Common use of No claims against Indemnified Parties Clause in Contracts

No claims against Indemnified Parties. No Proceeding shall be brought against any Indemnified Party by, and no Indemnified Party shall be liable to, the Indemnifying Party to recover any Loss which the Indemnifying Party may suffer or incur by reason of or in any way arising out of the carrying out by any of the Indemnified Parties of any act in connection with the transactions contemplated herein and in the Hong Kong Public Offering Documents, the performance by the Joint Sponsors, the Joint Global Coordinators, the Hong Kong Underwriters of their obligations hereunder or otherwise in connection with the offer, allotment, issue, sale or delivery of the Hong Kong Offer Shares or the preparation or despatch of the Hong Kong Public Offering Documents, provided that the foregoing shall not, except in relation to the matters as provided in Clause 3.7, exclude any liability of any Indemnified Party for such Loss which has been finally judicially determined by a court of competent jurisdiction or an arbitral tribunal to have arisen primarily out of such Indemnified Party’s gross negligence, willful default or fraud.

No claims against Indemnified Parties. No Proceeding shall be brought against any Indemnified Party by, and no Indemnified Party shall be liable to, the any Indemnifying Party to recover any Loss which the such Indemnifying Party may suffer or incur by reason of or in any way arising out of the carrying out by any of the Indemnified Parties of any act in connection with the transactions contemplated herein and in the Hong Kong Public Offering Documents, the performance by the Joint SponsorsSole Sponsor, the Sole Sponsor-OC, the Sole Overall Coordinator, the Sole Global Coordinator, the Sole Bookrunner, the Joint Global CoordinatorsLead Managers, the Hong Kong Underwriters Underwriters, the Capital Market Intermediaries or any other Indemnified Party of their obligations hereunder or otherwise in connection with the offer, allotment, issue, sale or delivery of the Hong Kong Offer Shares or the preparation or despatch of the Hong Kong Public Offering Documents, provided that the foregoing shall notnot exclude, except in relation to the matters as provided in Clause 3.73.11, exclude any liability of any Indemnified Party for such Loss which has been finally judicially determined by a court of competent jurisdiction or an a properly constituted arbitral tribunal panel (as the case may be) to have arisen primarily and directly out of the gross negligence, wilful default or fraud on the part of such Indemnified Party’s gross negligence, willful default or fraud.

No claims against Indemnified Parties. No Proceeding shall be brought against any Indemnified Party by, and no Indemnified Party shall be liable to, the any Indemnifying Party to recover any Loss which the such Indemnifying Party may suffer or incur by reason of or in any way arising out of the carrying out by any of the Indemnified Parties of any act in connection with the transactions contemplated herein and in the Hong Kong Public Offering Documentsdocumentation relating to the Global Offering, the performance by the Joint Sponsors, the Joint Global Coordinators, the Joint Bookrunners, the Joint Lead Managers, the Hong Kong Underwriters of their obligations hereunder or otherwise in connection with the offer, allotment, issue, sale or delivery of the Hong Kong Offer Shares or the preparation or despatch dispatch of the Hong Kong Public Offering Documentsdocumentation relating to the Global Offering, provided that the foregoing shall not, except in relation to the matters as provided in Clause 3.7, not exclude any liability of any Indemnified Party for such Loss which has been finally judicially determined by a court of competent jurisdiction or an a properly constituted arbitral tribunal panel (as the case may be) to have arisen primarily solely out of the gross negligence or wilful default on the part of such Indemnified Party’s gross negligence, willful default or fraud.

No claims against Indemnified Parties. No Proceeding claim (whether or not any such claim involves or results in any Proceedings) shall be brought made against any Indemnified Party by, and no Indemnified Party shall be liable to, any of the Indemnifying Party Warrantors to recover any Loss loss, damage, payment, cost, charge, expense or Taxation which the Indemnifying Party any Warrantor may suffer or incur by reason of or in any way arising out of the carrying out by any of the Indemnified Parties of any act in connection with the transactions contemplated herein and in the Hong Kong Public Offering Documents, the performance by the Joint Sponsors, the Joint Global Coordinators, the Joint Bookrunners, the Joint Lead Managers or the Hong Kong Underwriters or any other Indemnified Party of their obligations hereunder or otherwise in connection with the offerHong Kong Public Offering, the allotment, issue, sale or delivery of the Hong Kong Offer Shares or Shares, the preparation or despatch of the Hong Kong Public Offering Documents, provided that Documents or any liability or responsibility whatsoever for any alleged insufficiency of the foregoing shall not, except in relation to Offer Price or any dealing price of the matters Offer Shares. Except as provided in Clause 3.73.8, the foregoing shall not be taken to exclude any liability of any Indemnified Party for to the extent that such Loss which has been loss, damage, payment, cost, charge, expense or Taxation is finally judicially determined by a court of competent jurisdiction or an finally determined by a properly constituted arbitral tribunal panel (as the case may be) to have arisen primarily out resulted solely and directly from the gross negligence, wilful default or fraud on the part of such Indemnified Party’s gross negligence, willful default or fraud.