Common use of INDEMNITY AND REMEDIAL ACTION Clause in Contracts

INDEMNITY AND REMEDIAL ACTION. 22.1 The Affiliate will indemnify the Company and keep the Company indemnified on demand in respect of all direct, indirect, punitive, incidental, special, consequential damages or any other damages, all liabilities, costs, claims, demands and expenses (including legal costs) of any nature whatsoever (collectively, “Losses”) which the Company may suffer or incur as a direct or indirect result of any act or omission of the Affiliate in connection with its relationship with the Company or any Client referred by the Affiliate to the Company or any failure by the Affiliate to perform any of the Affiliate’s obligations under this Agreement, the Code of Conduct or the Marketing Communication Guidelines but excluding any Losses which result from the Company’s own negligence, fraud, willful misconduct or material breach by the Company of the terms of this Agreement. 22.2 The Company shall in no circumstances be liable to the Affiliate for any consequential or indirect, losses including but not limited to loss of profits, loss of opportunity, costs, expenses, penalties or damages the Affiliate may suffer in relation to this Agreement. Except in the event of liability for fraud, personal injury or death, any liability of the Company under this Agreement shall not exceed USD 10,000 (United States Dollars ten thousand). 22.3 Without prejudice to the generality of the above, the Affiliate agrees to indemnify and hold harmless the Company for any Losses suffered as a result of Adverse Action. 22.4 Where any Adverse Action consists of or relates to any derogatory or defamatory statement against the Company or its Group, the Affiliate undertakes to take such remedial action and make such corrective statement as the Company may instruct for the purposes of addressing the effect of the Adverse Action, provided always that the Affiliate will not be required to make any statement which is misleading or untrue.

INDEMNITY AND REMEDIAL ACTION. 22.1 The Affiliate Business Introducer will indemnify the Company and keep the Company indemnified on demand in respect of all direct, indirect, punitive, incidental, special, consequential damages or any other damages, all liabilities, costs, claims, demands and expenses (including legal costs) of any nature whatsoever (collectively, “Losses”) which the Company may suffer or incur as a direct or indirect result of any act or omission of the Affiliate Business Introducer in connection with its relationship with the Company or any Client referred by the Affiliate Business Introducer to the Company or any failure by the Affiliate Business Introducer to perform any of the AffiliateBusiness Introducer’s obligations under this Agreement, the Code of Conduct or the Marketing Communication Guidelines but excluding any Losses which result from the Company’s own negligence, fraud, willful misconduct or material breach by the Company of the terms of this Agreement. 22.2 The Company shall in no circumstances be liable to the Affiliate Business Introducer for any consequential or indirect, losses including but not limited to loss of profits, loss of opportunity, costs, expenses, penalties or damages the Affiliate Business Introducer may suffer in relation to this Agreement. Except in the event of liability for fraud, personal injury or death, any liability of the Company under this Agreement shall not exceed USD 10,000 (United States Dollars ten thousand). 22.3 Without prejudice to the generality of the above, the Affiliate Business Introducer agrees to indemnify and hold harmless the Company for any Losses suffered as a result of Adverse Action. 22.4 Where any Adverse Action consists of or relates to any derogatory or defamatory statement against the Company or its Group, the Affiliate Business Introducer undertakes to take such remedial action and make such corrective statement as the Company may instruct for the purposes of addressing the effect of the Adverse Action, provided always that the Affiliate Business Introducer will not be required to make any statement which is misleading or untrue.

INDEMNITY AND REMEDIAL ACTION. 22.1 24.1 The Affiliate will indemnify the Company Xxxxxxx.xxx Entities and keep the Company indemnified Xxxxxxx.xxx Entities harmless on demand in respect of all direct, indirect, punitive, incidental, special, consequential damages or any other damages, all liabilities, costs, claims, demands and expenses (including legal costs) of any nature whatsoever (collectively, “Losses”) which the Company Xxxxxxx.xxx Entities may suffer or incur as a direct or indirect result of any act or omission of the Affiliate in connection with its relationship with the Company or any Client referred by the Affiliate to the Company or any failure by the Affiliate to perform any of the Affiliate’s obligations under this Agreement, the Code of Conduct or the Marketing Communication Guidelines but excluding any Losses which result from the Company’s own negligence, fraud, willful misconduct or material breach by the Company of the terms of this Agreement. 22.2 24.2 The Company Company, its subsidiaries, officers, directors, employees or suppliers shall in no circumstances be liable to the Affiliate (or any person claiming under or through the Affiliate) for any consequential or indirect, losses arising out of or in connection with the Websites, the Group’s services, the Trading Platform(s), or this Agreement (however arising, including but not limited to loss negligence) and including without limitation as a result of profitsany failure or malfunction of any software, loss of opportunityhardware, costs, expenses, penalties communication technology or damages the Affiliate may suffer in relation to this Agreementother system. Except in the event of liability for fraud, for: (i) fraud or fraudulent misrepresentation; (ii) personal injury or death, ; or (iii) any liability of the Company under this Agreement shall not exceed USD 10,000 (United States Dollars ten thousand). Under no circumstances shall any Xxxxxxx.xxx Entities except the Company be liable to the Affiliate for any breach by the Company of its obligations hereunder, and the Affiliate shall have no recourse whatsoever against them. 22.3 24.3 Without prejudice to the generality of the above, the Affiliate agrees to indemnify and hold harmless the Company Xxxxxxx.xxx Entities for any Losses suffered as a result of Adverse Action. 22.4 24.4 Where any Adverse Action consists of or relates to any derogatory or defamatory statement against the Company or its Group, the Affiliate undertakes to take such remedial action and make such corrective statement as the Company may instruct for the purposes of addressing the effect of the Adverse Action, provided always that the Affiliate will not be required to make any statement which is misleading or untrue.

INDEMNITY AND REMEDIAL ACTION. 22.1 23.1 The Affiliate will indemnify the Company and keep the Company indemnified on demand in respect of all direct, indirect, punitive, incidental, special, consequential damages or any other damages, all liabilities, costs, claims, demands and expenses (including legal costs) of any nature whatsoever (collectively, “Losses”) which the Company may suffer or incur as a direct or indirect result of any act or omission of the Affiliate in connection with its relationship with the Company or any Client referred by the Affiliate to the Company or any failure by the Affiliate to perform any of the Affiliate’s obligations under this Agreement, the Code of Conduct or the Marketing Communication Guidelines but excluding any Losses which result from the Company’s own negligence, fraud, willful wilful misconduct or material breach by the Company of the terms of this Agreement. 22.2 23.2 The Company shall in no circumstances be liable to the Affiliate for any consequential or indirect, losses including but not limited to loss of profits, loss of opportunity, costs, expenses, penalties or damages the Affiliate may suffer in relation to this Agreement. Except in the event of liability for fraud, personal injury or death, any liability of the Company under this Agreement shall not exceed USD 10,000 (United States Dollars ten thousand). 22.3 23.3 Without prejudice to the generality of the above, the Affiliate agrees to indemnify and hold harmless the Company for any Losses suffered as a result of Adverse Action. 22.4 23.4 Where any Adverse Action consists of or relates to any derogatory or defamatory statement against the Company or its Group, the Affiliate undertakes to take such remedial action and make such corrective statement as the Company may instruct for the purposes of addressing the effect of the Adverse Action, provided always that the Affiliate will not be required to make any statement which is misleading or untrue.