Common use of Limitations on Liability and Indemnity Clause in Contracts

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 after termination of this agreement) against all liabilities, claims, demands, losses, damages and taxes incurred by any of them, and charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) incurred by any of them, and all actions or proceedings which may be brought by or against any of them in connection with any breach of the Customer’s obligations, representations or warranties under this agreement, and/or as a result of KVB acting on any instruction given or authorised or purportedly given or authorised by the Customer, and/or the provision of any services under this agreement, and/or the exercise or preservation of KVB’s powers and rights under this agreement, unless arising solely from negligence or willful default of KVB or its employees and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely there from. KVB is entitled to retain or deduct such amounts from any account maintained by the Customer with KVB as KVB determines to be sufficient to cover any amount which may be owed by the Customer to KVB under this clause. d) The Customer shall be fully liable to any and all the instructions given (no matter given by whom) under their FX trading account. KVB will not be liable to the Customer or any other party if the instructions are unauthorised, forged or fraudulently given and KVB could not reasonably have detected that from the instructions received. The Customer will indemnify KVB for their losses in acting on such instructions.

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 willful 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 after termination of this agreement) against all liabilities, claims, demands, losses, damages and taxes incurred by any of them, and charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) incurred by any of them, and all actions or proceedings which may be brought by or against any of them in connection with any breach of the Customer’s obligations, representations or warranties under this agreement, and/or as a result of KVB acting on any instruction given or authorised or purportedly given or authorised by the Customer, and/or the provision of any services under this agreement, and/or the exercise or preservation of KVB’s powers and rights under this agreement, unless arising solely from negligence or willful wilful default of KVB or its employees and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely there from. KVB is entitled to retain or deduct such amounts from any account maintained by the Customer with KVB as KVB determines to be sufficient to cover any amount which may be owed by the Customer to KVB under this clause. d) The Customer shall be fully liable to any and all the instructions given (no matter given by whom) under their FX trading account. KVB will not be liable to the Customer or any other party if the instructions are unauthorised, forged or fraudulently given and KVB could not reasonably have detected that from the instructions received. The Customer will indemnify KVB for their losses in acting on such instructions.

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 willful 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 after termination of this agreement) against all liabilities, claims, demands, losses, damages and taxes incurred by any of them, and charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) incurred by any of them, and all actions or proceedings which may be brought by or against any of them in connection with any breach of the Customer’s obligations, representations or warranties under this agreement, and/or as a result of KVB acting on any instruction given or authorised or purportedly given or authorised by the Customer, and/or the provision of any services under this agreement, and/or the exercise or preservation of KVB’s powers and rights under this agreement, unless arising solely from negligence or willful default of KVB or its employees and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely there from. KVB is entitled to retain or deduct such amounts from any account maintained by the Customer with KVB as KVB determines to be sufficient to cover any amount which may be owed by the Customer to KVB under this clause. d) The Customer shall be fully liable to any and all the instructions given (no matter given by whom) under their FX trading account. KVB will not be liable to the Customer or any other party if the instructions are unauthorised, forged or fraudulently given and KVB could not reasonably have detected that from the instructions received. The Customer will indemnify KVB for their losses in acting on such instructions.

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 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 Agreement because 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 agreementAgreement, 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 after termination of this agreementAgreement) against all liabilities, claims, demands, losses, damages and taxes incurred by any of them, and charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) incurred by any of them, and all actions or proceedings which may be brought by or against any of them in connection with any breach of the Customer’s obligations, representations or warranties under this agreementAgreement, and/or as a result of KVB acting on any instruction given or authorised or purportedly given or authorised by the Customer, and/or the provision of any services under this agreementAgreement, and/or the exercise or preservation of KVB’s powers and rights under this agreementAgreement, unless arising solely from negligence or willful wilful default of KVB or its employees and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely there from. KVB is entitled to retain or deduct such amounts from any account maintained by the Customer with KVB as KVB determines to be sufficient to cover any amount which may be owed by the Customer to KVB under this clause. d) The Customer shall be fully liable to any and all the instructions given (no matter given by whom) under their FX trading account. KVB will not be liable to the Customer or any other party if the instructions are unauthorised, forged or fraudulently given and KVB could not reasonably have detected that from the instructions received. The Customer will indemnify KVB for their losses in acting on such instructions.

Limitations on Liability and Indemnity. (a) No warranty is given by KVB as to the performance or profitability on any FX TransactionTransactions. KVB does not assume liability or responsibility to the Customer or any other person persons for any liabilities, claims, action, suits, proceedings, losses, damages, demanddemands, taxes, costs, charges and expenses of any kind which may be incurred or suffered by the Customer or any other person persons as a result of or in connection with: (i) Any 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 instructions from the Customer.; (iii) Access access to or use of the services provided by KVB under this agreement Agreement by the Customer or any other person persons whether or not authorised by the Customer.; (iv) Any any interruption, suspension, delay, loss, mutilation or other failure in transmission of any instruction instructions or other information howsoever caused.; (v) Any any inability to access the online service KVB’s communication platforms for any reason beyond the reasonable control of KVB.; (vi) KVB’s inability or delay in executing any instruction instructions from the Customer due to any reasons beyond its reasonable control including, without limitation, including 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 transmissiontransmissions, communication communications or computer failures, any strike strikes or similar industrial action actions and the failure of any exchangeexchanges, or any mechanical failurefailures, power failurefailures, malfunctionmalfunctions, breakdown, interruption interruptions or inadequacy of equipment or installation orinstallations; (vii) Any any failure by KVB to perform its obligations under this agreement Agreement as a result of any third party parties (including any counterparty to, or any person whom KVB engages in connection with any FX TransactionTransactions) 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.therefrom; (viii) Any person any persons who is appointed by KVB to perform any of the services and is made available to KVB under this agreementAgreement, 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 and unconditionally indemnifies KVB and its employees on demand (whether before or after termination of this agreementAgreement) against all liabilities, claims, demands, losses, damages and taxes incurred by any of them, and charges and expenses of any kind (including, without limitation, including legal fees on a full indemnity basis) incurred by any of them, and all actions or proceedings which may be brought by or against any of them in connection with any breach of the Customer’s obligations, representations or warranties under this agreementAgreement, and/or as a result of KVB acting on any instruction instructions given or authorised or purportedly given or authorised by the Customer, and/or the provision of any services under this agreementAgreement, and/or the exercise or preservation of KVB’s powers and rights under this agreementAgreement, unless arising solely from negligence or willful wilful default of KVB or its employees and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely there fromtherefrom. KVB is entitled to retain or deduct such amounts from any account accounts maintained by the Customer with KVB as KVB determines to be sufficient to cover any amount amounts which may be owed by the Customer to KVB under this clauseClause. (d) The Customer shall be fully liable to any and all the instructions given (no matter given by whom) under their his/her FX trading accountaccount maintained with KVB. KVB will not be liable to the Customer or any other party parties if the instructions are unauthorised, forged or fraudulently given and KVB could not reasonably have detected that from the instructions received. The Customer will shall indemnify KVB for their its losses in acting on such instructions.

Limitations on Liability and Indemnity. (a) No warranty is given by KVB as to the performance or profitability on any FX TransactionTransactions. KVB does not assume liability or responsibility to the Customer or any other person persons for any liabilities, claims, action, suits, proceedings, losses, damages, demanddemands, taxes, costs, charges and expenses of any kind which may be incurred or suffered by the Customer or any other person persons as a result of or in connection with: (i) Any 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 instructions from the Customer;. (iii) Access access to or use of the services provided by KVB under this agreement Agreement by the Customer or any other person persons whether or not authorised by the Customer;. (iv) Any any interruption, suspension, delay, loss, mutilation or other failure in transmission of any instruction instructions or other information howsoever caused.; (v) Any any inability to access the online service KVB’s communication platforms for any reason beyond the reasonable control of KVB;. (vi) KVB’s inability or delay in executing any instruction instructions from the Customer due to any reasons beyond its reasonable control including, without limitation, including 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 transmissiontransmissions, communication communications or computer failures, any strike strikes or similar industrial action actions and the failure of any exchangeexchanges, or any mechanical failurefailures, power failurefailures, malfunctionmalfunctions, breakdown, interruption interruptions or inadequacy of equipment or installation orinstallations; (vii) Any any failure by KVB to perform its obligations under this agreement Agreement as a result of any third party parties (including any counterparty to, or any person whom KVB engages in connection with any FX TransactionTransactions) 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.therefrom; and/or (viii) Any person any persons who is appointed by KVB to perform any of the services and is made available to KVB under this agreementAgreement, 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 and unconditionally indemnifies KVB and its employees on demand (whether before or after termination of this agreementAgreement) against all liabilities, claims, demands, losses, damages and taxes incurred by any of them, and charges and expenses of any kind (including, without limitation, including legal fees on a full indemnity basis) incurred by any of them, and all actions or proceedings which may be brought by or against any of them in connection with any breach of the Customer’s obligations, representations or warranties under this agreementAgreement, and/or as a result of KVB acting on any instruction instructions given or authorised or purportedly given or authorised by the Customer, and/or the provision of any services under this agreementAgreement, and/or the exercise or preservation of KVB’s powers and rights under this agreementAgreement, unless arising solely from negligence or willful wilful default of KVB or its employees and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely there fromtherefrom. KVB is entitled to retain or deduct such amounts from any account accounts maintained by the Customer with KVB as KVB determines to be sufficient to cover any amount amounts which may be owed by the Customer to KVB under this clauseClause. (d) The Customer shall be fully liable to any and all the instructions given (no matter given by whom) under their FX trading accountaccount maintained with KVB. KVB will not be liable to the Customer or any other party parties if the instructions are unauthorised, forged or fraudulently given and KVB could not reasonably have detected that from the instructions received. The Customer will shall indemnify KVB for their its losses in acting on such instructions.

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 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 Agreement because 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 agreementAgreement, 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 after termination of this agreementAgreement) against all liabilities, claims, demands, losses, damages and taxes incurred by any of them, and charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) incurred by any of them, and all actions or proceedings which may be brought by or against any of them in connection with any breach of the Customer’s obligations, representations or warranties under this agreement, and/or as a result of KVB acting on any instruction given or authorised or purportedly given or authorised by the Customer, and/or the provision of any services under this agreement, and/or the exercise or preservation of KVB’s powers and rights under this agreement, unless arising solely from negligence or willful default of KVB or its employees and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely there from. KVB is entitled to retain or deduct such amounts from any account maintained by the Customer with KVB as KVB determines to be sufficient to cover any amount which may be owed by the Customer to KVB under this clause.Agreement, d) The Customer shall be fully liable to any and all the instructions given (no matter given by whom) under their FX trading account. KVB will not be liable to the Customer or any other party if the instructions are unauthorised, forged or fraudulently given and KVB could not reasonably have detected that from the instructions received. The Customer will indemnify KVB for their losses in acting on such instructions.