General Xxxxxmxxxx. Xhe parties agree that: (a) Morgan Stanley's Responsibility. Morgan Stanley is not acting as a fxxxxxxxx, xxxxxxtion manager, comxxxxxx xxxx xxerator, commodity trading advisor or investment adviser in respect of any Account opened by Customer. Morgan Stanley shall have no responsibility hereunder for compliance xxxx axx xxx or regulation governing the conduct of fiduciaries, foundation managers, commodity pool operators, commodity trading advisors or investment advisers. Morgan Stanley agrees to furnish to the Customer as soon as practicaxxx xxl xx xxx 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. Morgan Stanley shall disclose such information regarding itself and xxx xxfxxxxxxx (including, without limitation, financial statements) as may be required by the Customer for SEC, CFTC and state blue sky disclosure purposes. Morgan Stanley agrees to notify the applicable trading advisor for txx Xxxtxxxx (xach a "Trading Advisor") immediately upon discovery of any error committed by Morgan Stanley or any of its agents with respect to a trade for the Xxxxxxex'x xxxount which Morgan Stanley believes was not executed or cleared in accordance wixx xxxpxx xxxxructions given by the Customer, its Trading Advisors or any other authorized agent of Customer. Errors made by floor brokers appointed or selected by Morgan Stanley shall constitute errors made by Morgan Stanley. Howevxx, Xxrxxx Xxxnley shall not be responsible for xxxxxs xxxxxxted by the Xxxxxxg Xxxxxxrs. Morgan Stanley agrees to report to DWR its own errors and the errors xx xxy Xxxxxxg Advisor for the Account which Morgan Stanley becomes aware of, provided that such reporting may be xxx xexxxxxxx. Notwithstanding the foregoing, the failure to comply with such reporting obligation does not increase Morgan Stanley's liability for its own errors beyond that otherwise xxxxxxxxx xxx xxrth in this Agreement, nor does it make Morgan Stanley in any way responsible for errors committed by the Trxxxxx Axxxxxxx. Morgan Stanley acknowledges that the other partnerships of which Demxxxx Xaxxxxxxxt Corporation (the general partner of Customer) is the general partner, do not constitute affiliates of the Customer.
Appears in 6 contracts
Samples: Customer Agreement (Morgan Stanley Dean Witter Spectrum Select Lp), Customer Agreement (Witter Dean Spectrum Strategic Lp), Customer Agreement (Dean Witter Spectrum Global Balanced Lp)
General Xxxxxmxxxx. Xhe parties agree that:
(a) Morgan Stanley's Responsibility. Morgan Stanley is not acting as a fxxxxxxxx, xxxxxxtion manager, comxxxxxx xxxx xxerator, commodity trading advisor or investment adviser in respect of any Account opened by Customer. Morgan Stanley shall have no responsibility hereunder for compliance xxxx axx xxx or regulation governing the conduct of fiduciaries, foundation managers, commodity pool operators, commodity trading advisors or investment advisers. Morgan Stanley agrees to furnish to the Customer as soon as practicaxxx xxl xx xxx information from time to time in its possession which Customer may be required to furnish to its limited partners Limited Partners pursuant to its limited partnership agreement and as otherwise required by Applicable Law. Morgan Stanley shall disclose such information regarding itself and xxx xxfxxxxxxx (including, without limitation, financial statements) as may be required by the Customer for SEC, CFTC and state blue sky disclosure purposes. Morgan Stanley agrees to notify the applicable trading advisor for txx Xxxtxxxx (xach a "Trading Advisor") immediately upon discovery of any error committed by Morgan Stanley or any of its agents with respect to a trade for the Xxxxxxex'x xxxount which Morgan Stanley believes was not executed or cleared in accordance wixx xxxpxx xxxxructions given by the Customer, its Trading Advisors or any other authorized agent of Customer. Errors made by floor brokers appointed or selected by Morgan Stanley shall constitute errors made by Morgan Stanley. Howevxx, Xxrxxx Xxxnley shall not be responsible for xxxxxs xxxxxxted by the Xxxxxxg Xxxxxxrs. Morgan Stanley agrees to report to DWR Morgan Stanley DW its own errors and the errors xx xxy Xxxxxxg Advisor for the Account xxx xxe xxxxxx of any Trading Advisxx xxx xxx Xxxxxxt which Morgan Stanley becomes aware of, provided that such reporting may be xxx xexxxxxxx. Notwithstanding the foregoing, the failure to comply with such reporting obligation does not increase Morgan Stanley's liability for its own errors beyond that otherwise xxxxxxxxx xxx xxrth in this Agreement, nor does it make Morgan Stanley in any way responsible for errors committed by the Trxxxxx Axxxxxxx. Morgan Stanley acknowledges that the other partnerships of which Demxxxx Xaxxxxxxxt Corporation (the general partner of Customer) is the general partner, do not constitute affiliates of the Customer.
Appears in 1 contract
Samples: Commodity Futures Customer Agreement (Morgan Stanley Charter Campbell Lp)