government acts, orders, decrees and regulations, involuntary transfers, distraint of any character, exercise of military or the refusalusurped powers, failure acts of war or inability to act on the Instructions received by the Bankcivil strife or other similar causes beyond your reasonable control (whether in Vietnam or in any place which you have deposited such funds); (ivf) the negligence, wilful misconduct, fraud, act for any drawings made under any checks or omission of for any person through whom transactions are effected by the Bank on the Customer’s behalf loss or who is the counterparty to any such transaction provided that the Bank has exercised reasonable care and has acted in good faith in the appointment or selection of such person; (v) access to the Services by the Customer or any other person whether or not authorised; (vi) any interruption, suspension, delay, loss, mutilation or other failure in transmission of the Instructions or other information howsoever caused; (vii) any failure or delay in transmitting information, quotations, or execution of orders, resulting from malfunctions or errors in communication or transmitting facilities or from significant fluctuations in international foreign exchange markets, or from other causes not attributable to the Bank; anddamage I