INDEMNITY & LIMITED LIABILITY. 15.1 The Client agrees to indemnify and hold Colmex Pro harmless and Service Provider(s) and their respective principles, affiliates and agents from and against all claims, demands, proceedings, suits and actions and all losses (direct, indirect or otherwise), liabilities, costs and expenses (including attorney fees and disbursements), paid in settlement, incurred or suffered by Colmex Pro and/or Service Provider(s) and/or Colmex Pro’s or their respective principals, affiliates and agents arising from or relating to the Client’s use of the Online Service or the transactions contemplated hereunder. This indemnity provision shall survive termination of this Agreement.
15.2 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) In relation to any instruction given to the Company by an authorised representative of the Client; and/or
(c) In relation to 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 which appears to the Company to be an authorised representative of the Company, has provided false and/or misleading information for any transaction.
15.3 This Indemnity shall survive the termination of this Agreement. The Company shall not be liable for:
(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 which appears to the Company to be an authorised representative of the Client which provides the Company with false and/or misleading information 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 th...
INDEMNITY & LIMITED LIABILITY
