Limitation on Indemnities. The indemnities provided in this Section 5 by Customer to Xxxxxx Xxxxxxx and its affiliates shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any agreement of Xxxxxx Xxxxxxx contained in this Agreement to the extent caused by such event. Likewise, the indemnities provided in this Section 5 by Xxxxxx Xxxxxxx to Customer and its successors and assigns shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any representation, warranty or agreement of Customer contained in this Agreement to the extent caused by such breach.
Appears in 17 contracts
Samples: Escrow Agreement (Morgan Stanley Dean Witter Charter Grahm Lp), Escrow Agreement (Morgan Stanley Dean Witter Charter Millburn Lp), Commodity Futures Customer Agreement (Witter Dean Diversified Futures Fund Lp)
Limitation on Indemnities. The indemnities provided in this Section 5 by Customer to Xxxxxx Xxxxxxx and its affiliates shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any agreement of Xxxxxx Xxxxxxx contained in this Agreement to the extent caused by such event. Likewise, the indemnities provided in this Section 5 by Xxxxxx Xxxxxxx to Customer and any of its successors and assigns shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any representation, warranty or agreement of Customer contained in this Agreement to the extent caused by such breachevent.
Appears in 3 contracts
Samples: Commodity Futures Customer Agreement (Morgan Stanley Tangible Asset Fund L P), Commodity Futures Customer Agreement (Morgan Stanley Tangible Asset Fund L P), Commodity Futures Customer Agreement (Morgan Stanley Tangible Asset Fund L P)
Limitation on Indemnities. The indemnities provided in this Section 5 by the Customer to Xxxxxx Xxxxxxx and its affiliates shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any warranty, covenant or agreement of Xxxxxx Xxxxxxx contained in this Agreement to the extent caused by such event. Likewise, the indemnities provided in this Section 5 by Xxxxxx Xxxxxxx to the Customer and any of its successors and assigns shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any representationwarranty, warranty covenant or agreement of the Customer contained in this Agreement to the extent caused by such breach.
Appears in 1 contract
Samples: Commodity Futures Customer Agreement (Columbia Futures Fund)
