Common use of General Agreements Clause in Contracts

General Agreements. The parties agree that: (a) Xxxxxx Xxxxxxx'x Responsibility. Xxxxxx Xxxxxxx is not acting as a fiduciary, foundation manager, commodity pool operator, commodity trading advisor or investment adviser in respect of any Account opened by Customer. Xxxxxx Xxxxxxx shall have no responsibility hereunder for compliance with any law or regulation governing the conduct of fiduciaries, foundation managers, commodity pool operators, commodity trading advisors or investment advisers. Xxxxxx Xxxxxxx agrees to furnish to the Customer as soon as practicable all of the information from time to time in its possession which Customer may be required to furnish to its limited partners pursuant to its limited partnership agreement and as otherwise required by Applicable Law. Xxxxxx Xxxxxxx shall disclose such information regarding itself and its affiliates (including, without limitation, financial statements) as may be required by the Customer for SEC, CFTC and state blue sky disclosure purposes. Xxxxxx Xxxxxxx agrees to notify the applicable trading advisor for the Customer (each a "Trading Advisor") immediately upon discovery of any error committed by Xxxxxx Xxxxxxx or any of its agents with respect to a trade for the Customer's account which Xxxxxx Xxxxxxx believes was not executed or cleared in accordance with proper instructions given by the Customer, its Trading Advisors or any other authorized agent of Customer. Errors made by floor brokers appointed or selected by Xxxxxx Xxxxxxx shall constitute errors made by Xxxxxx Xxxxxxx. However, Xxxxxx Xxxxxxx shall not be responsible for errors committed by the Trading Advisors. Xxxxxx Xxxxxxx agrees to report to DWR its own errors and the errors of any Trading Advisor for the Account which Xxxxxx Xxxxxxx becomes aware of, provided that such reporting may be via telephone. Notwithstanding the foregoing, the failure to comply with such reporting obligation does not increase Xxxxxx Xxxxxxx'x liability for its own errors beyond that otherwise expressly set forth in this Agreement, nor does it make Xxxxxx Xxxxxxx in any way responsible for errors committed by the Trading Advisors. Xxxxxx Xxxxxxx acknowledges that the other partnerships of which Demeter Management Corporation (the general partner of Customer) is the general partner, do not constitute affiliates of the Customer.

General Agreements. The parties agree that: (a) Xxxxxx Xxxxxxx'x ResponsibilityXXXXXX XXXXXXX'X RESPONSIBILITY. Xxxxxx Xxxxxxx is not acting as a fiduciary, foundation manager, commodity pool operator, commodity trading advisor or investment adviser in respect of any Account opened by Customer. Xxxxxx Xxxxxxx shall have no responsibility hereunder for compliance with any law or regulation governing the conduct of fiduciaries, foundation managers, commodity pool operators, commodity trading advisors or investment advisers. Xxxxxx Xxxxxxx agrees to furnish to the Customer as soon as practicable all of the information from time to time in its possession which Customer may be required to furnish to its limited partners pursuant to its limited partnership agreement and as otherwise required by Applicable Law. Xxxxxx Xxxxxxx shall disclose such information regarding itself and its affiliates (including, without limitation, financial statements) as may be required by the Customer for SEC, CFTC and state blue sky disclosure purposes. Xxxxxx Xxxxxxx agrees to notify the applicable trading advisor for the Customer (each a "Trading Advisor") immediately upon discovery of any error committed by Xxxxxx Xxxxxxx or any of its agents with respect to a trade for the Customer's account which Xxxxxx Xxxxxxx believes was not executed or cleared in accordance with proper instructions given by the Customer, its Trading Advisors or any other authorized agent of Customer. Errors made by floor brokers appointed or selected by Xxxxxx Xxxxxxx shall constitute errors made by Xxxxxx Xxxxxxx. However, Xxxxxx Xxxxxxx shall not be responsible for errors committed by the Trading Advisors. Xxxxxx Xxxxxxx agrees to report to DWR its own errors and the errors of any Trading Advisor for the Account which Xxxxxx Xxxxxxx becomes aware of, provided that such reporting may be via telephone. Notwithstanding the foregoing, the failure to comply with such reporting obligation does not increase Xxxxxx Xxxxxxx'x liability for its own errors beyond that otherwise expressly set forth in this Agreement, nor does it make Xxxxxx Xxxxxxx in any way responsible for errors committed by the Trading Advisors. Xxxxxx Xxxxxxx acknowledges that the other partnerships of which Demeter Management Corporation (the general partner of Customer) is the general partner, do not constitute affiliates of the Customer.

General Agreements. The parties agree that: (aA) Xxxxxx Xxxxxxx'x ResponsibilityXXXXXX XXXXXXX'X RESPONSIBILITY. Xxxxxx Xxxxxxx is not acting as a fiduciary, foundation manager, commodity pool operator, commodity trading advisor or investment adviser in respect of any Account opened by Customer. Xxxxxx Xxxxxxx shall have no responsibility hereunder for compliance with any law or regulation governing the conduct of fiduciaries, foundation managers, commodity pool operators, commodity trading advisors or investment advisers. Xxxxxx Xxxxxxx agrees to furnish to the Customer as soon as practicable all of the information from time to time in its possession which Customer may be required to furnish to its limited partners pursuant to its limited partnership agreement and as otherwise required by Applicable Law. Xxxxxx Xxxxxxx shall disclose such information regarding itself and its affiliates (including, without limitation, financial statements) as may be required by the Customer for SEC, CFTC and state blue sky disclosure purposes. Xxxxxx Xxxxxxx agrees to notify the applicable trading advisor for the Customer (each a "Trading Advisor") immediately upon discovery of any error committed by Xxxxxx Xxxxxxx or any of its agents with respect to a trade for the Customer's account which Xxxxxx Xxxxxxx believes was not executed or cleared in accordance with proper instructions given by the Customer, its Trading Advisors or any other authorized agent of Customer. Errors made by floor brokers appointed or selected by Xxxxxx Xxxxxxx shall constitute errors made by Xxxxxx Xxxxxxx. However, Xxxxxx Xxxxxxx shall not be responsible for errors committed by the Trading Advisors. Xxxxxx Xxxxxxx agrees to report to DWR its own errors and the errors of any Trading Advisor for the Account which Xxxxxx Xxxxxxx becomes aware of, provided that such reporting may be via telephone. Notwithstanding the foregoing, the failure to comply with such reporting obligation does not increase Xxxxxx Xxxxxxx'x liability for its own errors beyond that otherwise expressly set forth in this Agreement, nor does it make Xxxxxx Xxxxxxx in any way responsible for errors committed by the Trading Advisors. Xxxxxx Xxxxxxx acknowledges that the other partnerships of which Demeter Management Corporation (the general partner of Customer) is the general partner, do not constitute affiliates of the Customer.

General Agreements. The parties Xxx pxxxxxx agree that: (a) Xxxxxx Xxxxxxx'x : ------------------ Morgan Stanley's Responsibility. Xxxxxx Xxxxxxx Morgan Stanley is not acting as a fiduciaryxxxxxxxxx, foundation xxxxxation manager, commodity pool operatorcoxxxxxxy xxxx xperator, commodity trading advisor or investment adviser in respect of any Account opened by Customer. Xxxxxx Xxxxxxx Morgan Stanley shall have no responsibility hereunder for compliance with any law compliancx xxxx xxx xxx or regulation governing the conduct of fiduciaries, foundation managers, commodity pool operators, commodity trading advisors or investment advisers. Xxxxxx Xxxxxxx Morgan Stanley agrees to furnish to the Customer as soon as practicable all of the practicxxxx xlx xx xxe information from time to time in its possession which Customer may be required to furnish to its limited partners pursuant to its limited partnership agreement and as otherwise required by Applicable Law. Xxxxxx Xxxxxxx Morgan Stanley shall disclose such information regarding itself and its affiliates xxx xfxxxxxxxs (including, without limitation, financial statements) as may be required by the Customer for SEC, CFTC and state blue sky disclosure purposes. Xxxxxx Xxxxxxx Morgan Stanley agrees to notify the applicable trading advisor for the Customer xxx Xxsxxxxx (each each, a "Trading Advisor") immediately upon discovery of any error committed by Xxxxxx Xxxxxxx Morgan Stanley or any of its agents with respect to a trade for the Customer's account Xxxxxmxx'x xxcount which Xxxxxx Xxxxxxx Morgan Stanley believes was not executed or cleared in accordance with proper instructions wxxx xxoxxx xxxtructions given by the Customer, its Trading Advisors or any other authorized agent of Customer. Errors made by floor brokers appointed or selected by Xxxxxx Xxxxxxx Morgan Stanley shall constitute errors made by Xxxxxx XxxxxxxMorgan Stanley. HoweverHowexxx, Xxxxxx Xxxxxxx Xoxxxx Xxanley shall not be responsible for errors committed fox xxxxrx xxxxxtted by the Trading AdvisorsXxxxxnx Xxxxxors. Xxxxxx Xxxxxxx Morgan Stanley agrees to report to DWR its own errors and the errors of any Trading errorx xx xnx Xxxxxng Advisor for the Account which Xxxxxx Xxxxxxx Morgan Stanley becomes aware of, provided that such reporting may be via telephonebx xxx txxxxxxxe. Notwithstanding the foregoing, the failure to comply with such reporting obligation does not increase Xxxxxx Xxxxxxx'x Morgan Stanley's liability for its own errors beyond that otherwise expressly set forth xxxxxxxxx xxx xorth in this Agreement, nor does it make Xxxxxx Xxxxxxx Morgan Stanley in any way responsible for errors committed by the Trading AdvisorsTxxxxxx Xxxxxxxs. Xxxxxx Xxxxxxx Morgan Stanley acknowledges that the other partnerships of which Demeter Management Dexxxxx Mxxxxxxxnt Corporation (the general partner of Customer) is the general partner, do not constitute affiliates of the Customer.