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):