Fax and email indemnity Sample Clauses

Fax and email indemnity. The Borrowers shall indemnify each Finance Party against any and all Losses together with any VAT thereon which any of the Finance Parties may sustain or incur as a consequence of any fax or email communication purporting to originate from the Borrowers to the Agent or the Security Agent being made or delivered fraudulently or without proper authorisation (unless such Losses are the direct result of the gross negligence or wilful default of the relevant Finance Party or the Agent or the Security Agent).

Fax and email indemnity. The Borrower hereby acknowledges and agrees that communication through facsimile and e-mail have inherent risks associated with them and all such risks shall solely to the account of the Borrower. The Borrower hereby agrees to indemnify the Lender and its officers, directors, employees, shareholders, agents, consultants and other representatives, successors and assigns against any losses, damages, costs, charges, expenses, Taxes sustained or incurred by them as a result of, or in connection with, or arising out of any Notices/communications exchanged between the Parties through e-mail and/ or facsimile in respect of the Financing Documents through e-mail and/ or facsimile.

Fax and email indemnity. Any Party, in transmitting instructions or any other communications to an Administrative by fax (“Fax Communications”) and/or via electronic mail (including scanned copies of executed documents and other attachments) (“Email Communications”), agrees that: (a) the Administrative Parties shall be entitled to assume that Fax Communications and/or Email Communications (collectively the “Communications”) originated from duly authorised persons of a Party and accept, rely and act solely on the Communications and shall be under no obligation to verify the authenticity, correctness or validity of the same or to verify the Communications against the original if received by the Administrative Parties; (b) all Email Communications shall only be sent to the Administrative Parties from the email address set out in Clause 27 (Notices); (c) it shall indemnify and hold the Administrative Parties harmless from and against all liabilities, claims, demands, actions, proceedings, losses, expenses and all other liabilities of whatsoever nature or description which may be suffered by the Administrative Parties as a result of, pursuant to or in connection with the Administrative Parties acting on or in reliance upon the Communications, excluding any losses, costs and damages, attributable to any gross negligence, fraud or wilful default on the part of the Administrative Parties; (d) the Administrative Parties shall not be liable or in any way responsible for any losses, damages, costs, expenses, claims, demands or proceedings whatsoever and howsoever incurred, suffered or sustained (whether arising directly or indirectly) by such Party or any other person as a result of, pursuant to or in connection with (i) the inability of the Administrative Parties to detect the inadequate authenticity of the signature(s) on any Fax Communications or any documents attached or sent using Email Communications; (ii) the Administrative Parties’ agreement to accept and act on Communications (iii) any fraud, forgery or otherwise, (iv) any computer viruses or other malicious, destructive or corrupting code, agent, programme, macros or other software or hardware components designed to permit unauthorised access which have been introduced by such Party and which affects or causes the Administrative Parties’ hardware, software and/or other automated systems to fail or malfunction and such Party hereby waives all claims, actions or proceedings whatsoever which it may have in relation to or in connection...

Fax and email indemnity. In the event that we agree with you that you may give us instructions via fax or email: (a) You authorise the Bank to accept and to carry out and/or to act on instructions or messages given by means of Fax or email. (b) You acknowledge that you are aware of the risks associated with the sending of fax/email and accept all such associated risks without any recourse to the Bank. (c) You acknowledge that Fax/email instructions from you will be regarded as having been received by the Bank, when the Bank acknowledges receipt of the message or instruction, by sending a reply. (d) You indemnify the Bank against, and waive any rights in connection with any demand, claim, action, loss or damage directly or indirectly arising from: (i) Fraudulent, unauthorised, incorrect, incomplete or altered instructions or messages received via fax/email which purport to be instructions or messages (ii) from the User, or someone authorised or deemed to be authorised to act on behalf of the User; (iii) Malfunctions, failure or unavailability of any hardware, software or equipment.

Fax and email indemnity. Each member of the Group acknowledges that facsimile and e-mail are not secure methods of communication and that instructions may be intercepted, lost, destroyed, corrupted or delayed in transmission and that instructions in the name of any member of the Group received by the Bank may not in fact have been sent by such member of the Group or may have been forged or distorted. The Bank is entitled to act upon any facsimile instruction or e-mail in the form received by the Bank as if it had been given by the relevant member of the Group to the Bank in writing in that form. The Bank will not be liable to the Group, whether in contract, tort (including negligence) or otherwise for any direct, indirect or consequential loss arising from the Bank acting on facsimile or e-mail instructions (or for failing to act where any instruction is not received by the Bank in readable form) and the Group will indemnify the Bank from and against all losses, costs, charges, damages a11d expenses (“losses”) which the Bank may incur or sustain or for which the Bank may become liable arising in connection with any facsimile or e-mail instruction except to the extent, if any, that losses are finally determined by a court of competent jurisdiction to have been caused by the Bank’s fraud, gross negligence, or wilful default.