Indemnity and Liability. 1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement. 2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement. 3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company. 4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, or any act done or which the Company has omitted to do, whenever caused unless such act or omission resulted from gross negligence, willful default or fraud by the Company. 5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, or another third party that acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out. 6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that: i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case. 7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 23 contracts
Samples: Terms & Conditions, Terms & Conditions, Terms & Conditions
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her his obligations under this Agreement and/or the liquidation of any financial instruments Financial Instruments and products of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of resulted from gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 paragraph 6.1 above, the Company shall have no liability to the Client whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments Financial Instruments of the Client could have been increased or for any decrease in the value of the financial instruments Financial Instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, an error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 10 contracts
Samples: Agreement for the Provision of Investment Services, Investment Services Agreement, Agreement for the Provision of Investment Services
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. 1. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
72. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 8 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 7 contracts
Samples: Terms & Conditions, General Terms and Conditions, General Terms and Conditions
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. a. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-third party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. b. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 5 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Indemnity and Liability. 1. 5.1 The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client or its Authorized Representative / Attorney in the performance of his/her his obligations under this Agreement agreement and/or the liquidation of any financial instruments Financial Instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreementagreement.
2. 5.2 The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreementagreement, unless such loss, expense, cost, cost or liability is a result of from gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the The Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, not be liable for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreementor damage.
3. 5.3 The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments Financial Instruments of the Client could have been increased or for any decrease in the value of the financial instruments Financial Instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. 5.4 The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted result from gross negligence, willful default or fraud by the Company.
5. 5.5 The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 4 contracts
Samples: Investment Services Agreement, Investment Services Agreement, Investment Services Agreement
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges acknowledge that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-third party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 2 contracts
Samples: Terms & Conditions, Terms & Conditions
Indemnity and Liability. 19.1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her his obligations under this Agreement and/or the liquidation of any financial instruments Financial Instruments and products of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
29.2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of resulted from gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 paragraph 6.1 above, the Company shall have no liability to the Client whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or or in connection with the Agreement.
39.3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments Financial Instruments of the Client could have been increased or for any decrease in the value of the financial instruments Financial Instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
49.4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
59.5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, financial institution or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 2 contracts
Samples: Investment Agreement, Terms and Conditions
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her his obligations under this Agreement and/or the liquidation of any financial instruments Financial Instruments and products of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of resulted from gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 paragraph 7.1 above, the Company shall have no liability to the Client whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments Financial Instruments of the Client could have been increased or for any decrease in the value of the financial instruments Financial Instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 2 contracts
Samples: Investment Services Agreement, Investment Services Agreement
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her his obligations under this Agreement and/or the liquidation of any financial instruments Financial Instruments and products of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of resulted from gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 paragraph 6.1 above, the Company shall have no liability to the Client whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments Financial Instruments of the Client could have been increased or for any decrease in the value of the financial instruments Financial Instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 2 contracts
Samples: Investment Services Agreement, Investment Services Agreement
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified hold harmless the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to connection with any act or omission by the Client in the performance of performing his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable have no obligation to the Client for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to connection with this Agreement, unless such loss, expense, cost, cost or liability is a result of caused by the Company’s gross negligence, willful default or fraud by the Companyfraud. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client Client, for any loss of profit, or for any indirect or consequential loss arising out of or in connection with the Agreement, whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that If the Company acts as an intermediary to Clients in connection with the Client’s transactions, the Client hereby agrees accepts and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-third party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 1 contract
Samples: Terms & Conditions
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her his obligations under this Agreement and/or the liquidation of any financial instruments Financial Instruments and products of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of resulted from gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 paragraph 7.1 above, the Company shall have no liability to the Client whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments Financial Instruments of the Client could have been increased or for any decrease in the value of the financial instruments Financial Instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 1 contract
Indemnity and Liability. 1. 5.1 The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client or its Authorized Representative / Attorney in the performance of his/her his obligations under this Agreement and/or the liquidation of any financial instruments Financial Instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful wilful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. 5.2 The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of from gross negligence, willful wilful default or fraud by the Company. Notwithstanding the provisions of section 8.1 paragraph 5.1 above, the Company shall have no liability to the Client whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or or in connection with the Agreement...
3. 5.3 The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments Financial Instruments of the Client could have been increased or for any decrease in the value of the financial instruments Financial Instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful wilful default or fraud on the part of the Company.
4. 5.4 The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted result from gross negligence, willful wilful default or fraud by the Company.
5. 5.5 The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In well as the event risk that the Company acts as an intermediary to Clients transactions, the Client hereby orders may be placed by unauthorized persons and agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company in full for any damage caused loss incurred as a result of acting in accordance to such orders. The Client accepts that during the reception and transmission of his order, the Company shall have no responsibility as to its content or the identity of the person placing the order, except for gross negligence, wilful default or fraud by the Company's aforesaid action.
Appears in 1 contract
Samples: Investment Services Agreement
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, or any act done or which the Company has omitted to do, whenever caused unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, or another third party that acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. (i) under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. (ii) Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 1 contract
Samples: Terms & Conditions
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-third party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7ii. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 1 contract
Samples: Terms & Conditions
Indemnity and Liability. (1. ) The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her his obligations under this Agreement and/or the liquidation of any financial instruments Financial Instruments and products of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
(2. ) The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of resulted from gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 paragraph 7.1 above, the Company shall have no liability to the Client whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or or in connection with the Agreement.
(3. ) The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments Financial Instruments of the Client could have been increased or for any decrease in the value of the financial instruments Financial Instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
(4. ) The Company shall not be liable for any loss which is the result of misrepresentation of facts, an error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
(5. ) The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 1 contract
Samples: Investment Services Agreement
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified indemnified the Company and its directors, officersofficers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profitprofit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial financial instruments of the Client could have been increased or for any decrease in the value of the financial financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 1 contract
Samples: Terms & Conditions
Indemnity and Liability. 1. 5.1 The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client or its Authorized Representative / Attorney in the performance of his/her his obligations under this Agreement and/or the liquidation of any financial instruments Financial Instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful wilful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. 5.2 The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of from gross negligence, willful wilful default or fraud by the Company. Notwithstanding the provisions of section 8.1 paragraph 5.1 above, the Company shall have no liability to the Client whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or or in connection with the Agreement.
3. 5.3 The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments Financial Instruments of the Client could have been increased or for any decrease in the value of the financial instruments Financial Instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful wilful default or fraud on the part of the Company.
4. 5.4 The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted result from gross negligence, willful wilful default or fraud by the Company.
5. 5.5 The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In technical or mechanic failures in the event electronic or telephone or fax or other systems, the risk of delay or other problems as well as the risk that the Company acts as an intermediary to Clients transactions, the Client hereby orders may be placed by unauthorized persons and agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company in full for any damage caused loss incurred as a result of acting in accordance to such orders. The Client accepts that during the reception and transmission of his order, the Company shall have no responsibility as to its content or the identity of the person placing the order, except for gross negligence, wilful default or fraud by the Company's aforesaid action.
Appears in 1 contract
Samples: Investment Services Agreement
Indemnity and Liability. 119.1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or and/or indirect liabilities (including without limitation all losses, damages, claims, costs costs, losses or expenses)damages incurred in providing investment and ancillary services to the Client under the Collective Agreement, incurred by the Company or any other third party in respect to as a result of any act or and/or omission by the Client or its Authorized Representative in the performance of his/her its obligations under this the Collective Agreement and/or as a result of misleading and/or false information provided by the liquidation of any financial instruments Client to the Company. The indemnity shall survive termination of the Client in settlement of any claims with Collective Agreement and shall hold to the Companyextent that the direct and/or indirect claims, unless such liabilities result from costs, losses or damages incurred are not directly due to gross negligence, willful default default, deliberate actions/omissions or fraud by the Company. This indemnity , which, at all times, shall survive termination of this Agreementprovide investment and ancillary services to the Client and shall process the Client’s transactions in good faith.
219.2. The Company shall not be liable for any direct acts and/or indirect loss, expense, cost, or liability incurred omissions concluded by a person that gives information to the Client Company in relation to this Agreementthe reception and transmission and/or execution of the Client’s transactions in financial instruments, unless such loss, expense, cost, or liability is a acts and/or omissions were the result of gross negligence, willful default or fraud by on the part of the Company. Notwithstanding the provisions of section 8.1 aboveFurther, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless irrespective of the cause, unless such loss is directly due to the direct result of gross negligence, willful default default, deliberate actions/omissions or fraud on the part of the Company.
419.3. The Company shall not be liable for any loss which is and/or damage that constitutes the result of misrepresentation of facts, error in judgment, judgment or any act done or which omission on the Company has omitted to dopart of the Company, whenever caused unless such act or omission resulted results from gross negligence, willful default default, deliberate actions or fraud by on the part of the Company.
519.4. The Company shall not be liable for any loss and/or damage suffered by the Client due to the insolvency, default, act or omission or for the insolvency and/or omissions of any counterpartythird party, bankincluding but not limited to credit or other financial institutions, custodiancustodians, counterparties or another any other third party that acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 1 contract
Samples: Client Agreement
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges acknowledge that:
i. 1. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-third party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
72. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 1 contract
Samples: General Terms and Conditions
Indemnity and Liability. 18.1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
28.2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
38.3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
48.4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
58.5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 1 contract
Samples: Terms & Conditions
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified indemnified the Company and its directors, officersofficers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profitprofit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial financial instruments of the Client could have been increased or for any decrease in the value of the financial financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges acknowledge that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-third party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification notification to the Client in such a case.
7ii. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 1 contract
Samples: Terms & Conditions Agreement
Indemnity and Liability. 1. The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
2. The Company shall not be liable for any direct and/or indirect loss, expense, cost, cost or liability incurred by the Client in relation to this Agreement, unless such loss, expense, cost, cost or liability is a result of gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of section 8.1 above, the Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
3. The Company shall not be liable for any loss of opportunity as a result of which the value of the financial instruments of the Client could have been increased or for any decrease in the value of the financial instruments of the Client, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
4. The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment, judgment or any act done or which the Company has omitted to do, whenever caused caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
5. The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian, custodian or another other third party that which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
6. In the event that the Company acts as an intermediary to Clients transactions, the Client hereby agrees and acknowledges that:
i. under certain market conditions at the time of execution and/or depending on the risk management framework of the third-party market maker, the Company may have to cancel the Client’s trade(s) and/or transaction(s) and return the relevant invested funds to the Client’s trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
7. Should the aforementioned occur, the Client will have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the Company's aforesaid action.
Appears in 1 contract
Samples: Terms & Conditions