Common use of PAYMENT OBLIGATIONS OF CUSTOMER Clause in Contracts

PAYMENT OBLIGATIONS OF CUSTOMER. Customer shall pay Mxxxxx Sxxxxxx upon demand (a) all brokerage charges, give-up fees, commissions and service fees as Mxxxxx Sxxxxxx and Customer may from time to time agree; (b) all exchange, clearing house, NFA or other regulatory fees or charges; (c) any tax imposed on Customer’s transactions hereunder by any competent taxing authority; (d) any debit balance or deficiency in the Account, including margin obligations in respect of the Account arising under Section 6(e) hereof; (e) interest on any debit balances or deficiencies in the Account, at rates agreed from time to time between the parties; and (f) any other amounts owed by Customer to Mxxxxx Sxxxxxx with respect to the Account or any transactions therein. Customer agrees to compensate Mxxxxx Sxxxxxx and its affiliates, officers, employees, successors, assigns and agents for any and all loss, liability, cost, penalty or tax (each a “Loss” and collectively “Losses”) incurred by Mxxxxx Sxxxxxx as a direct result of Customer’s failure to comply with any provision of, or to perform any obligations under, this Agreement in a material way, or as a direct result of the failure of any of its representations, warranties or covenants made hereunder to be true and correct in any material respect; provided however, Customer shall not compensate Mxxxxx Sxxxxxx to the extent such Loss is caused by the negligence, fraud or willful misconduct of Mxxxxx Sxxxxxx.

Appears in 3 contracts

Samples: Commodity Futures Customer Agreement (Morgan Stanley Smith Barney Spectrum Select Lp), Commodity Futures Customer Agreement (Morgan Stanley Smith Barney Charter Aspect L.P.), Commodity Futures Customer Agreement (Morgan Stanley Smith Barney Charter Campbell Lp)

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PAYMENT OBLIGATIONS OF CUSTOMER. Customer shall pay Mxxxxx Sxxxxxx Xxxxxx Xxxxxxx upon demand (a) all brokerage charges, give-up fees, commissions and service fees as Mxxxxx Sxxxxxx Xxxxxx Xxxxxxx and Customer may from time to time agree; (b) all exchange, clearing house, NFA or other regulatory fees or charges; (c) any tax imposed on Customer’s transactions hereunder by any competent taxing authority; (d) any debit balance or deficiency in the Account, including margin obligations in respect of the Account arising under Section 6(e) hereof; (e) interest on any debit balances or deficiencies in the Account, at rates agreed from time to time between the parties; and (f) any other amounts owed by Customer to Mxxxxx Sxxxxxx Xxxxxx Xxxxxxx with respect to the Account or any transactions therein. Customer agrees to compensate Mxxxxx Sxxxxxx Xxxxxx Xxxxxxx and its affiliates, officers, employees, successors, assigns and agents for any and all loss, liability, cost, penalty or tax (each a “Loss” and collectively “Losses”) incurred by Mxxxxx Sxxxxxx Xxxxxx Xxxxxxx as a direct result of Customer’s failure to comply with any provision of, or to perform any obligations under, this Agreement in a material way, or as a direct result of the failure of any of its representations, warranties or covenants made hereunder to be true and correct in any material respect; provided however, Customer shall not compensate Mxxxxx Sxxxxxx Xxxxxx Xxxxxxx to the extent such Loss is caused by the negligence, fraud or willful misconduct of Mxxxxx SxxxxxxXxxxxx Xxxxxxx.

Appears in 2 contracts

Samples: Futures Customer Agreement, Commodity Futures Customer Agreement (Managed Futures Premier BHM L.P.)

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