Common use of Indemnity and Exclusion of Liability Clause in Contracts

Indemnity and Exclusion of Liability. 20.1 You agree to indemnify on a full indemnity basis, to compensate us, and to hold us and all of our directors, employees, officers, Affiliates or counter-party employed or used by us in connection with the Services (collectively, our “Associates”) harmless from and against any and all losses, and reimburse on demand, against all losses which we or our Associates may suffer or incur arising from or in connection with the operation of the Private Fund, Account, Transactions, Services, or any Instructions, whether incurred directly or indirectly (unless they arise solely from our fraud, gross negligence or wilful misconduct). 20.2 We and our Associates shall not be responsible for or liable to you for any loss which may be suffered or incurred by you in any way in relation to any Services provided pursuant to these Terms, or Transaction contemplated under these Terms, howsoever caused, except for any such loss or damage which is due to our fraud, gross negligence or wilful misconduct. In such event, our liability in connection with any Transaction or Service, shall not exceed the market value of such Transaction or Service at the time of the fraud, gross negligence or wilful default. 20.3 We shall not be liable for any losses incurred by you as a result of any action taken by or omission on our part in good faith. We shall not, in the absence of fraud, gross negligence or wilful misconduct be liable to you for any act or omission in the course of or in connection with the Services rendered by under these Terms or for any losses which you may suffer or sustain as a We and our Associates are not liable for any losses you may incur unless they were caused by our fraud, gross negligence or wilful misconduct. You also agree to indemnify us and our Associates for any losses which we may incur unless they were caused by our fraud, gross negligence or willful default. result of, in connection with or in the course of discharge by us of our duties hereunder.

Indemnity and Exclusion of Liability. 20.1 You agree to indemnify on a full indemnity basis, to compensate us, and to hold us and all of our directors, employees, officers, Affiliates or counter-party employed or used by us in connection with the Services (collectively, our “Associates”) harmless from and against any and all losses, and reimburse on demand, against all losses which we or our Associates may suffer or incur arising from or in connection with the operation of the Private Fund, Account, Transactions, Services, or any Instructions, whether incurred directly or indirectly (unless they arise solely from our fraud, gross negligence or wilful misconduct). 20.2 We and our Associates shall not be responsible for or liable to you for any loss which may be suffered or incurred by you in any way in relation to any Services provided pursuant to these Terms, or Transaction contemplated under these Terms, howsoever caused, except for any such loss or damage which is due to our fraud, gross negligence or wilful misconduct. In such event, our liability in connection with any Transaction or Service, shall not exceed the market value of such Transaction or Service at the time of the fraud, gross negligence or wilful default. 20.3 We shall not be liable for any losses incurred by you as a result of any action taken by or omission on our part in good faith. We shall not, in the absence of fraud, gross negligence or wilful misconduct be liable to you for any act or omission in the course of or in connection with the Services rendered by under these Terms or for any losses which you may suffer or sustain as a We and our Associates are not liable for any losses you may incur unless they were caused by our fraud, gross negligence or wilful misconduct. You also agree to indemnify us and our Associates for any losses which we may incur unless they were caused by our fraud, gross negligence or willful default. of or in connection with the Services rendered by under these Terms or for any losses which you may suffer or sustain as a result of, in connection with or in the course of discharge by us of our duties hereunder.

Indemnity and Exclusion of Liability. 20.1 You agree to indemnify on a full indemnity basis, to compensate us, and to hold us and all of our directors, employees, officers, Affiliates or counter-party employed or used by us in connection with the Services (collectively, our “"Associates”") harmless from and against any and all losses, and reimburse on demand, against all losses which we or our Associates may suffer or incur arising from or in connection with the operation of the Private Fund, Account, Transactions, Services, or any Instructions, whether incurred directly or indirectly (unless they arise solely from our fraud, gross negligence or wilful misconductdefault). 20.2 We and our Associates shall not be responsible for or liable to you for any loss which may be suffered or incurred by you in any way in relation to any Services provided pursuant to these Terms, or Transaction contemplated under these Terms, howsoever caused, except for any such loss or damage which is due to our fraud, gross negligence or wilful misconductdefault. In such event, our liability in connection with any Transaction or Service, shall not exceed the market value of such Transaction or Service at the time of the fraud, gross negligence or wilful default. 20.3 We shall not be liable for any losses incurred by you We and our Associates are not liable for any losses you may incur unless they were caused by our fraud, gross negligence or wilful default. You also agree to indemnify us and our Associates for any losses which we may incur unless they were caused by our fraud, gross negligence or wilful default. Kami xxx Sekutu kami tidak bertanggungjawab atas sebarang kerugian yang mungkin ditanggung oleh anda kecuali kerugian tersebut disebabkan oleh penipuan, kecuaian melampau atau keingkaran yang disengajakan oleh kami. Anda juga bersetuju menanggung rugi kami xxx Sekutu kami atas sebarang kerugian yang mungkin kami tanggung kecuali kerugian tersebut disebabkan oleh penipuan, kecuaian melampau atau keingkaran yang disengajakan oleh kami. as a result of any action taken by or omission on our part in good faith. We shall not, in the absence of fraud, gross negligence or wilful misconduct default be liable to you for any act or omission in the course of or in connection with the Services rendered by under these Terms or for any losses which you may suffer or sustain as a We and our Associates are not liable for any losses you may incur unless they were caused by our fraud, gross negligence or wilful misconduct. You also agree to indemnify us and our Associates for any losses which we may incur unless they were caused by our fraud, gross negligence or willful default. result of, in connection with or in the course of discharge by us of our its duties hereunder.

Indemnity and Exclusion of Liability. 20.1 You agree to indemnify on a full indemnity basis, to compensate us, and to hold us and all of our directors, employees, officers, Affiliates or counter-party employed or used by us in connection with the Services (collectively, our “"Associates”") harmless from and against any and all lossesLosses, and reimburse on demand, against all losses Losses which we or our Associates may suffer or incur arising from or in connection with the operation of the Private Fund, Account, Transactions, Services, or the taking, relying and acting upon or omitting to act on any Instructions, whether incurred directly or indirectly (unless they arise solely from our fraud, gross negligence or wilful misconductdefault). 20.2 We and our Associates shall not be responsible for or liable to you for any loss Losses which may be suffered or incurred by you in any way in relation to any Services provided pursuant to these Termsterms, or Transaction transaction contemplated under these Termsterms, howsoever caused, except for any such loss or damage which is due to our fraud, gross negligence or wilful misconductdefault. In such event, our liability in connection with any Transaction transaction or Service, shall not exceed the market value of such Transaction transaction or Service at the time of the fraud, gross negligence or wilful default. 20.3 We shall not be liable for any losses Losses incurred by you as a result of any action taken by or omission on our part in good faith. We shall not, in the absence of fraud, gross negligence or wilful misconduct default be liable to you for any act or We and our Associates are not liable for any Losses you may incur unless they were caused by our fraud, gross negligence or wilful default. You also agree to indemnify us and our Associates for any Losses which we may incur unless they were caused by our fraud, gross negligence or wilful default. Kami xxx Sekutu kami tidak bertanggungjawab atas sebarang Kerugian yang mungkin ditanggung oleh anda kecuali Kerugian tersebut disebabkan oleh penipuan, kecuaian melampau atau keingkaran yang disengajakan oleh kami. Anda juga bersetuju menanggung rugi kami xxx Sekutu kami atas sebarang kerugian yang mungkin kami tanggung kecuali kerugian tersebut disebabkan oleh penipuan, kecuaian melampau atau keingkaran yang disengajakan oleh kami. omission in the course of or in connection with the Services rendered by under these Terms terms or for any losses Losses which you may suffer or sustain as a We and our Associates are not liable for any losses you may incur unless they were caused by our fraud, gross negligence or wilful misconduct. You also agree to indemnify us and our Associates for any losses which we may incur unless they were caused by our fraud, gross negligence or willful default. result of, in connection with or in the course of discharge by us of our its duties hereunder.hereunder.‌‌‌‌‌‌‌‌‌‌

Indemnity and Exclusion of Liability. 20.1 You agree Except as provided in Section 10.3 below, the Manager shall be entitled to indemnify on a full indemnity basis, to compensate us, and to hold us be indemnified by the Client against any and all liabilities, actions, proceedings, claims, costs, demands, damages and expenses (including reasonable legal fees) which may be incurred by or threatened against the Manager by reason of our directorsit providing or having provided the Services or by reason of it exercising the powers, employeesauthorities or discretions or carrying out any of its duties hereunder. Except as provided in Section 10.3 below, officersthe Manager shall have no liability to the Client in connection with anything done or omitted to be done by reason of providing or having provided the Services to the Client, Affiliates or counter-party employed by reason of exercising the powers, authorities or used by us discretions or carrying out any of its duties hereunder. The provisions of Sections 10.1 and 10.2 above shall not apply in the case of gross negligence, misconduct, fraud, breach of confidentiality (in respect of Clause 8 above), bad faith of the Manager, material breach of this Agreement or reckless disregard of its obligations and duties under this Agreement. No person who shall be or has been an employee, agent, director or partner of the Manager shall have any liability for any loss to the Client arising in connection with the Services (collectivelyto be performed hereunder, our “Associates”) harmless save in respect of any matter resulting from his/her misconduct, fraud, bad faith or reckless disregard for his/her obligations and against duties in relation to the Client. Junior staff of the Manager shall under no circumstances have any and all losses, and reimburse on demand, against all losses which we or our Associates may suffer or incur liability for any loss to the Client arising from or in connection with the operation Services. Each person who shall be or has been an employee, agent, director or partner of the Private FundManager shall be entitled to be indemnified by the Client against any liabilities, Accountcosts or expenses (including reasonable legal fees) incurred or threatened by reason of him/her related to the provision of Services being or having been an employee, Transactionsagent, Servicesdirector or partner of the Manager, or any Instructions, whether incurred directly or indirectly (unless they arise solely from our fraud, gross negligence or wilful misconduct). 20.2 We and our Associates provided however that such person shall not be responsible so indemnified with respect to any matter resulting from his/her misconduct, fraud, bad faith or reckless disregard for or liable to you for any loss which may be suffered or incurred by you in any way his/her obligations and duties in relation to any Services provided pursuant to these Terms, or Transaction contemplated under these Terms, howsoever caused, except for any such loss or damage which is due to our fraud, gross negligence or wilful misconduct. In such event, our liability in connection with any Transaction or Service, shall not exceed the market value of such Transaction or Service at the time of the fraud, gross negligence or wilful default. 20.3 We shall not be liable for any losses incurred by you as a result of any action taken by or omission on our part in good faith. We shall not, in the absence of fraud, gross negligence or wilful misconduct be liable to you for any act or omission in the course of or in connection with the Services rendered by under these Terms or for any losses which you may suffer or sustain as a We and our Associates are not liable for any losses you may incur unless they were caused by our fraud, gross negligence or wilful misconduct. You also agree to indemnify us and our Associates for any losses which we may incur unless they were caused by our fraud, gross negligence or willful default. result of, in connection with or in the course of discharge by us of our duties hereunderClient.