Common use of Indemnities by you Clause in Contracts

Indemnities by you. 15.1 Except insofar as the same may result from our negligence, wilful default or fraud or that of our employees, a group company, Associate or the Custodian under paragraph 13.3 above (we, our employees, a group company, or our custodians or nominees being an “Indemnified Party”), you agree to indemnify each Indemnified Party and the other Investors against all costs, losses, claims and expenses which any Indemnified Party may incur or have made against it (including, without limitation by any one or more other Investors) or which any other Investor may incur: (a) in consequence of any breach by you of the Terms & Conditions, including, but without limitation, any breach of any of your warranties in paragraph 14; or (b) arising out of any action properly taken by an Indemnified Party in accordance with these Terms & Conditions PROVIDED THAT, your liability under this paragraph 15.1 shall not exceed the total value of your Subscription under these Terms & Conditions. 15.2 We do not provide any investment advice or advise you on your own personal taxation matters in respect of the KI EIS Fund’s investments. Whilst we shall take reasonable care to ensure that we do not take or omit to take any actions which would prejudice your tax position, you and your other appropriate professional advisers remain responsible for the management of your tax affairs. We do not accept liability for any act or omission on your part which may result in you not being entitled to EIS tax reliefs or CGT Deferral. 15.3 Where you are a trustee, your liability under these Terms & Conditions shall be limited, in the absence of fraud, to the assets of the trust from time to time.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

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Indemnities by you. 15.1 Except insofar as the same may result from our negligence, wilful default or fraud or that of our employees, a group company, Associate or the Custodian under paragraph 13.3 above (we, our employees, a group company, or our custodians or nominees being an “Indemnified Party”), you agree to indemnify each Indemnified Party and the other Investors against all costs, losses, claims and expenses which any Indemnified Party may incur or have made against it (including, without limitation by any one or more other Investors) or which any other Investor may incur: (a) in consequence of any breach by you of the Terms & Conditions, including, but without limitation, any breach of any of your warranties in paragraph 14; or (b) arising out of any action properly taken by an Indemnified Party in accordance with these Terms & Conditions PROVIDED THAT, your liability under this paragraph 15.1 shall not exceed the total value of your Subscription under these Terms & Conditions. 15.2 We do not provide any investment advice or advise you on your own personal taxation matters in respect of the KI EIS Fund’s Funds’ investments. Whilst we shall take reasonable care to ensure that we do not take or omit to take any actions which would prejudice your tax position, you and your other appropriate professional advisers remain responsible for the management of your tax affairs. We do not accept liability for any act or omission on your part which may result in you not being entitled to EIS tax reliefs or CGT Deferral.Relief.. 15.3 Where you are a trustee, your liability under these Terms & Conditions shall be limited, in the absence of fraud, to the assets of the trust from time to time.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

Indemnities by you. 15.1 Except insofar as the same may result from our negligence, wilful default or fraud or that of our employees, a group company, Associate or the Custodian under paragraph 13.3 above (we, our employees, a group company, or our custodians or nominees being an “Indemnified Party”), you agree to indemnify each Indemnified Party and the other Investors against all costs, losses, claims and expenses which any Indemnified Party may incur or have made against it (including, without limitation by any one or more other Investors) or which any other Investor may incur: (a) in consequence of any breach by you of the Terms & Conditions, including, but without limitation, any breach of any of your warranties in paragraph 14; or (b) arising out of any action properly taken by an Indemnified Party in accordance with these Terms & Conditions PROVIDED THAT, your liability under this paragraph 15.1 shall not exceed the total value of your Subscription under these Terms & Conditions. 15.2 We do not provide any investment advice or advise you on your own personal taxation matters in respect of the KI EIS Fund’s investments. Whilst we shall take reasonable care to ensure that we do not take or omit to take any actions which would prejudice your tax position, you and your other appropriate professional advisers remain responsible for the management of your tax affairs. We do not accept liability for any act or omission on your part which may result in you not being entitled to EIS tax reliefs or CGT Deferral. 15.3 Where you are a trustee, your liability under these Terms & Conditions shall be limited, in the absence of fraud, to the assets of the trust from time to time.

Appears in 1 contract

Samples: Customer Agreement

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Indemnities by you. 15.1 Except insofar as the same may result from our negligence, wilful default or fraud or that of our employees, a group company, Associate or the Custodian under paragraph 13.3 above (we, our employees, a group company, or our custodians or nominees being an “Indemnified Party”), you agree to indemnify each Indemnified Party and the other Investors against all costs, losses, claims and expenses which any Indemnified Party may incur or have made against it (including, without limitation by any one or more other Investors) or which any other Investor may incur: (a) in consequence of any breach by you of the Terms & Conditions, including, but without limitation, any breach of any of your warranties in paragraph 14; or (b) arising out of any action properly taken by an Indemnified Party in accordance with these Terms Ter ms & Conditions PROVIDED THAT, your liability under this paragraph thisparagraph 15.1 shall not exceed the total value of your Subscription under these Terms & Conditions. 15.2 We do not provide any investment advice or advise you on your own personal taxation matters matter s in respect of the KI EIS Fund’s investments. Whilst we shall take reasonable care to ensure that we do not take or omit to take any actions which would prejudice your tax position, you and your other appropriate professional advisers remain responsible for the management of your tax affairs. We do not accept liability for any act or omission on your part which may result in you not being entitled to EIS tax reliefs or CGT Deferral.Relief .. 15.3 Where you are a trustee, your liability under these Terms & Conditions shall be limited, in the absence of fraud, to the assets of the trust from time to time.

Appears in 1 contract

Samples: Customer Agreement

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