Common use of Liability Limitations and Indemnification Clause in Contracts

Liability Limitations and Indemnification. 18.1. You agree that T1 will not be liable for any loss, damage, action, proceedings, claims, expenses, costs or any other liabilities whatsoever which may be suffered or incurred by or made against you that arises out of, touches upon or is in connection with the Services, or any order, Contract, Transaction or execution except and only to the extent that the same arise from fraud, willful default, gross negligence, including our unjustifiable failure to perform all or part of our obligations set forth in the Agreement, our license or applicable rule, regulation or law. 18.2. Without prejudice to any other provision in the Agreement, you agree that T1 will not be liable for any loss, damage, action, proceedings, claims, expenses, costs or other liabilities whatsoever which you may suffer or incur arising from any act or omission or the insolvency of any third party (including any Service Provider or Additional Service Provider). 18.3. You agree to indemnify and hold harmless T1, its officers, employees, directors, shareholders and agents from and against any loss, action, proceeding, claim, damage, expense, cost or other liability whatsoever incurred or suffered by or made against T1 and/or any of our officers, employees, directors, shareholders and agents at any time (both before and after termination of this Agreement) that arises, directly or indirectly, from our control over or possession of Your Funds and/or in connection with providing the Services, or handling any order, receiving/transmitting for execution any Transaction or facilitating any Contract, including any loss, claim, expense, cost, damage or other liability that arises directly or indirectly as a result of our acting upon your order, Instruction and/or directive or upon the order, instruction and/or directive we rea- sonably believe came from you, or your breach of the representations and warranties contained set forth in clause 7 above, except and only to the extent that the same arises from our fraud, willful default, willful negligence, including our unjustified failure to perform all or part of our obligations set forth in the Agreement, our license or applicable rule, regulation or law. 18.4. You agree that we will not be liable for any loss of or damage or for any failure to execute our obligations hereunder the loss, damage or failure is caused, directly or indirectly, by a force majeure, without limitation, such as the act of any sovereign power or other competent authority (including, exchange controls, forfeitures, nationalizations, devaluations), civil com- motion, rebellion, war, storm, fire, natural disasters, acts of God, international intervention, market conditions, inability to communicate with any relevant person or entity or any breakdown or failure of any transmission or communication system or computer facility, whether belonging to us, to you or otherwise or of any market or settlement or clearing system, or other cause whether similar or not, outside of our reasonable commercial control and which makes it practically impossible for us to comply with our obligations. 18.5. The provisions of clause 17 shall survive the termination of this Agreement for any reason whatsoever.

Appears in 3 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

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Liability Limitations and Indemnification. 18.1. You agree that T1 will not be liable for any loss, damage, action, proceedings, claims, expenses, costs or any other liabilities whatsoever which may be suffered or incurred by or made against you that arises out of, touches upon or is in connection with the Services, or any order, Contract, Transaction or execution except and only to the extent that the same arise from fraud, willful default, gross negligence, including our unjustifiable failure to perform all or part of our obligations set forth in the Agreement, our license or applicable rule, regulation or law. 18.2. Without prejudice to any other provision in the Agreement, you agree that T1 will not be liable for any loss, damage, action, proceedings, claims, expenses, costs or other liabilities whatsoever which you may suffer or incur arising from any act or omission or the insolvency of any third party (including any Service Provider or Additional Service Provider). 18.3. You agree to indemnify and hold harmless T1, its officers, employees, directors, shareholders and agents from and against any loss, action, proceeding, claim, damage, expense, cost or other liability whatsoever incurred or suffered by or made against T1 and/or any of our officers, employees, directors, shareholders and agents at any time (both before and after termination of this Agreement) that arises, directly or indirectly, from our control over or possession of Your Funds and/or in connection with providing the Services, or handling any order, receiving/transmitting for execution any Transaction or facilitating any Contract, including any loss, claim, expense, cost, damage or other liability that arises directly or indirectly as a result of our acting upon your order, Instruction and/or directive or upon the order, instruction and/or directive we rea- sonably believe came from you, or your breach of the representations and warranties contained set forth in clause 7 above, except and only to the extent that the same arises from our fraud, willful default, willful negligence, including our unjustified failure to perform all or part of our obligations set forth in the Agreement, our license or applicable rule, regulation or law. 18.4. You agree that we will not be liable for any loss of or damage or for any failure to execute our obligations hereunder the loss, damage or failure is caused, directly or indirectly, by a force majeure, without limitation, such as the act of any sovereign power or other competent authority (including, exchange controls, forfeitures, nationalizations, devaluations), civil com- motion, rebellion, war, storm, fire, natural disasters, acts of God, international intervention, market conditions, inability to communicate with any relevant person or entity or any breakdown or failure of any transmission or communication system or computer facility, whether belonging to us, to you or otherwise or of any market or settlement or clearing system, or other cause whether similar or not, outside of our reasonable commercial control and which makes it practically impossible for us to comply with our obligations. 18.5. The provisions of this clause 17 shall survive the termination of this Agreement for any reason whatsoever.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

Liability Limitations and Indemnification. 18.1. 19.1 You agree that T1 Tradeview, without limitation, will not be liable for any loss, damage, action, proceedings, claims, expenses, costs or any other liabilities whatsoever that you may incur or which may be suffered or incurred by or are made against you that arises arise out of, touches touch upon or is are in connection with the Services, or any order, Contract, Transaction or execution except and only to the extent that the same arise from fraud, willful default, gross negligence, including our unjustifiable failure to perform all or part of our obligations set forth in the Agreement, our license or applicable rule, regulation or law. 18.2. 19.2 Without prejudice to and notwithstanding any other provision in the this Agreement, you agree that T1 that, without limitation, Tradeview will not be liable for any loss, damage, action, proceedings, claims, expenses, costs or other liabilities whatsoever which you may suffer or incur arising from any act or omission or the insolvency of any third party (including any Service Provider or Additional Service Provider). 18.3. 19.3 You agree to indemnify and hold harmless T1Tradeview, its officers, employees, directors, shareholders and agents from and against any loss, action, proceeding, claim, damage, expense, cost or other liability whatsoever incurred or suffered by or made against T1 Tradeview and/or any of our officers, employees, directors, shareholders and agents at any time (both before and after termination of this Agreement) that arises, directly or indirectly, from our control over or possession of Your Funds your Capital and/or in connection with providing the Services, or handling any order, receiving/receiving/ transmitting for execution any Transaction or facilitating any Contract, including any loss, claim, expense, cost, damage or other liability that arises directly or indirectly as a result of our acting upon your order, Instruction instruction and/or directive or upon the order, instruction and/or directive we rea- sonably reasonably believe came from you, or your breach of the representations and warranties contained set forth in clause 7 abovethis Agreement, except and only to the extent that the same arises from our fraud, willful default, willful negligence, including our unjustified failure to perform all or part of our obligations set forth in the Agreement, our license or applicable rule, regulation or law. 18.4. 19.4 You agree that we will not be liable for any loss of or damage or for any failure to execute our obligations hereunder the loss, damage or failure is caused, directly or indirectly, by a force majeure, without limitation, such as the act of any sovereign power or other competent authority (including, exchange controls, forfeitures, nationalizations, devaluations), civil com- motioncommotion, rebellion, war, storm, fire, natural disasters, acts of God, international intervention, market conditions, inability to communicate with any relevant person or entity or any breakdown or failure of any transmission or communication system or computer facility, whether belonging to us, to you or otherwise or of any market or settlement or clearing system, or other cause whether similar or not, outside of our reasonable commercial control and which makes it practically impossible for us to comply with our obligations.to 18.5. 19.5 The provisions of this clause 17 19 shall survive the termination of this Agreement for any reason whatsoever.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Liability Limitations and Indemnification. 18.1. You agree that T1 NTL will not be liable for any loss, damage, action, proceedings, claims, expenses, costs or any other liabilities whatsoever which may be suffered suffered or incurred by or made against you that arises out of, touches upon or is in connection with the Services, or any order, Contract, Transaction or execution except and only to the extent that the same arise from fraud, willful default, gross negligence, including our unjustifiable failure to perform all or part of our obligations set forth in the Agreement, our license or applicable rule, regulation or law. 18.2. Without prejudice to any other provision in the Agreement, you agree that T1 NTL will not be liable for any loss, damage, action, proceedings, claims, expenses, costs or other liabilities whatsoever which you may suffer suffer or incur arising from any act or omission or the insolvency of any third party (including any Service Provider or Additional Service Provider). 18.3. You agree to indemnify and hold harmless T1NTL, its officersofficers, employees, directors, shareholders and agents from and against any loss, action, proceeding, claim, damage, expense, cost or other liability whatsoever incurred or suffered suffered by or made against T1 NTL and/or any of our officersofficers, employees, directors, shareholders and agents at any time (both before and after termination of this Agreement) that arises, directly or indirectly, from our control over or possession of Your Funds and/or in connection with providing the Services, or handling any order, receiving/receiving/ transmitting for execution any Transaction or facilitating any Contract, including any loss, claim, expense, cost, damage or other liability that arises directly or indirectly as a result of our acting upon your order, Instruction and/or directive or upon the order, instruction and/or directive we rea- sonably reasonably believe came from you, or your breach of the representations and warranties contained set forth in clause 7 above, except and only to the extent that the same arises from our fraud, willful default, willful negligence, including our unjustified failure to perform all or part of our obligations set forth in the Agreement, our license or applicable rule, regulation or law. 18.4. You agree that we will not be liable for any loss of or damage or for any failure to execute our obligations hereunder the loss, damage or failure is caused, directly or indirectly, by a force majeure, without limitation, such as the act of any sovereign power or other competent authority (including, exchange controls, forfeitures, nationalizations, devaluations), civil com- motioncommotion, rebellion, war, storm, fire, natural disasters, acts of God, international intervention, market conditions, inability to communicate with any relevant person or entity or any breakdown or failure of any transmission or communication system or computer facility, whether belonging to us, to you or otherwise or of any market or settlement or clearing system, or other cause whether similar or not, outside of our reasonable commercial control and which makes it practically impossible for us to comply with our obligations. 18.5. The provisions of this clause 17 shall survive the termination of this Agreement for any reason whatsoever.

Appears in 1 contract

Samples: Customer Agreement

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Liability Limitations and Indemnification. 18.1. 19.1 You agree that T1 Tradeview, without limitation, will not be liable for any loss, damage, action, proceedings, claims, expenses, costs or any other liabilities whatsoever that you may incur or which may be suffered or incurred by or are made against you that arises arise out of, touches touch upon or is are in connection with the Services, or any order, Contract, Transaction or execution except and only to the extent that the same arise from fraud, willful default, gross negligence, including our unjustifiable failure to perform all or part of our obligations set forth in the Agreement, our license or applicable rule, regulation or law. 18.2. 19.2 Without prejudice to and notwithstanding any other provision in the this Agreement, you agree that T1 that, without limitation, Tradeview will not be liable for any loss, damage, action, proceedings, claims, expenses, costs or other liabilities whatsoever which you may suffer or incur arising from any act or omission or the insolvency of any third party (including any Service Provider or Additional Service Provider). 18.3. 19.3 You agree to indemnify and hold harmless T1Tradeview, its officers, employees, directors, shareholders and agents from and against any loss, action, proceeding, claim, damage, expense, cost or other liability whatsoever incurred or suffered by or made against T1 Tradeview and/or any of our officers, employees, directors, shareholders and agents at any time (both before and after termination of this Agreement) that arises, directly or indirectly, from our control over or possession of Your Funds your Capital and/or in connection with providing the Services, or handling any order, receiving/transmitting for execution any Transaction or facilitating any Contract, including any loss, claim, expense, cost, damage or other liability that arises directly or indirectly as a result of our acting upon your order, Instruction instruction and/or directive or upon the order, instruction and/or and/ or directive we rea- sonably reasonably believe came from you, or your breach of the representations and warranties contained set forth in clause 7 abovethis Agreement, except and only to the extent that the same arises from our fraud, willful default, willful negligence, including our unjustified failure to perform all or part of our obligations set forth in the Agreement, our license or applicable rule, regulation or law. 18.4. 19.4 You agree that we will not be liable for any loss of or damage or for any failure to execute our obligations hereunder the loss, damage or failure is caused, directly or indirectly, by a force majeure, without limitation, such as the act of any sovereign power or other competent authority (including, exchange controls, forfeitures, nationalizations, devaluations), civil com- motioncommotion, rebellion, war, storm, fire, natural disasters, acts of God, international intervention, market conditions, inability to communicate with any relevant person or entity or any breakdown or failure of any transmission or communication system or computer facility, whether belonging to us, to you or otherwise or of any market or settlement or clearing system, or other cause whether similar or not, outside of our reasonable commercial control and which makes it practically impossible for us to comply with our obligations. 18.5. 19.5 The provisions of this clause 17 19 shall survive the termination of this Agreement for any reason whatsoever.

Appears in 1 contract

Samples: Client Agreement

Liability Limitations and Indemnification. 18.1. You agree that T1 Tier1FX International will not be liable for any loss, damage, action, proceedings, claims, expenses, costs or any other liabilities whatsoever which may be suffered or incurred by or made against you that arises out of, touches upon or is in connection with the Services, or any order, Contract, Transaction or execution except and only to the extent that the same arise from fraud, willful default, gross negligence, including our unjustifiable failure to perform all or part of our obligations set forth in the Agreement, our license or applicable rule, regulation or law. 18.2. Without prejudice to any other provision in the Agreement, you agree that T1 Tier1FX International will not be liable for any loss, damage, action, proceedings, claims, expenses, costs or other liabilities whatsoever which you may suffer or incur arising from any act or omission or the insolvency of any third party (including any Service Provider or Additional Service Provider). 18.3. You agree to indemnify and hold harmless T1Tier1FX International, its officers, employees, directors, shareholders and agents from and against any loss, action, proceeding, claim, damage, expense, cost or other liability whatsoever incurred or suffered by or made against T1 Tier1FX International and/or any of our officers, employees, directors, shareholders and agents at any time (both before and after termination of this Agreement) that arises, directly or indirectly, from our control over or possession of Your Funds and/or in connection with providing the Services, or handling any order, receiving/transmitting for execution any Transaction or facilitating any Contract, including any loss, claim, expense, cost, damage or other liability that arises directly or indirectly as a result of our acting upon your order, Instruction and/or directive or upon the order, instruction and/or directive we rea- sonably reasonably believe came from you, or your breach of the representations and warranties contained set forth in clause 7 above, except and only to the extent that the same arises from our fraud, willful default, willful negligence, including our unjustified failure to perform all or part of our obligations set forth in the Agreement, our license or applicable rule, regulation or law. 18.4. You agree that we will not be liable for any loss of or damage or for any failure to execute our obligations hereunder the loss, damage or failure is caused, directly or indirectly, by a force majeure, without limitation, such as the act of any sovereign power or other competent authority (including, exchange controls, forfeitures, nationalizations, devaluations), civil com- motion, rebellion, war, storm, fire, natural disasters, acts of God, international intervention, market conditions, inability to communicate with any relevant person or entity or any breakdown or failure of any transmission or communication system or computer facility, whether belonging to us, to you or otherwise or of any market or settlement or clearing system, or other cause whether similar or not, outside of our reasonable commercial control and which makes it practically impossible for us to comply with our obligations. 18.5. The provisions of clause 17 shall survive the termination of this Agreement for any reason whatsoever.

Appears in 1 contract

Samples: Customer Agreement

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