Limitations on Liability and Indemnity a) No warranty is given by KVB as to the performance or profitability on any FX Transaction. KVB does not assume liability or responsibility to the Customer or any other person for any liabilities, claims, action, suits, proceedings, losses, damages, demand, taxes, costs, charges and expenses of any kind which may be incurred or suffered by the Customer or any other person as a result of or in connection with:
i) Any errors of fact or judgment or any action taken (or omitted to be taken) by KVB in good faith.
ii) KVB acting on any instruction from the Customer.
iii) Access to or use of the services provided by KVB under this agreement by the Customer or any other person whether or not authorised by the Customer.
iv) Any interruption, suspension, delay, loss, mutilation or other failure in transmission of any instruction or other information howsoever caused.
v) Any inability to access the online service for any reason beyond the reasonable control of KVB.
vi) KVB’s inability or delay in executing any instruction from the Customer due to any reasons beyond its reasonable control including, without limitation, exchange control or other government measures or restrictions, adverse market conditions, disruptions in market or exchange, suspension of trading, change in national or international monetary, financial, political or economic conditions, any act of force majeure, any breakdown or failure of transmission, communication or computer failures, any strike or similar industrial action and the failure of any exchange, or any mechanical failure, power failure, malfunction, breakdown, interruption or inadequacy of equipment or installation or;
vii) Any failure by KVB to perform its obligations under this agreement as a result of any third party (including any counterparty to, or any person whom KVB engages in connection with any FX Transaction) failing to perform its obligations to KVB unless arising from KVB’s negligence or wilful default and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely there from.
viii) Any person who is appointed by KVB to perform any of the services and is made available to KVB under this agreement, provided that KVB has exercised such care in appointing such persons as it would employ for its own business.
b) KVB shall not be liable for any taxation consequences of any FX Transaction.
c) The Customer irrevocably indemnifies KVB and its employees on demand (whether before or a...
Limitations on Liability and Indemnity. 32.1. In the event the Company provides the Information as specified in paragraph 8.3. of thisClient Agreement, the Company shall not, in the absence of potential fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given.
Limitations on Liability and Indemnity. (a) The provision of the Services does not constitute the Company a trustee and the Company shall have no trust or other obligation in respect of the Securities except those as may be explicitly provided for.
(b) The Company is under no duty to examine or verify the validity of the ownership of or title to any Securities and shall not be liable in respect of any defect in ownership or title.
(c) Neither the Company nor any of its market information providers shall be liable for any taxes or duties payable on or in respect of the Securities nor for the management of or any diminution in the value of the Securities.
(d) The Company accepts no responsibility and shall not be liable for losses of any kind which may be incurred by the Customer as a result of the provision of the Services by the Company in accordance with Instructions decided and issued from the Customer or, in any other case, including without limitation any failure, delays, errors or inaccuracies in the handling of Instructions due to the breakdown or failure of transmission or communication the facilities or to any other cause or causes beyond its control including (without prejudice to the generality of the foregoing) government restrictions, contract market rulings or suspension of trading, or in respect of the accuracy, completeness or otherwise any information provided by the Company where such information has been prepared by a third party, unless due to (i) the negligence or willful fault of the Company or any other person appointed by it or their respective officers or employees or (ii) is otherwise in breach of Clause 4, Provisions of Services, (g).
(e) The Customer shall indemnify the Company, its market information providers, any other person appointed by it and their respective officers and employees against all claims, liabilities, damages, losses, costs and expenses of any kind which may be incurred by any of them and all actions or proceedings which may be brought by or against any of them in connection with the provision of the Services and/or as a result of any default by the Customer in the performance of its obligation (including without limitation to the generality of the foregoing, any costs incurred or actions or proceedings brought as a result of the Customer failing to maintain sufficient Securities in the Securities Account) and/or the enforcement of the provisions of this Agreement unless due to the gross negligence or willful fault of the Company any other person app...
Limitations on Liability and Indemnity. 13.1. No warranty is given by the Broker as to the performance or profitability of any investments, cash or other assets comprised in the Client’s Assets. Nothing in this Agreement shall constitute the Broker a trustee of the Client or any of the Client’s Assets.
13.2. Except to the extent the same arises solely from the negligence or wilful default or fraud of the Broker or any of its officers, employees or agents and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly or solely therefrom, the Broker does not assume any liability or responsibility to the Client or any other person for any liabilities, claims, actions, suits, proceedings, losses, damages, demand, taxes, costs, charges and expenses of any kind which may be incurred or suffered by the Client or any other person as a result of or in connection with : -
(a) any loss of opportunity whereby the value of the Client’s Assets could have been increased or for any decline howsoever arising in the value of the Client’s Assets;
(b) any errors of fact or judgment or any action taken (or omitted to be taken) by the Broker in good faith;
(c) the Broker acting on any Instructions;
(d) the negligence, default, bad faith, fraud, act or omission of any person through whom transactions are effected by the Broker on behalf of the Client or who is the counterparty to any such transaction provided that the Broker has exercised reasonable care and has acted in good faith in the appointment or selection of such person;
(e) use of the Services by the Client or any other person whether or not authorised;
(f) any interruption, suspension, delay, loss, mutilation or other failure in transmission of any Instructions or other information howsoever caused;
(g) its inability or delay in executing any Instructions due to any reasons beyond its reasonable control including, without limitation, non-availability of foreign exchange, exchange control or other government measures or restrictions, adverse market conditions, disruptions in market or exchange, suspension of trading, change in national or international monetary, financial, political or economic conditions, any act of force majeure, war, riot, civil commotion, any breakdown or failure of transmission, communication or computer facilities, postal or other strikes or similar industrial action and the failure of any exchange, clearing house or market; or
(h) any mechanical failure, power failure, malfunction, breakdown, inte...
Limitations on Liability and Indemnity. 7.1 Exclusion of Damages. EXCEPT FOR INDEMNITY OBLIGATIONS, NEITHER CLIENT NOR CLOUDCHECKR INC. WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) THAT RESULT FROM CLIENT’S USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES WHATHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF SUCH PARTY. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, CLOUDCHECKR INC. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF
(1) CLOUDCHECKR INC.’S TERMINATION OF THIS AGREEMENT OR THE SERVICE; OR (3) PERMITTED THIRD PARTY CONTENT CONTAINED IN THE REPORTS OR THE SERVICE.
Limitations on Liability and Indemnity. In the performance of the Services requested in connection with this Agreement, Bank shall be entitled to rely solely on the information, representations and warranties provided by Company pursuant to this Agreement, and shall not be responsible for the accuracy or completeness thereof.
Limitations on Liability and Indemnity. 6.01 The provision of the Services does not constitute the Bank a trustee and the Bank shall have no trust or other obligations in respect of Property except those contained in this Agreement.
6.02 The Bank is under no duty to examine or verify the validity of the ownership of or title to any Property and shall not be liable in respect of any defect in ownership or title.
6.03 The Bank shall not be liable for any taxes or duties payable on or in respect of Property nor for the management of or any diminution in the value of Property.
6.04 In jurisdictions restricting foreign ownership of Property, the Bank shall have no duty to the Depositor to ascertain the nationality of the owner of Property or that Property deposited is approved for foreign ownership unless specifically instructed by the Depositor.
6.05 The Bank shall not be liable for losses of any kind which may be incurred by the Depositor as a result of the provision of the Services by the Bank in accordance with the instructions of the Depositor and market practice nor, in any other case, unless due to the breach by the Bank of this Agreement, the negligence, fraud or willful default of the Bank or any other person appointed by it or their respective officers or employees or agents.
6.06 The Depositor acknowledges that there are particular difficulties in establishing the authenticity of fixed income securities (including, without limitation, corporate and government bonds, bills of exchange, certificates of deposit, convertible bonds, debentures, promissory notes, floating rate notes, treasury bills and commercial paper) settled in certain jurisdictions and unquoted and overseas (nondomestic) securities. Accordingly, although the Bank will endeavor to check that, on its face, an instrument and/or securities’ certificate appears genuine, it will not be responsible for verifying the validity or authenticity of any such instrument and will not be liable for any defect in such validity or authenticity.
6.07 The Bank shall indemnify the Depositor against all claims, liabilities, damages, costs and expenses of any kind which may be incurred by the Depositor and all actions or proceedings which may be brought against the Depositor as a result of the breach by the Bank of this Agreement, the negligence, fraud or willful default of the Bank, any other person appointed by it or their respective officers or employees in connection with the provision of the Services provided that the Bank shall not be respon...
Limitations on Liability and Indemnity. I The provision of the Services does not constitute the Bank as a trustee and the Bank shall have no trust or other obligations in respect of Property and shall not be liable in respect of any defect in ownership or title.
Limitations on Liability and Indemnity. Neither party’s liability in connection with participating in any FCDI event or program, or under this Agreement exceeds one hundred dollars ($100). FCDI, its volunteers, officers or directors or any other event provider shall not be liable to you for any damage, loss, harm, injury or death to your person, property, or business, or any of your visitors, officers, agents, or employees, resulting from theft, fire, earthquake, water, unavailability of facilities, any errors or omissions in FCDI-related materials, insufficient participation, accident, or any other reason in connection with volunteering or related activities, except to the extent directly attributable to our willful misconduct or gross negligence. You agree to indemnify, and hold harmless FCDI its officers and directors from and against any claim, cost, expense, loss, liability, or damage incurred as the result of any third‐party claim based on willful misconduct, and/or (iii) your material breach of this Agreement.
Limitations on Liability and Indemnity. 4.1. The provision of the Services constitutes the Bank as a custodian of the Cash but does not constitute the Bank a trustee and the Bank shall have no trust or other obligations in respect of the Cash except those contained in this Agreement.
4.2. Subject to Clause 13.1, the Bank shall not be liable for any taxes or duties payable on or in respect of the cash nor for the management of or the diminution of the balance of the cash.
4.3. The Bank shall act with all due care, skill and diligence and shall indemnify the Client against all or any losses, claims, liabilities, damages, reasonable costs and expenses of any kind which may be incurred by the Client and all actions and proceedings which may be brought against the Client as a result of the provision of the Services by the Bank to the extent that such losses, claims, liabilities, damages, expenses, actions and proceedings are due to the negligence, fraud or wilful default of the Bank, or any other person appointed by it or their respective officers or employees and this indemnity shall continue notwithstanding the termination of this Agreement in respect of losses, claims, liabilities, damages, reasonable costs and expenses resulting from facts or events which occurred prior to such termination. The Client shall promptly inform the bank of any such claims, actions or proceedings in respect of which any indemnity is sought under this Agreement.
4.4. The Client shall indemnify the bank against all claims, liabilities, damages, reasonable costs and expenses of any kind which may be incurred by it and all actions or proceedings which may be brought against it, in connection with the provision of the Services unless due to the negligence, fraud or wilful default of the bank, any person appointed by it, or their respective officers or employees and this indemnity shall continue notwithstanding the termination of this Agreement in respect of claims, liabilities, damages, reasonable costs and expenses resulting from facts or events which occurred prior to such termination. The Bank shall promptly inform the Client of any such claims, actions or proceedings in respect of which any indemnity is sought under this Agreement.
4.5. In relation to the Bank's responsibilities and duties under this Agreement, the Bank shall not be held liable for or in respect of any loss or damage or failure to comply or delay in complying with its obligations, hereunder which is caused directly or indirectly by any cause, event or c...
