Common use of Liabilities and Indemnities Clause in Contracts

Liabilities and Indemnities. 15.1 Neither the Company nor any of its directors, employees or agents shall have any liability whatsoever (whether in negligence or otherwise) for any loss, expense or damage suffered by the Client as a result of: 15.1.1 the Company acting or relying on any instruction given by the Client whether or not such instruction was given following any recommendation, advice or opinion given by the Company or by any of its directors, employees or agents; or 15.1.2 any condition or circumstances which are beyond the reasonable control or anticipation of the Company. Its directors, employees and agents, including but not limited to any delays in the transmission of orders due to disruption, breakdown, failure or malfunction of transmission of communication facilities, failure of electronic or mechanical equipment, telephone or other interconnection problems, prevailing fast market conditions, governmental agency or exchange actions, theft, war (whether declared or not), severe weather, earthquakes and strikes; or 15.1.3 the Company exercising any or all of its rights conferred by the terms of the Client’s Agreement and these Terms and Conditions; or 15.1.4 any conversion of one currency to another pursuant to in relation to or arising from the Client’s Agreement and these Terms and Conditions. 15.2 Without limiting the generality of Clause 15.1 above, neither the Company nor any of its directors, employees or agents shall have any liability whatsoever (whether in negligence or otherwise) for any loss, expense or damage suffered by the Client arising out of or alleged to arise out of or in connection with any inconvenience, any delay or alleged delay in acting or any failure to act on any instruction given by the Client to the Company, even if the Company has been advised of the possibility of such loss or damage. 15.3 The Client undertakes to indemnify and keep indemnified the Company in respect of any costs, claims, demands, damages and expenses whatsoever which may be reasonably and properly suffered or incurred by the Company directly or indirectly arising out of or in connection with any transaction entered into by the Company as agent on behalf of the Client or otherwise whatsoever or howsoever arising out of anything done or omitted to be done by the Company in accordance with the terms of the Client’s Agreement and these Terms and Conditions or pursuant to any Client’s instruction or communication. The Client also agrees to pay promptly to the Company on demand, all damages, costs and expenses (including legal expenses on a full indemnity basis) reasonably and properly incurred by the Company in the enforcement of any of the provisions of the Client’s Agreement and these Terms and Conditions. 15.4 The Client undertakes to indemnify and keep indemnified the Company and its officers, employees and agents for any loss, cost, claim, liability or expense arising out of or connected with any breach by the Client of its obligations hereunder and under the Client’s Agreement, including any costs reasonably and necessarily incurred by the Company in collecting any debts due to the Company or in connection with the closure of the Account(s). 15.5 The above terms shall continue to take effect notwithstanding the termination of the Client’s Agreement and these Terms and Conditions. The indemnity in this clause shall be without limitation to other indemnity provisions in this Agreement.

Liabilities and Indemnities. 15.1 Neither 19.1 I/We agree that the Company nor any of and its directors, officers, employees or agents shall have any liability whatsoever (whether in negligence or otherwise) and Agents will not be liable for any loss, expense delay or damage suffered failure to perform any obligation on its part or for any losses caused directly or indirectly by the Client as a result of: 15.1.1 the Company acting or relying on any instruction given by the Client whether or not such instruction was given following any recommendation, advice or opinion given by the Company or by any of its directors, employees or agents; or 15.1.2 any condition or circumstances over which are beyond the reasonable control or anticipation of the Company. Its , its directors, officers, employees and agentsAgents do not have direct control, including but not limited to any delays in the transmission government restrictions, exchange or market rulings, suspension of orders due to disruption, breakdown, failure or malfunction of transmission of communication facilitiestrading, failure of electronic or mechanical equipmentmechanic equipment or communication lines, telephone or other interconnection interconnect problems, prevailing fast market conditions, governmental agency or exchange actionsunauthorized access, theft, war (whether declared or not), severe weather, fire, earthquakes and strikes; or 15.1.3 the Company exercising any or all of its rights conferred by the terms of the Client’s Agreement and these Terms and Conditions; or 15.1.4 any conversion of one currency to another pursuant to in relation to or arising from the Client’s Agreement and these Terms and Conditions. 15.2 Without limiting the generality of Clause 15.1 above, neither 19.2 Neither the Company nor its directors, officers, employees and Agents shall be liable to me/us for any loss, damage or litigation costs resulting from any error of fact or judgement, or from action taken or inaction or omission or default by the Company or any of its directors, officers, employees and Agents, or agents shall have from any liability whatsoever (whether in consequences thereof whatsoever, save and except where such loss, damage and cost is suffered or incurred as a direct result of its gross negligence or otherwise) wilful default. 19.3 I/We further agree that neither the Company nor its directors, officers, employees and Agents nor any Information Provider will be liable for any lossindirect or other consequential losses or other economic losses (including but not limited to loss of profits, expense trading losses or damage suffered by special damages) whether arising from negligence, breach of contract or otherwise (including without limitation the Client arising out of or alleged to arise out of or in connection with any inconvenience, any delay or alleged delay in acting or any failure to act on any instruction given by loss of use of the Client to the CompanyElectronic Services), even if the Company has been advised of the possibility of such loss losses or damagedamages. 15.3 The Client undertakes to indemnify and keep indemnified the Company in respect of any costs, claims, demands, damages and expenses whatsoever which may be reasonably and properly suffered or incurred by the Company directly or indirectly arising out of or in connection with any transaction entered into by the Company as agent on behalf of the Client or otherwise whatsoever or howsoever arising out of anything done or omitted to be done by the Company in accordance with the terms of the Client’s Agreement and these Terms and Conditions or pursuant to any Client’s instruction or communication. The Client also agrees to pay promptly to the Company on demand, all damages, costs and expenses (including legal expenses on a full indemnity basis) reasonably and properly incurred by the Company in the enforcement of any of the provisions of the Client’s Agreement and these Terms and Conditions. 15.4 The Client undertakes 19.4 I/We agree to indemnify and keep indemnified the Company and its directors, officers, employees and agents Agents for any loss, cost, claim, liability or expense expenses which may be incurred by the Company directly or indirectly, arising out of or connected in connection with any Instruction or any breach by the Client me/us of its any of my obligations hereunder and under the Client’s this Agreement, including any costs reasonably and necessarily incurred by the Company in connection with the closure of the Account or in collecting any debts due to the Company or in connection with the closure of the Account(s)and/or its Agents. 15.5 19.5 The above terms shall continue to take effect notwithstanding the closure of Accounts and termination of the Client’s Agreement and these Terms and Conditions. The indemnity in this clause shall be without limitation to other indemnity provisions in this Agreement.

Liabilities and Indemnities. 15.1 Neither 18.1 I/We agree that the Company nor any of and its directors, officers, employees or agents shall have any liability whatsoever (whether in negligence or otherwise) and Agents will not be liable for any loss, expense delay or damage suffered failure to perform any obligation on its part or for any losses caused directly or indirectly by the Client as a result of: 15.1.1 the Company acting or relying on any instruction given by the Client whether or not such instruction was given following any recommendation, advice or opinion given by the Company or by any of its directors, employees or agents; or 15.1.2 any condition or circumstances over which are beyond the reasonable control or anticipation of the Company. Its , its directors, officers, employees and agentsAgents do not have direct control, including but not limited to any delays in the transmission government restrictions, exchange or market rulings, suspension of orders due to disruption, breakdown, failure or malfunction of transmission of communication facilitiestrading, failure of electronic or mechanical equipmentmechanic equipment or communication lines, telephone or other interconnection interconnect problems, prevailing fast market conditions, governmental agency or exchange actionsunauthorized access, theft, war (whether declared or not), severe weather, fire, earthquakes and strikes; or 15.1.3 the Company exercising any or all of its rights conferred by the terms of the Client’s Agreement and these Terms and Conditions; or 15.1.4 any conversion of one currency to another pursuant to in relation to or arising from the Client’s Agreement and these Terms and Conditions. 15.2 Without limiting the generality of Clause 15.1 above, neither 18.2 Neither the Company nor its directors, officers, employees and Agents shall be liable to me/us for any loss, damage or litigation costs resulting from any error of fact or judgement, or from action taken or inaction or omission or default by the Company or any of its directors, officers, employees and Agents, or agents shall have from any liability whatsoever (whether in consequences thereof whatsoever, save and except where such loss, damage and cost is suffered or incurred as a direct result of its gross negligence or otherwise) wilful default. 18.3 I/We further agree that neither the Company nor its directors, officers, employees and Agents nor any Information Provider will be liable for any lossindirect or other consequential losses or other economic losses (including but not limited to loss of profits, expense trading losses or damage suffered by special damages) whether arising from negligence, breach of contract or otherwise (including without limitation the Client arising out of or alleged to arise out of or in connection with any inconvenience, any delay or alleged delay in acting or any failure to act on any instruction given by loss of use of the Client to the CompanyElectronic Services), even if the Company has been advised of the possibility of such loss losses or damagedamages. 15.3 The Client undertakes to indemnify and keep indemnified the Company in respect of any costs, claims, demands, damages and expenses whatsoever which may be reasonably and properly suffered or incurred by the Company directly or indirectly arising out of or in connection with any transaction entered into by the Company as agent on behalf of the Client or otherwise whatsoever or howsoever arising out of anything done or omitted to be done by the Company in accordance with the terms of the Client’s Agreement and these Terms and Conditions or pursuant to any Client’s instruction or communication. The Client also agrees to pay promptly to the Company on demand, all damages, costs and expenses (including legal expenses on a full indemnity basis) reasonably and properly incurred by the Company in the enforcement of any of the provisions of the Client’s Agreement and these Terms and Conditions. 15.4 The Client undertakes 18.4 I/We agree to indemnify and keep indemnified the Company and its directors, officers, employees and agents Agents for any loss, cost, claim, liability or expense expenses which may be incurred by the Company directly or indirectly, arising out of or connected in connection with any Instruction or any breach by the Client me/us of its any of my obligations hereunder and under the Client’s this Agreement, including any costs reasonably and necessarily incurred by the Company in connection with the closure of the Account or in collecting any debts due to the Company or in connection with the closure of the Account(s)and/or its Agents. 15.5 18.5 The above terms shall continue to take effect notwithstanding the closure of Accounts and termination of the Client’s Agreement and these Terms and Conditions. The indemnity in this clause shall be without limitation to other indemnity provisions in this Agreement.

Liabilities and Indemnities. 15.1 Neither 18.1 I/We agree that the Company nor any of and its directors, officers, employees or agents shall have any liability whatsoever (whether in negligence or otherwise) and Agents will not be liable for any loss, expense delay or damage suffered failure to perform any obligation on its part or for any losses caused directly or indirectly by the Client as a result of: 15.1.1 the Company acting or relying on any instruction given by the Client whether or not such instruction was given following any recommendation, advice or opinion given by the Company or by any of its directors, employees or agents; or 15.1.2 any condition or circumstances over which are beyond the reasonable control or anticipation of the Company. Its , its directors, officers, employees and agentsAgents do not have direct control, including but not limited to any delays in the transmission government restrictions, exchange or market rulings, suspension of orders due to disruption, breakdown, failure or malfunction of transmission of communication facilitiestrading, failure of electronic or mechanical equipmentmechanic equipment or communication lines, telephone or other interconnection interconnect problems, prevailing fast market conditions, governmental agency or exchange actionsunauthorized access, theft, war (whether declared or not), severe weather, fire, earthquakes and strikes; or 15.1.3 the Company exercising any or all of its rights conferred by the terms of the Client’s Agreement and these Terms and Conditions; or 15.1.4 any conversion of one currency to another pursuant to in relation to or arising from the Client’s Agreement and these Terms and Conditions. 15.2 Without limiting the generality of Clause 15.1 above, neither 18.2 Neither the Company nor its directors, officers, employees and Agents shall be liable to me/us for any loss, damage or litigation costs resulting from any error of fact or judgment, or from action taken or inaction or omission or default by the Company or any of its directors, officers, employees and Agents, or agents shall have from any liability whatsoever (whether in consequences thereof whatsoever, save and except where such loss, damage and cost is suffered or incurred as a direct result of its gross negligence or otherwise) wilful default. 18.3 I/We further agree that neither the Company nor its directors, officers, employees and Agents nor any Information Provider will be liable for any lossindirect or other consequential losses or other economic losses (including but not limited to loss of profits, expense trading losses or damage suffered by special damages) whether arising from negligence, breach of contract or otherwise (including without limitation the Client arising out of or alleged to arise out of or in connection with any inconvenience, any delay or alleged delay in acting or any failure to act on any instruction given by loss of use of the Client to the CompanyElectronic Services), even if the Company has been advised of the possibility of such loss losses or damagedamages. 15.3 The Client undertakes to indemnify and keep indemnified the Company in respect of any costs, claims, demands, damages and expenses whatsoever which may be reasonably and properly suffered or incurred by the Company directly or indirectly arising out of or in connection with any transaction entered into by the Company as agent on behalf of the Client or otherwise whatsoever or howsoever arising out of anything done or omitted to be done by the Company in accordance with the terms of the Client’s Agreement and these Terms and Conditions or pursuant to any Client’s instruction or communication. The Client also agrees to pay promptly to the Company on demand, all damages, costs and expenses (including legal expenses on a full indemnity basis) reasonably and properly incurred by the Company in the enforcement of any of the provisions of the Client’s Agreement and these Terms and Conditions. 15.4 The Client undertakes 18.4 I/We agree to indemnify and keep indemnified the Company and its directors, officers, employees and agents Agents for any loss, cost, claim, liability or expense expenses which may be incurred by the Company directly or indirectly, arising out of or connected in connection with any Instruction or any breach by the Client me/us of its any of my/our obligations hereunder and under the Client’s this Agreement, including any costs reasonably and necessarily incurred by the Company in connection with the closure of the Account or in collecting any debts due to the Company or in connection with the closure of the Account(s)and/or its Agents. 15.5 18.5 The above terms shall continue to take effect notwithstanding the closure of Accounts and termination of the Client’s Agreement and these Terms and Conditions. The indemnity in this clause shall be without limitation to other indemnity provisions in this Agreement.