FAX INDEMNITY. The Client understands that facsimile and electronic instructions are not secure means of communication and there are risks involved. The Client hereby requests GTJAF to accept such facsimile or electronic instructions (including email and internet message) for the Client’s convenience. GTJAF is hereby authorized to act on any facsimile or electronic instructions that GTHAF in its absolute discretion believes emanate from the Client. Provided that GTJAF exercises reasonable care in verifying the signature of the purported authorized person in the facsimile or electronic instructions, GTJAF shall not be liable for acting in good faith on facsimile or electronic instructions that emanate from unauthorized persons. The Client hereby undertakes to indemnity GTJAF and keep GTJAF indemnified at all times against all actions, proceedings, claims, losses, damages, costs and expenses which may be bought against GTJAF or suffered or incurred by GTJAF and which shall have arisen either directly or indirectly out of or in connection with GTJAF accepting facsimile or electronic instructions and action thereon, whether or not the same are confirmed in writing by the Client.
FAX INDEMNITY. The Borrower shall indemnify each Finance Party against any cost, claim, loss, expense (including legal fees) or liability together with any VAT thereon which any of the Finance Parties may sustain or incur as a consequence of any telefax communication purporting to originate from an Obligor to the Agent being made or delivered fraudulently (unless such cost, claim, loss, expense or liability is caused by the gross negligence or wilful misconduct of such Finance Party). For avoidance of doubt, the Borrower shall only be liable under this indemnity in respect of telefax communications originating or purportedly originating from it.
FAX INDEMNITY. Samba is hereby instructed and authorized to rely upon and act in accordance with any instruction(s), authorizations, or communications whatsoever which may be given or purported to be given to Samba in relation to Supplementary Card Application, Contact Information Update, Card Closure, Card Reinstatement, Card Dispute or Customer Service Requests through facsimile transmission (Facsimile Instructions) bearing or purporting to bear the signature of the Card Member without enquiry by the Bank as to the authenticity or genuineness of the signature appearing on the Facsimile Instructions and regardless of the circumstances prevailing at the time of receipt of the Facsimile Instructions by Xxxxx. The Card Member understands and acknowledges that Samba is not obliged to act on any such Instructions and will incur no liability for delay in or failure of transmission or for failing to act in accordance with such Instructions. In consideration of Samba acting in accordance with the foregoing provisions of this fax letter of instruction, the Card Member hereby agrees to indemnify Samba and agree to keep Samba, its Directors, Officers and Employees indemnified against all losses, claims, actions, proceedings, damages, costs and expenses whatsoever and howsoever incurred or sustained by Xxxxx or arising there from. Furthermore, and without/prejudice to the indemnity herein the Card Member undertakes, if so requested by Xxxxx, to provide Samba with additional evidence indicating that the signature appearing on the Facsimile Instruction(s) is genuine. The terms of this indemnity shall remain in full force and effect unless and until Xxxxx receives and has had a reasonable time to act upon a notice of revocation or amendment signed by the Card Member and the Card Member hereby confirms that any such revocation or amendment will not release it from any liability hereunder in respect of any act performed by Xxxxx in accordance with and in reliance upon these terms prior to the expiry of such notice of termination or amendment.
FAX INDEMNITY. The Client understands that facsimile and electronic instructions are not secure means of communication and there are risks involved. The Client hereby requests CCBIS to accept such facsimile or electronic instructions (including email and internet message) for the Client’s convenience. CCBIS is hereby authorized to act on any facsimile or electronic instructions that CCBIS in its absolute discretion believes emanate from the Client. Provided that CCBIS exercises reasonable care in verifying the signature of the purported authorized person in the facsimile or electronic instructions, CCBIS shall not be liable for acting in good faith on facsimile or electronic instructions that emanate from unauthorized persons. The Client hereby undertakes to indemnify CCBIS and keep CCBIS indemnified at all times against all Losses and disputes which may be brought against CCBIS or suffered or incurred by CCBIS and which shall have arisen either directly or indirectly out of or in connection with CCBIS accepting facsimile or electronic Instructions and action thereon, whether or not the same are confirmed in writing by the Client.
FAX INDEMNITY. The Obligors shall indemnify each Finance Party against any cost, claim, loss, expense (including legal fees) or liability together with any VAT thereon which any of the Finance Parties may sustain or incur as a consequence of any telefax communication purporting to originate from an Obligor being made or delivered fraudulently. For avoidance of doubt, an Obligor shall only be liable under this indemnity in respect of telefax communications originating or purportedly originating from it.
FAX INDEMNITY. Where instructions, information, communications or other documents are given or sent by way of facsimile (or as otherwise agreed), the fact that a transmission report produced by the originator of such transmission discloses that the transmission was sent will not be sufficient proof of receipt by the Facility Agent. When the Facility Agent acts on any information, instructions, communications, (including, but not limited to, communications with respect to the wire transfer of funds) sent by facsimile or other agreed form of data transmission, the Facility Agent, in the absence of gross negligence, shall not be responsible or liable in the event such communication is not an authorised or authentic communication of the Lenders or is not in the form the Lenders sent or intended to send (whether due to fraud, distortion or otherwise). The Lenders shall jointly and severally indemnify the Facility Agent against any and all actions, losses, costs, charges, liabilities, claims, demands or expenses (including legal fees and expenses) of any and every kind which may at any time hereafter be incurred by the Facility Agent in consequence of its accepting and acting in accordance with any such instructions, information, communications or documents given or sent as aforesaid whether or not such instructions, information, communications or documents were given or sent or purported to have been given or sent by the Lenders or other person duly authorized to give such instructions, information, communications or documents except where such actions, losses, costs, charges, liabilities, claims, demands or expenses are incurred as a result of the gross negligence of the Facility Agent.
