INVESTMENT ADVISORY SERVICE. 9.1 The Client may appoint CAL as the Client’s investment adviser in relation to:- (i) all of the Securities from time to time deposited or held in the Account and accepted by CAL for advisory service hereunder; (ii) all monies from time to time paid into the Account or such other accounts specified by the Client and accepted by CAL for advisory service hereunder; and (iii) all monies arising from the Securities held in the Account or such other accounts with CAL (the “Portfolio”) subject to and upon the terms and conditions contained herein. 9.2 CAL may, having accepted the Client’s appointment hereunder, provide the Client with market information and data, market views, research products, investment ideas, advice with respect to specific investment and risk management opportunities or investment recommendations (collectively the “Investment Advice”), which the Client may accept or reject (in whole or in part). When providing with the Investment Advice to the Client, CAL shall have due regard to the Client’s financial position, investment objectives, investment experiences and restrictions relating to the Portfolio as demonstrated by the Client to CAL from time to time. 9.3 The Client represents and acknowledges (which representations and acknowledgements shall be repeated by the Client on each date on which transaction is entered into under this Agreement) that:- (i) the Portfolio is not managed or supervised by CAL, and that it is the Client’s sole responsibility to manage and supervise the Portfolio; (ii) CAL is not obliged to update or review any of the Investment Advice that may have been made to the Client. Events when occur subsequent to the Investment Advice being given impair the Investment Advice’s correctness, appropriateness and suitability and that CAL gives no undertaking or warranty that the Securities will perform in accordance with the Investment Advice; and (iii) transactions that the Client instructs CAL to enter into may be subject to any or all of the risks described in the risk disclosure statements. 9.4 Where CAL provides the Client with the Investment Advice or other services in relation to any specific product including, without limitation, any of the Structured Product, CAL may, where appropriate, supply the Client with the issuers’ product specifications, descriptions and any prospectus or other offering or constitution documents relating to such structured product. CAL accepts no liability for the accuracy or correctness of any information, whether in the relevant product specifications, descriptions, prospectus, offering or constitution documents or otherwise, obtained or originated from third parties (including the issuer or counterparty of any of the Structured Product) which may be provided to the Client. 9.5 No undertaking or warranty as to the recommendations and/or advice by CAL under or pursuant to this Agreement or as to the performance or profitability of the Portfolio is given by CAL. 9.6 To the fullest extent permitted by the applicable laws, CAL shall not be liable for any loss of opportunity resulting in the increase in the value of the Portfolio, any decline in the value of the Portfolio, any error of fact or judgment, mistake of law, any loss arising out of any of the investments of the Portfolio or any act or omission in the execution of this Agreement.
Appears in 5 contracts
Samples: Cash/Custodian Client’s Agreement, Cash/Custodian Client’s Agreement, Cash/Custodian Client’s Agreement
INVESTMENT ADVISORY SERVICE. 9.1 The Client may appoint CAL as the Client’s investment adviser in relation to:-to:
(i) all of the Securities from time to time deposited or held in the Account and accepted by CAL for advisory service hereunder;
(ii) all monies from time to time paid into the Account or such other accounts specified by the Client and accepted by CAL for advisory service hereunder; and
(iii) all monies arising from the Securities held in the Account or such other accounts with CAL (the “Portfolio”) subject to and upon the terms and conditions contained herein.
9.2 CAL may, having accepted the Client’s appointment hereunder, provide the Client with market information and data, market views, research products, investment ideas, advice with respect to specific investment and risk management opportunities or investment recommendations (collectively the “Investment Advice”), which the Client may accept or reject (in whole or in part). When providing with the Investment Advice to the Client, CAL shall have due regard to the Client’s financial position, investment objectives, investment experiences and restrictions relating to the Portfolio as demonstrated by the Client to CAL from time to time.
9.3 The Client represents and acknowledges (which representations and acknowledgements shall be repeated by the Client on each date on which transaction is entered into under this Agreement) that:-that:
(i) the Portfolio is not managed or supervised by CAL, and that it is the Client’s sole responsibility to manage and supervise the Portfolio;
(ii) CAL is not obliged to update or review any of the Investment Advice that may have been made to the Client. Events when occur subsequent to the Investment Advice being given impair the Investment Advice’s correctness, appropriateness and suitability and that CAL gives no undertaking or warranty that the Securities will perform in accordance with the Investment Advice; and
(iii) transactions that the Client instructs CAL to enter into may be subject to any or all of the risks described in the risk disclosure statements.
9.4 Where CAL provides the Client with the Investment Advice or other services in relation to any specific product including, without limitation, any of the Structured Product, CAL may, where appropriate, supply the Client with the issuers’ product specifications, descriptions and any prospectus or other offering or constitution documents relating to such structured product. CAL accepts no liability for the accuracy or correctness of any information, whether in the relevant product specifications, descriptions, prospectus, offering or constitution documents or otherwise, obtained or originated from third parties (including the issuer or counterparty of any of the Structured Product) which may be provided to the Client.
9.5 No undertaking or warranty as to the recommendations and/or advice by CAL under or pursuant to this Agreement or as to the performance or profitability of the Portfolio is given by CAL.
9.6 To the fullest extent permitted by the applicable laws, CAL shall not be liable for any loss of opportunity resulting in the increase in the value of the Portfolio, any decline in the value of the Portfolio, any error of fact or judgment, mistake of law, any loss arising out of any of the investments of the Portfolio or any act or omission in the execution of this Agreement.
Appears in 2 contracts
Samples: Cash/Custodian Client’s Agreement, Cash/Custodian Client’s Agreement
INVESTMENT ADVISORY SERVICE. 9.1 The Client may appoint CAL as the Client’s investment adviser in relation to:-
(i) all of the Securities from time to time deposited or held in the Account and accepted by CAL for advisory service hereunder;
(ii) all monies from time to time paid into the Account or such other accounts specified by the Client and accepted by CAL for advisory service hereunder; and
(iii) all monies arising from the Securities held in the Account or such other accounts with CAL (the “Portfolio”) subject to and upon the terms and conditions contained herein.
9.2 CAL may, having accepted the Client’s appointment hereunder, provide the Client with market information and data, market views, research products, investment ideas, advice with respect to specific investment and risk management opportunities or investment recommendations (collectively the “Investment Advice”), which the Client may accept or reject (in whole or in part). When providing with the Investment Advice to the Client, CAL shall have due regard to the Client’s financial position, investment objectives, investment experiences and restrictions relating to the Portfolio as demonstrated by the Client to CAL from time to time.
9.3 The Client represents and acknowledges (which representations and acknowledgements shall be repeated by the Client on each date on which transaction is entered into under this Agreement) that:-
(i) the Portfolio is not managed or supervised by CAL, and that it is the Client’s sole responsibility to manage and supervise the Portfolio;
(ii) CAL is not obliged to update or review any of the Investment Advice that may have been made to the Client. Events when occur subsequent to the Investment Advice being given impair the Investment Advice’s correctness, appropriateness and suitability and that CAL gives no undertaking or warranty that the Securities will perform in accordance with the Investment Advice; and
(iii) transactions that the Client instructs CAL to enter into may be subject to any or all of the risks described in the risk disclosure statements.
9.4 Where CAL provides the Client with the Investment Advice or other services in relation to any specific product including, without limitation, any of the Structured Product, CAL may, where appropriate, supply the Client with the issuers’ product specifications, descriptions and any prospectus or other offering or constitution documents relating to such structured product. CAL accepts no liability for the accuracy or correctness of any information, whether in the relevant product specifications, descriptions, prospectus, offering or constitution documents or otherwise, obtained or originated from third parties (including the issuer or counterparty of any of the Structured Product) which may be provided to the Client.
9.5 No undertaking or warranty as to the recommendations and/or advice by CAL under or pursuant to this Agreement or as to the performance or profitability of the Portfolio is given by CALXXX.
9.6 To the fullest extent permitted by the applicable laws, CAL shall not be liable for any loss of opportunity resulting in the increase in the value of the Portfolio, any decline in the value of the Portfolio, any error of fact or judgment, mistake of law, any loss arising out of any of the investments of the Portfolio or any act or omission in the execution of this Agreement.
Appears in 1 contract
Samples: Cash/Custodian Client's Agreement