Common use of Indemnity and Limit of Liability Clause in Contracts

Indemnity and Limit of Liability. 25.1 The Client shall indemnify the Company and keep the Company indemnified at all times against all losses, expenses, costs and liabilities of any kind or nature which may be suffered or incurred by the Company: (a) As a direct or indirect result of any failure of the Client to perform any of his obligations under this Agreement; and/or (b) Concerning any instruction given to the Company by an authorised representative of the Client; and/or (c) Concerning any instruction which appears to the Company to be given by an authorised representative of the Client; and/or (d) Where the Client and/or the authorised representative of the Client and/or any person who appears to the Company to be an authorised representative of the Company has provided false and/or misleading information for any transaction. 25.2 This his Indemnity shall survive the termination of this Agreement. The Company shall not be liable for the following: (a) any loss, expense, cost or liability of any kind or nature suffered or incurred by the Client unless such loss, expense, cost or liability of any kind or nature is suffered or incurred as a result of the Company’s gross negligence and/or fraud on behalf of the Company and/or the intended failure of the Company’s obligations under this Agreement; and/or (b) any acts or omissions of an authorised representative or a person who appears to the Company to be an authorised representative of the Client which provide the Company with false and/or misleading information about the Client’s instructions unless such acts or omissions were the result of the Company’s gross negligence and/or fraud on behalf of the Company; and/or (c) any loss of opportunity that results in a reduction in the values of the Client’s transactions, regardless of the cause of such reduction, except to the extent that the decline occurred as a direct consequence of the Company’s deliberate actions or omissions. (d) any loss caused by actions of the Company, within the limits of realisation of its rights, stipulated in these Terms; (e) any loss or expense incurred by the Client in connection with any error and/or failure and/or delay in the operation of the Trading Platform.

Indemnity and Limit of Liability. 25.1 26.1. The Client shall indemnify the Company and keep the Company indemnified at all times against all losses, expenses, costs and liabilities of any kind or nature which may be suffered or incurred by the Company: (a) As a direct or indirect result of any failure of the Client to perform any of his obligations under this Agreement; and/or (b) Concerning In relation to any instruction given to the Company by an authorised representative of the Client; and/or (c) Concerning In relation to any instruction instruction, which appears to the Company to be given by an authorised representative of the Client; and/or (d) Where the Client and/or the authorised representative of the Client and/or any person who which appears to the Company to be an authorised representative of the Company Company, has provided false and/or misleading information for any transaction. 25.2 26.2. This his Indemnity shall survive the termination of this Agreement. 26.3. The Company shall not be liable for the followingfor: (a) any loss, expense, cost or liability of any kind or nature suffered or incurred by the Client unless such loss, expense, cost or liability of any kind or nature is suffered or incurred as a result of the Company’s gross negligence and/or fraud on behalf of the Company and/or the intended failure of the Company’s obligations under this Agreement; and/or (b) any acts or omissions of an authorised representative or a person who which appears to the Company to be an authorised representative of the Client which provide provides the Company with false and/or misleading information about of the Client’s instructions unless such acts or omissions were the result of the Company’s gross negligence and/or fraud on behalf of the Company; and/or (c) any loss of opportunity that results in a reduction in the values of the Client’s transactions, regardless of the cause of such reduction, except to the extent that the decline reduction occurred as a direct consequence of the Company’s deliberate actions or omissions.; (d) any loss caused by actions of the Company, within the limits of realisation of its rights, stipulated in these Terms; (e) any loss or expense incurred by the Client in connection with any error and/or failure and/or delay in the operation of the Trading Platform.

Indemnity and Limit of Liability. 25.1 25.1. The Client shall indemnify the Company and keep the Company indemnified at all times against all losses, expenses, costs and liabilities of any kind or nature which may be suffered or incurred by the Company: (a) As a direct or indirect result of any failure of the Client to perform any of his obligations under this Agreement; and/or (b) Concerning In relation to any instruction given to the Company by an authorised representative of the Client; and/or (c) Concerning In relation to any instruction instruction, which appears to the Company to be given by an authorised representative of the Client; and/or (d) Where the Client and/or the authorised representative of the Client and/or any person who which appears to the Company to be an authorised representative of the Company Company, has provided false and/or misleading information for any transaction. 25.2 . 25.2. This his Indemnity shall survive the termination of this Agreement. 25.3. The Company shall not be liable for the followingfor: (a) any loss, expense, cost or liability of any kind or nature suffered or incurred by the Client unless such loss, expense, cost or liability of any kind or nature is suffered or incurred as a result of the Company’s gross Company¶gVross negligence and/or fraud on behalf of the Company and/or the intended failure of the Company’s obligations under this Agreement; and/orthe (b) any acts or omissions of an authorised representative or a person who which appears to the Company to be an authorised representative of the Client which provide provides the Company with false and/or misleading information about of the Client’s instructions Client¶Vinstructions unless such acts or omissions were the result of the Company’s gross Company¶Vgross negligence and/or fraud on behalf of the Company; and/or (c) any loss of opportunity that results in a reduction in the values of the Client’s Client¶V transactions, regardless of the cause of such reduction, except to the extent that the decline reduction occurred as a direct consequence of the Company’s Company¶V deliberate actions or omissions. (d) any loss caused by actions of the Company, within the limits of realisation of its rights, stipulated in these Terms; (e) any loss or expense incurred by the Client in connection with any error and/or failure and/or delay in the operation of the Trading Platform.

Indemnity and Limit of Liability. 25.1 14.1. The Client shall indemnify the Company and keep the Company indemnified at all times against all losses, expenses, costs and liabilities of any kind or nature which may be suffered or incurred by the Company: (a) As a direct or indirect result of any failure of the Client to perform any of his obligations under this Agreement; and/or (b) Concerning In relation to any instruction given to the Company by an authorised authorized representative of the Client; and/or (c) Concerning In relation to any instruction instruction, which appears to the Company to be given by an authorised authorized representative of the Client; and/or (d) Where the Client and/or the authorised authorized representative of the Client and/or any person who which appears to the Company to be an authorised authorized representative of the Company Company, has provided false and/or misleading information for any transaction. 25.2 14.2. This his Indemnity shall survive the termination of this Agreement. 14.3. The Company shall not be liable for the followingfor: (a) any Any loss, expense, cost or liability of any kind or nature suffered or incurred by the Client unless such loss, expense, cost or liability of any kind or nature is suffered or incurred as a result of the Company’s gross negligence and/or fraud on behalf of the Company and/or the intended failure of the Company’s obligations under this Agreement; and/or (b) any Any acts or omissions of an authorised authorized representative or a person who which appears to the Company to be an authorised authorized representative of the Client which provide provides the Company with false and/or misleading information about of the Client’s instructions unless such acts or omissions were the result of the Company’s gross negligence and/or fraud on behalf of the Company; and/or (c) any Any loss of opportunity that results in a reduction in the values of the Client’s transactions, regardless of the cause of such reduction, except to the extent that the decline reduction occurred as a direct consequence of the Company’s deliberate actions or omissions. (d) any Any loss caused by actions of the Company, within the limits of realisation realization of its rights, stipulated in these Terms; (e) any Any loss or expense incurred by the Client in connection with any error and/or failure and/or delay in the operation of the Trading Platform.

Indemnity and Limit of Liability. 25.1 25. 1 The Client shall indemnify the Company and keep the Company indemnified at all times against all losses, expenses, costs and liabilities of any kind or nature which may be suffered or incurred by the Company: (a) As a direct or indirect result of any failure of the Client to perform any of his obligations under this Agreement; and/or (b) Concerning any instruction given to the Company by an authorised authorized representative of the Client; and/or (c) Concerning any instruction which appears to the Company to be given by an authorised authorized representative of the Client; and/or (d) Where the Client and/or the authorised authorized representative of the Client and/or any person who appears to the Company to be an authorised authorized representative of the Company has provided false and/or misleading information for any transaction. 25.2 25. 2 This his Indemnity shall survive the termination of this Agreement. The Company shall not be liable for the following: (a) any loss, expense, cost or liability of any kind or nature suffered or incurred by the Client unless such loss, expense, cost or liability of any kind or nature is suffered or incurred as a result of the Company’s gross negligence and/or fraud on behalf of the Company and/or the intended failure of the Company’s obligations under this Agreement; and/or (b) any acts or omissions of an authorised authorized representative or a person who appears to the Company to be an authorised authorized representative of the Client which provide the Company with false and/or misleading information about the Client’s instructions unless such acts or omissions were the result of the Company’s gross negligence and/or fraud on behalf of the Company; and/or (c) any loss of opportunity that results in a reduction in the values of the Client’s transactions, regardless of the cause of such reduction, except to the extent that the decline occurred as a direct consequence of the Company’s deliberate actions or omissions. (d) any loss caused by actions of the Company, within the limits of realisation realization of its rights, stipulated in these Terms; (e) any loss or expense incurred by the Client in connection with any error and/or failure and/or delay in the operation of the Trading Platform.

Indemnity and Limit of Liability. 25.1 26.1. The Client shall indemnify the Company and keep the Company indemnified at all times against all losses, expenses, costs and liabilities of any kind or nature which may be suffered or incurred by the Company: (a) As a direct or indirect result of any failure of the Client to perform any of his obligations under this Agreement; and/or (b) Concerning In relation to any instruction given to the Company by an authorised representative of the Client; and/or (c) Concerning In relation to any instruction instruction, which appears to the Company to be given by an authorised representative of the Client; and/or (d) Where the Client and/or the authorised representative of the Client and/or any person who which appears to the Company to be an authorised representative of the Company Company, has provided false and/or misleading information for any transaction. 25.2 26.2. This his Indemnity shall survive the termination of this Agreement. 26.3. The Company shall not be liable for the followingfor: (a) any Any loss, expense, cost or liability of any kind or nature suffered or incurred by the Client unless such loss, expense, cost or liability of any kind or nature is suffered or incurred as a result of the Company’s gross negligence and/or fraud on behalf of the Company and/or the intended failure of the Company’s obligations under this Agreement; and/or (b) any Any acts or omissions of an authorised representative or a person who which appears to the Company to be an authorised representative of the Client which provide provides the Company with false and/or misleading information about of the Client’s instructions unless such acts or omissions were the result of the Company’s gross negligence and/or fraud on behalf of the Company; and/or (c) any Any loss of opportunity that results in a reduction in the values of the Client’s transactions, regardless of the cause of such reduction, except to the extent that the decline reduction occurred as a direct consequence of the Company’s deliberate actions or omissions. (d) any Any loss caused by actions of the Company, within the limits of realisation of its rights, stipulated in these Terms; (e) any Any loss or expense incurred by the Client in connection with any error and/or failure and/or delay in the operation of the Trading Platform.

Indemnity and Limit of Liability. 25.1 24.1. The Client shall indemnify the Company and keep the Company indemnified at all times against all losses, expenses, costs and liabilities of any kind or nature which may be suffered or incurred by the Company: (a) As a direct or indirect result of any failure of the Client to perform any of his obligations under this Agreement; and/or (b) Concerning In relation to any instruction given to the Company by an authorised representative of the Client; and/or (c) Concerning In relation to any instruction instruction, which appears to the Company to be given by an authorised representative of the Client; and/or (d) Where the Client and/or the authorised representative of the Client and/or any person who which appears to the Company to be an authorised representative of the Company Company, has provided false and/or misleading information for any transaction. 25.2 24.2. This his Indemnity shall survive the termination of this Agreement. 24.3. The Company shall not be liable for the followingfor: (a) any loss, expense, cost or liability of any kind or nature suffered or incurred by the Client unless such loss, expense, cost or liability of any kind or nature is suffered or incurred as a result of the Company’s gross negligence and/or fraud on behalf of the Company and/or the intended failure of the Company’s obligations under this Agreement; and/or (b) any acts or omissions of an authorised representative or a person who which appears to the Company to be an authorised representative of the Client which provide provides the Company with false and/or misleading information about of the Client’s instructions unless such acts or omissions were the result of the Company’s gross negligence and/or fraud on behalf of the Company; and/or (c) any loss of opportunity that results in a reduction in the values of the Client’s transactions, regardless of the cause of such reduction, except to the extent that the decline reduction occurred as a direct consequence of the Company’s deliberate actions or omissions. (d) any loss caused by actions of the Company, within the limits of realisation of its rights, stipulated in these Terms; (e) any loss or expense incurred by the Client in connection with any error and/or failure and/or delay in the operation of the Trading Platform.

Indemnity and Limit of Liability. 25.1 25.1. The Client shall indemnify the Company and keep the Company indemnified at all times against all losses, expenses, costs and liabilities of any kind or nature which may be suffered or incurred by the Company: (a) As a direct or indirect result of any failure of the Client to perform any of his obligations under this Agreement; and/or (b) Concerning In relation to any instruction given to the Company by an authorised representative of the Client; and/or (c) Concerning In relation to any instruction instruction, which appears to the Company to be given by an authorised representative of the Client; and/or (d) Where the Client and/or the authorised representative of the Client and/or any person who which appears to the Company to be an authorised representative of the Company Company, has provided false and/or misleading information for any transaction. 25.2 . 25.2. This his Indemnity shall survive the termination of this Agreement. 25.3. The Company shall not be liable for the followingfor: (a) any loss, expense, cost or liability of any kind or nature suffered or incurred by the Client unless such loss, expense, cost or liability of any kind or nature is suffered or incurred as a result of the Company’s gross negligence and/or fraud on behalf of the Company and/or the intended failure of the Company’s obligations under this Agreement; and/or (b) any acts or omissions of an authorised representative or a person who which appears to the Company to be an authorised representative of the Client which provide provides the Company with false and/or misleading information about of the Client’s instructions unless such acts or omissions were the result of the Company’s gross negligence and/or fraud on behalf of the Company; and/or (c) any loss of opportunity that results in a reduction in the values of the Client’s transactions, regardless of the cause of such reduction, except to the extent that the decline reduction occurred as a direct consequence of the Company’s deliberate actions or omissions. (d) any loss caused by actions of the Company, within the limits of realisation of its rights, stipulated in these Terms; (e) any loss or expense incurred by the Client in connection with any error and/or failure and/or delay in the operation of the Trading Platform.

Indemnity and Limit of Liability. 25.1 The Client shall indemnify the Company and keep the Company indemnified at all times against all losses, expenses, costs and liabilities of any kind or nature which may be suffered or incurred by the Company: (a) As a direct or indirect result of any failure of the Client to perform any of his obligations under this Agreement; and/or (b) Concerning any instruction given to the Company by an authorised authorized representative of the Client; and/or (c) Concerning any instruction which appears to the Company to be given by an authorised authorized representative of the Client; and/or (d) Where the Client and/or the authorised authorized representative of the Client and/or any person who appears to the Company to be an authorised authorized representative of the Company has provided false and/or misleading information for any transaction. 25.2 This his Indemnity shall survive the termination of this Agreement. The Company shall not be liable for the following: (a) any loss, expense, cost or liability of any kind or nature suffered or incurred by the Client unless such loss, expense, cost or liability of any kind or nature is suffered or incurred as a result of the Company’s gross negligence and/or fraud on behalf of the Company and/or the intended failure of the Company’s obligations under this Agreement; and/or (b) any acts or omissions of an authorised authorized representative or a person who appears to the Company to be an authorised authorized representative of the Client which provide the Company with false and/or misleading information about the Client’s instructions unless such acts or omissions were the result of the Company’s gross negligence and/or fraud on behalf of the Company; and/or (c) any loss of opportunity that results in a reduction in the values of the Client’s transactions, regardless of the cause of such reduction, except to the extent that the decline occurred as a direct consequence of the Company’s deliberate actions or omissions. (d) any loss caused by actions of the Company, within the limits of realisation realization of its rights, stipulated in these Terms; (e) any loss or expense incurred by the Client in connection with any error and/or failure and/or delay in the operation of the Trading Platform.

Indemnity and Limit of Liability. 25.1 The Client shall indemnify the Company and keep the Company indemnified at all times against all losses, expenses, costs and liabilities of any kind or nature which may be suffered or incurred by the Company: (a) As a direct or indirect result of any failure of the Client to perform any of his obligations under this Agreement; and/or (b) Concerning any instruction given to the Company by an authorised representative of the Client; and/or (c) Concerning any instruction which appears to the Company to be given by an authorised representative of the Client; and/or (d) Where the Client and/or the authorised representative of the Client and/or any person who appears to the Company to be an authorised representative of the Company has provided false and/or misleading information for any transaction. 25.2 This his Indemnity shall survive the termination of this Agreement. The Company shall not be liable for the following: (a) any loss, expense, cost or liability of any kind or nature suffered or incurred by the Client unless such loss, expense, cost or liability of any kind or nature is suffered or incurred as a result of the Company’s gross negligence and/or fraud on behalf of the Company and/or the intended failure of the Company’s obligations under this Agreement; and/or (b) any acts or omissions of an authorised representative or a person who appears to the Company to be an authorised representative of the Client which provide the Company with false and/or misleading information about the Client’s instructions unless such acts or omissions were the result of the Company’s gross negligence and/or fraud on behalf of the Company; and/or (c) any loss of opportunity that results in a reduction in the values of the Client’s transactions, regardless of the cause of such reduction, except to the extent that the decline occurred as a direct consequence of the Company’s deliberate actions or omissions. (d) any loss caused by actions of the Company, within the limits of realisation of its rights, stipulated in these Terms; (e) any loss or expense incurred by the Client in connection with any error and/or failure and/or delay in the operation of the Trading Platform. 26 prohibited Trading 26.1 The Client is not allowed to enter into any form of prohibited trading, i.e. specific trading techniques commonly known as "arbitrage trading", "picking/ sniping",; 'heavy scalping' or the use of specific automated trading systems or "Expert Advisors"; and/or follow an abusive trading strategy, i.e. any trading activity which is aiming towards potential riskless profit by opening opposite orders, during periods of volatile market conditions, during news announcements, on opening gaps (trading sessions starts), or on possible gaps where the underlying instrument has been suspended or restricted on a particular market, between same or different trading accounts. The Client agrees and acknowledges that if the Company considers that the Client has been acting in any of the manners described above, the Company may, at its sole discretion and without prior notice to the Client, take one or more or any portion of, the following actions: (a) close the Client's account; (b) suspend the Client's account for an indefinite period; (c) carry out an investigation on the Client's account for an indefinite period; (d) charge a penalty fee to the Client in the same or greater amount of money that resulted from the Client using such techniques; (e) close the account, confiscate any profits from prohibited trading techniques and return the original deposit(s) to the account holder. If profits arising out of Prohibited Trading were already withdrawn, profits could be confiscated from the Client's related accounts to make up for the difference.

Indemnity and Limit of Liability. 25.1 The Client 16.1 Except to the extent caused by the Bank’s negligence or breach of agreement, the Supplier shall indemnify defend, indemnify, and hold the Company Bank and keep the Company indemnified at all times Bank Affiliates, and all of their respective directors, agents, employees, direct and indirect officers, and each of their successors and assigns (each, an “Indemnified Party”) harmless from and against all claims, damages (including taxes), losses, expenses, costs and expenses (including attorneys’ fees and costs of investigation and litigation), and liabilities arising out of any kind or nature which may be suffered or incurred by the Companyresulting to: (ai) As a direct or indirect result the Supplier’s performance of any failure of the Client to perform any of his its obligations under this Agreement; and/or (b) Concerning , provided that any instruction given to the Company by an authorised representative of the Client; and/or (c) Concerning any instruction which appears to the Company to be given by an authorised representative of the Client; and/or (d) Where the Client and/or the authorised representative of the Client and/or any person who appears to the Company to be an authorised representative of the Company has provided false and/or misleading information for any transaction. 25.2 This his Indemnity shall survive the termination of this Agreement. The Company shall not be liable for the following: (a) any such claim, damage, loss, expense, cost or liability liability: (a) is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property; or (b) is caused in whole or in part by the grossly negligent or willful act or omission of Supplier or any Supplier Personnel, and anyone for whose acts any of them may be liable; (ii) any Supplier incident resulting in a data breach or compromising data integrity, and any costs for the prevention of any kind such future incidents, including but not limited to, any costs of data recovery, system restoration, data monitoring, third party liability, government imposed actions, or nature suffered penalties, notification to affected individuals, credit monitoring for affected individuals, or incurred other measures reasonably requested by the Client unless such loss, expense, cost or liability Bank to protect the compromised information and continuity of its business operations; (iii) any kind or nature is suffered or incurred as a result breach of the Company’s gross negligence and/or fraud on behalf confidentiality obligations in Section 9; (iv) any violation, in whole or part, of an applicable law, regulation, ordinance, or rule related to, or in the Company and/or the intended failure performance of the Company’s obligations Services under this Agreement; and/oror (bv) the Supplier’s breach of this Agreement. 16.2 The Bank shall notify the Supplier promptly of the claim for which indemnification is sought, provided that any acts failure or omissions delay in giving such notice shall not relieve the Supplier of an authorised representative or a person who appears its indemnification obligations except, and then only to the Company to be an authorised representative of extent, the Client which provide the Company with false and/or misleading information about the Client’s instructions unless such acts or omissions were the result of the Company’s gross negligence and/or fraud on behalf of the Company; and/or (c) any loss of opportunity that results in a reduction in the values of the Client’s transactions, regardless of the cause of such reduction, except to the extent that the decline occurred as a direct consequence of the Company’s deliberate actions or omissions. (d) any loss caused by actions of the Company, within the limits of realisation of its rights, stipulated in these Terms; (e) any loss or expense incurred Supplier is prejudiced by the Client failure or delay. The Supplier shall keep attorneys representing the Bank informed and shall promptly provide them with copies of all documents filed or served in connection with any error and/or failure and/or delay such INTERNAL FR/OFFICIAL USE // EXTERNAL claim. The Supplier shall defend at the Supplier’s own expense any such suit, claim, proceeding, or investigation and the Bank will cooperate with the Supplier in the operation defense of any claim. The Bank shall be entitled, at its option, to control or participate in the Trading Platforminvestigation and defense of any such suit, claim, or proceeding and shall have final approval of any settlement that imposes liability or obligations on the Bank. Notwithstanding the foregoing, the Supplier shall not settle, compromise, or in any other manner dispose of any claim for which the Bank is entitled to be indemnified by Supplier unless the settlement includes a full and final release of all claims against the Bank, and imposes no liability or obligation on the Bank not expressly accepted by the Bank in writing. The indemnification obligations set forth in this Section are not limited in any way by any limitation on compensation or benefits payable by or for the Supplier or any subcontractor under workers’ compensation statutes, disability benefit acts, or other employee benefit acts.