Common use of Exemption of Liabilities Clause in Contracts

Exemption of Liabilities. (1) The Bank shall be responsible only for Requests from the User received through the computers. In addition to the exemptions from liability provided in the Common Customer Agreement on the PowerFlex Transactions, the Bank shall not be liable for any damages resulting from the following events: (i) If the provision of the Service is delayed or suspended due to breakdowns in the communication devices or lines, disturbances in the communication systems such as in the telephone lines or any errors or omissions in the information sent from the Bank, notwithstanding reasonable safety measures taken by the Bank; (ii) If the User's password or transacted information is intercepted on the communication routes such as the telephone lines and exclusive telephone lines and leaked; (iii) If the Service are delayed or suspended for reasons due to the access provider or the viewing software or if errors or omissions have occurred in the information sent from the Bank; (iv) If any disturbances occur such as due to computer viruses, notwithstanding reasonable safety measures taken by the Bank; or (v) If any disturbances occur in the User's computers or in the information or software with which the User received the information, where such disturbances are not attributable to the Bank such as User's willful conduct or negligence. (vi) Where Investment Trust Transactions are delayed or cannot be executed because of the closing of overseas markets (vii) Where Investment Trust Transactions are delayed or cannot be executed, because the revocation of the license or other administrative disciplinary actions are issued to the company entrusted with investment trusts; the Clearing House in observing its rules takes procedures to suspend transactions between the company and banks/similar institutions; the company has become unable to pay debts or application or petition is submitted for the commencement of legal bankruptcy proceedings, such as bankruptcy proceedings, civil rehabilitation proceedings or special liquidation proceedings (viii) Where Investment Trust Transactions are delayed or cannot be executed because of computer system failures in stock exchanges. (2) If the various transactions pursuant to this Customer Agreement are effected outside of Japan because of the User's omission to notify the change of address, those transactions shall be deemed to have been conducted in Japan and shall be governed only by the laws of Japan. The Bank shall not assume any liabilities whatsoever for any damages incurred by the User in executing the transactions based on this Customer Agreement outside of Japan or from outside of Japan.

Exemption of Liabilities. (1) The Bank shall be responsible only for Requests from the User received through the computers. In addition to the exemptions from liability provided in the Common Customer Agreement on the PowerFlex Transactions, the Bank shall not be liable for any damages resulting from the following events: (i) If the provision of the Service is delayed or suspended due to breakdowns in the communication devices or lines, disturbances in the communication systems such as in the telephone lines or any errors or omissions in the information sent from the Bank, notwithstanding reasonable safety measures taken by the Bank; (ii) If the User's password or transacted information is intercepted on the communication routes such as the telephone lines and exclusive telephone lines and leaked; (iii) If the Service are delayed or suspended for reasons due to the access provider or the viewing software or if errors or omissions have occurred in the information sent from the Bank; (iv) If any disturbances occur such as due to computer viruses, notwithstanding reasonable safety measures taken by the Bank; or (v) If any disturbances occur in the User's computers or in the information or software with which the User received the information, where such disturbances are not attributable to the Bank such as User's willful conduct or negligence. (vi) Where Investment Trust Transactions are delayed or cannot be executed because of the closing of overseas markets (vii) Where Investment Trust Transactions are delayed or cannot be executed, because the revocation of the license or other administrative disciplinary actions are issued to the company entrusted with investment trusts; the Clearing House in observing its rules takes procedures to suspend transactions between the company and banks/similar institutions; the company has become unable to pay debts or application or petition is submitted for the commencement of legal bankruptcy proceedings, such as bankruptcy proceedings, civil rehabilitation proceedings or special liquidation proceedings (viii) Where Investment Trust Transactions are delayed or cannot be executed because of computer system failures in stock exchanges. (2) If the various transactions pursuant to this Customer Agreement are effected outside of Japan because of the User's omission to notify the change of address, those transactions shall be deemed to have been conducted in Japan and shall be governed only by the laws of Japan. The Bank shall not assume any liabilities whatsoever for any damages incurred by the User in executing the transactions based on this Customer Agreement outside of Japan or from outside of Japan.