Common use of Independent Investment Adviser Clause in Contracts

Independent Investment Adviser. If trading in the Account is controlled by Advisor, Customer hereby appoints such Advisor as Customer’s agent for the purpose of receiving all communications, notices and requests for instructions related to this Agreement and the transactions effectuated pursuant to this Agreement, including, without limitation, margin calls and any trading information or advice (subject to Section 6(b) hereof). Advisor is authorized to access and use electronic services, facilities and information provided electronically, including but not limited to Electronic Trading Services (as defined herein), and on behalf of Customer, to agree to the terms and conditions regarding such use and to enter into agreements relating to Electronic Trading Services. Customer hereby agrees to indemnify and hold Xxxxxx Xxxxxxx harmless from and to pay Xxxxxx Xxxxxxx promptly on demand any and all Losses arising from Xxxxxx Xxxxxxx’x reliance on any communication, notice or instruction of the Advisor until Xxxxxx Xxxxxxx receives written notice of Customer’s revocation thereof; and termination of the appointment of the Advisor shall not affect any liability in any way resulting from transactions initiated prior to such termination. This indemnity is in addition to (and in no way limits or restricts) any rights which Xxxxxx Xxxxxxx may have under this Agreement and any other agreement or agreements between Xxxxxx Xxxxxxx and Customer. Nothing in this Section 10(c) shall relieve Customer of any of its obligations under this Agreement.

Independent Investment Adviser. If Customer directs Xxxxxx Xxxxxxx to accept trading instructions from an independent investment adviser (“Advisor”), unless otherwise agreed in the Account is controlled by Advisorwriting, Customer hereby appoints such Advisor adviser as Customer’s agent for the purpose of receiving all communications, notices and requests for instructions related to this Agreement and the transactions effectuated pursuant to this Agreement, including, without limitation, margin calls and any trading information or advice (subject to Section 6(b) hereof). Advisor is authorized to access and use electronic services, facilities and information provided electronically, including but not limited to Electronic Trading Services (as defined herein)electronic trading systems, and on behalf of Customer, to agree to the terms and conditions regarding such use and to enter into agreements relating to Electronic Trading Serviceselectronic trading agreements. Customer hereby agrees to indemnify and hold Xxxxxx Xxxxxxx harmless from and to pay Xxxxxx Xxxxxxx promptly on demand any and all Losses losses arising from Customer’s appointment of Advisor; Xxxxxx Xxxxxxx’x Xxxxxxx shall be protected in continuing to act in reliance on any communication, notice or instruction the appointment of the Advisor until Xxxxxx Xxxxxxx receives written notice of Customer’s revocation thereof; and termination of the appointment of the Advisor shall not affect any liability in any way resulting from transactions initiated prior to such termination. This indemnity is in addition to (and in no way limits or restricts) any rights which Xxxxxx Xxxxxxx may have under this Agreement and any other agreement or agreements between Xxxxxx Xxxxxxx and CustomerXxxxxxx. Nothing in this Section 10(c8(c) shall relieve Customer of any of its obligations under this Agreement.