Common use of The extent of our liability Clause in Contracts

The extent of our liability. 18.1 We will not be responsible for any losses or expenses you incur under this agreement, unless caused by our breaching FCA Rules, or our fraud, wilful default or negligence. Even in the event of our wilful default or negligence, we will not be liable for any loss attributable to a failure by you to let us know about address or name changes, other changes in personal details, or bankruptcy, or any problem or defect in your ownership or title to the CDIs (unless caused by us). 18.2 Neither we nor NomineeCo act as agent for the Company or accept any responsibility for anything the Company does or does not do. 18.3 Neither we nor NomineeCo will be responsible for: ⚫ acting in accordance with a court order (of whatever jurisdiction) or failing to act in accordance with a court order about which we have not been notified; ⚫ forged or fraudulent instructions. So long as we have shown all due care, we will be entitled to assume: - that signatures that purport to be yours are genuine; and - if we have agreed to accept a particular instruction over the phone or by email, that the caller’s or emailer’s identity is genuine – unless it ought to be obvious to anyone that it is not. ⚫ any kind of loss or damage you suffer in the event of ‘force majeure’ – meaning any failure, interruption or delay in the performance of our obligations because of: - industrial disputes; - the malfunction or failure of any telecommunications or computer service, or CREST; - the failure of third parties to carry out their obligations; - the activities of government or international authorities, including changes in law or regulations; and/or - any other event or circumstance not within our reasonable control provided, where relevant, that we have complied with the FCA Rules on business continuity. If this type of situation arises, however, we will remedy the situation as soon as reasonably possible. ⚫ any indirect, special or consequential loss (including direct or indirect loss of profit),other than where this results from fraud or a breach of the Conduct of Business Sourcebook or Client Assets Sourcebook in the FCA Rules on our part. 18.4 We and NomineeCo reserve the right to delay acting on any particular instruction you give us, in order that we can get additional information from you, and/or comply with any law or regulations, and/or investigate the validity or any other aspect of the instruction. Neither we nor NomineeCo will be responsible for any financial loss resulting from such a delay. 18.5 Neither we nor NomineeCo will be responsible in any way to anyone for any shortfall that might arise because we are accountable for tax on any of the CDIs, or any part of the CDIs, or on any income or capital distribution or other payment they produce, or from any sale proceeds. In order to comply with any tax liabilities of this kind that might arise, we will be entitled to recover the money by making deductions from the income arising from your CDIs, or by selling any or all of the CDIs and making deductions from the proceeds. 18.6 We and NomineeCo will be entitled to make any agreement with, or give any undertakings to, any tax authority as regards the taxation status of the transactions made under this agreement, and do everything necessary to abide by any such agreement or undertakings. 18.7 We and NomineeCo may do, or stop doing, anything that, in our reasonable opinion, is necessary in order to comply with any laws, rules, regulations or the requirements of any regulatory or other body that are binding on us. 18.8 We reserve the right to correct your shareholding, at our expense, without reference to you, if we discover we have made an error, and will notify you (where relevant) of any correction made. In the event that we make an error on your shareholding and realise a financial gain in putting your shareholding back in the correct position we will be entitled to retain this.

The extent of our liability. 18.1 We will not be responsible for any losses or expenses you incur under this agreement, unless caused by our breaching FCA Rules, or our fraud, wilful default or negligence. Even in the event of our wilful default or negligence, we will not be liable for any loss attributable to a failure by you to let us know about address or name changes, other changes in personal details, or bankruptcy, or any problem or defect in your ownership or title to the CDIs (unless caused by us). 18.2 Neither we nor NomineeCo act as agent for the Company or accept any responsibility for anything the Company does or does not do. 18.3 Neither we nor NomineeCo will be responsible for: ⚫  acting in accordance with a court order (of whatever jurisdiction) or failing to act in accordance with a court order about which we have not been notified; ⚫  forged or fraudulent instructions. So long as we have shown all due care, we will be entitled to assume: - that signatures that purport to be yours are genuine; and - if we have agreed to accept a particular instruction over the phone or by email, that the caller’s or emailer’s identity is genuine – unless it ought to be obvious to anyone that it is not. ⚫  any kind of loss or damage you suffer in the event of ‘force majeure’ – meaning any failure, interruption or delay in the performance of our obligations because of: - industrial disputes; - the malfunction or failure of any telecommunications or computer service, or CREST; - the failure of third parties to carry out their obligations; - the activities of government or international authorities, including changes in law or regulations; and/or - any other event or circumstance not within our reasonable control provided, where relevant, that we have complied with the FCA Rules on business continuity. If this type of situation arises, however, we will remedy the situation as soon as reasonably possible. ⚫  any indirect, special or consequential loss (including direct or indirect loss of profit),other than where this results from fraud or a breach of the Conduct of Business Sourcebook or Client Assets Sourcebook in the FCA Rules on our part. 18.4 We and NomineeCo reserve the right to delay acting on any particular instruction you give us, in order that we can get additional information from you, and/or comply with any law or regulations, and/or investigate the validity or any other aspect of the instruction. Neither we nor NomineeCo will be responsible for any financial loss resulting from such a delay. 18.5 Neither we nor NomineeCo will be responsible in any way to anyone for any shortfall that might arise because we are accountable for tax on any of the CDIs, or any part of the CDIs, or on any income or capital distribution or other payment they produce, or from any sale proceeds. In order to comply with any tax liabilities of this kind that might arise, we will be entitled to recover the money by making deductions from the income arising from your CDIs, or by selling any or all of the CDIs and making deductions from the proceeds. 18.6 We and NomineeCo will be entitled to make any agreement with, or give any undertakings to, any tax authority as regards the taxation status of the transactions made under this agreement, and do everything necessary to abide by any such agreement or undertakings. 18.7 We and NomineeCo may do, or stop doing, anything that, in our reasonable opinion, is necessary in order to comply with any laws, rules, regulations or the requirements of any regulatory or other body that are binding on us. 18.8 We reserve the right to correct your shareholding, at our expense, without reference to you, if we discover we have made an error, and will notify you (where relevant) of any correction made. In the event that we make an error on your shareholding and realise a financial gain in putting your shareholding back in the correct position we will be entitled to retain this.

The extent of our liability. 18.1 16.1 We will not be responsible for any losses or expenses you incur under this agreement, unless caused by our breaching FCA Rules, or our fraud, wilful default or negligence. Even in the event of our wilful default or negligence, we will not be liable for any loss attributable to a failure by you to let us know about address or name changes, other changes in personal details, or bankruptcy, or any problem or defect in your ownership or title to the CDIs shares (unless caused by us). 18.2 Neither we nor NomineeCo 16.2 We do not act as agent for the Company or accept any responsibility for anything the Company does or does not do. 18.3 Neither we nor NomineeCo 16.3 We will not be responsible for: ⚫  anything done or not done by the Company named in this document;  acting in accordance with a court order (of whatever jurisdiction) or failing to act in accordance with a court order about which we have not been notified; ⚫  forged or fraudulent instructions. So long as we have shown all due care, we will be entitled to assume: - that signatures that purport to be yours are genuine; and - if we have agreed to accept a particular instruction over the phone or by email, that the caller’s or emailer’s identity is genuine – unless it ought to be obvious to anyone that it is not. ⚫  any kind of loss or damage you suffer in the event of ‘force majeure’ – meaning any failure, interruption or delay in the performance of our obligations because of: - industrial disputes; - the malfunction or failure of any telecommunications or computer service, or CREST; - the failure of third parties to carry out their obligations; - the activities of government or international authorities, including changes in law or regulations; and/or - any other event or circumstance not within our reasonable control provided, where relevant, that we have complied with the FCA Rules on business continuity. If this type of situation arises, however, we will remedy the situation as soon as reasonably possible. ⚫  any indirectdirect, special or consequential loss (including direct or indirect loss of profit),other profit), other than where this results from fraud or a breach of the Conduct of Business Sourcebook (COBS) or Client Assets Sourcebook (CASS) in the FCA Rules on our part. 18.4 16.4 We and NomineeCo reserve the right to delay acting on any particular instruction you give to us, in order that we can can:  get additional information from you, and/or ;  comply with any law or regulations, ; and/or  investigate the validity or any other aspect of the instruction. Neither we nor NomineeCo We will not be responsible for any financial loss resulting from such a delay. 18.5 Neither we nor NomineeCo will be responsible in any way to anyone for any shortfall that might arise because we are accountable for tax on any of the CDIs, or any part of the CDIs, or on any income or capital distribution or other payment they produce, or from any sale proceeds. In order to comply with any tax liabilities of this kind that might arise, we will be entitled to recover the money by making deductions from the income arising from your CDIs, or by selling any or all of the CDIs and making deductions from the proceeds. 18.6 16.5 We and NomineeCo will be entitled to make any agreement with, or give any undertakings to, any tax authority as regards the taxation status of the transactions made under this agreement, and do everything necessary to abide by any such agreement or undertakings. 18.7 We and NomineeCo may do, or stop doing, anything that, in our reasonable opinion, is necessary in order to comply with any laws, rules, regulations or the requirements of any regulatory or other body that are binding on us. 18.8 16.6 We reserve the right to correct your shareholding, at our expense, without reference to you, if we discover we have made an error, and will notify you (where relevant) of any correction made. In the event that we make an error on your shareholding and realise a financial gain in putting your shareholding back in the correct position we will be entitled to retain this.

The extent of our liability. 18.1 We will not be responsible for any losses or expenses you incur under this agreement, unless caused by our breaching FCA Rules, or our error, fraud, wilful default or negligence. Even in the event of our wilful default or negligence, we will not be liable for any loss attributable to a failure by you to let us know about address or name changes, other changes in personal details, or bankruptcy, or any problem or defect in your ownership or title to the CDIs shares (unless caused by us). 18.2 Neither we nor NomineeCo act as agent for the Company or accept any responsibility for anything the Company does or does not do. 18.3 Neither we nor NomineeCo will be responsible for: ⚫ ● acting in accordance with a court order (of whatever jurisdiction) or failing to act in accordance with a court order about which we have not been notified; ⚫ ● forged or fraudulent instructions. So long as we have shown all due care, we will be entitled to assume: - that signatures that purport to be yours are genuine; and - if we have agreed to accept a particular instruction over the phone or by email, that the caller’s or emailer’s identity is genuine – unless it ought to be obvious to anyone that it is not. ⚫ ● any kind of loss or damage you suffer in the event of ‘force majeure’ – meaning any failure, interruption or delay in the performance of our obligations because of: - industrial disputes; - the malfunction or failure of any telecommunications or computer service, or CREST; - the failure of third parties to carry out their obligations; - the activities of government or international authorities, including changes in law or regulations; and/or - any other event or circumstance not within our reasonable control provided, where relevant, that we have complied with the FCA Rules on business continuity. If this type of situation arises, however, we will remedy the situation as soon as reasonably possible. ⚫ ● any indirect, special or consequential loss (including direct or indirect loss of profit),other than where this results from fraud or a breach of the Conduct of Business Sourcebook or Client Assets Sourcebook in the FCA Rules on our part. 18.4 We and NomineeCo reserve the right to delay acting on any particular instruction you give us, in order that we can get additional information from you, and/or comply with any law or regulations, and/or investigate the validity or any other aspect of the instruction. Neither we nor NomineeCo will be responsible for any financial loss resulting from such a delay. 18.5 Neither we nor NomineeCo will be responsible in any way to anyone for any shortfall that might arise because we are accountable for tax on any of the CDIsshares, or any part of the CDIsshares, or on any income or capital distribution or other payment they produce, or from any sale proceeds. In order to comply with any tax liabilities of this kind that might arise, we will be entitled to recover the money by making deductions from the income arising from your CDIsshares, or by selling any or all of the CDIs shares and making deductions from the proceeds. 18.6 We and NomineeCo will be entitled to make any agreement with, or give any undertakings to, any tax authority as regards the taxation status of the transactions made under this agreement, and do everything necessary to abide by any such agreement or undertakings. 18.7 We and NomineeCo may do, or stop doing, anything that, in our reasonable opinion, is necessary in order to comply with any laws, rules, regulations or the requirements of any regulatory or other body that are binding on us. 18.8 We reserve the right to correct your shareholding, at our expense, without reference to you, if we discover we have made an error, and will notify you (where relevant) of any correction made. In the event that we make an error on your shareholding and realise a financial gain in putting your shareholding back in the correct position we will be entitled to retain this.

The extent of our liability. 18.1 We will not be responsible for any losses or expenses you incur under this agreement, unless caused by our breaching FCA Rules, or our fraud, wilful default or negligence. Even in the event of our wilful default or negligence, we will not be liable for any loss attributable to a failure by you to let us know about address or name changes, other changes in personal details, or bankruptcy, or any problem or defect in your ownership or title to the CDIs shares (unless caused by us). 18.2 Neither we nor NomineeCo act as agent for the Company or accept any responsibility for anything the Company does or does not do. 18.3 Neither we nor NomineeCo will be responsible for: ⚫ acting in accordance with a court order (of whatever jurisdiction) or failing to act in accordance with a court order about which we have not been notified; ⚫ forged or fraudulent instructions. So long as we have shown all due care, we will be entitled to assume: - that signatures that purport to be yours are genuine; and - if we have agreed to accept a particular instruction over the phone or by email, that the caller’s or emailer’s identity is genuine – unless it ought to be obvious to anyone that it is not. ⚫ any kind of loss or damage you suffer in the event of ‘force majeure’ – meaning any failure, interruption or delay in the performance of our obligations because of: - industrial disputes; - the malfunction or failure of any telecommunications or computer service, or CREST; - the failure of third parties to carry out their obligations; - the activities of government or international authorities, including changes in law or regulations; and/or - any other event or circumstance not within our reasonable control provided, where relevant, that we have complied with the FCA Rules on business continuity. If this type of situation arises, however, we will remedy the situation as soon as reasonably possible. ⚫ any indirect, special or consequential loss (including direct or indirect loss of profit),other than where this results from fraud or a breach of the Conduct of Business Sourcebook or Client Assets Sourcebook in the FCA Rules on our part. 18.4 We and NomineeCo reserve the right to delay acting on any particular instruction you give us, in order that we can get additional information from you, and/or comply with any law or regulations, and/or investigate the validity or any other aspect of the instruction. Neither we nor NomineeCo will be responsible for any financial loss resulting from such a delay. 18.5 Neither we nor NomineeCo will be responsible in any way to anyone for any shortfall that might arise because we are accountable for tax on any of the CDIsshares, or any part of the CDIsshares, or on any income or capital distribution or other payment they produce, or from any sale proceeds. In order to comply with any tax liabilities of this kind that might arise, we will be entitled to recover the money by making deductions from the income arising from your CDIsshares, or by selling any or all of the CDIs shares and making deductions from the proceeds. 18.6 We and NomineeCo will be entitled to make any agreement with, or give any undertakings to, any tax authority as regards the taxation status of the transactions made under this agreement, and do everything necessary to abide by any such agreement or undertakings. 18.7 We and NomineeCo may do, or stop doing, anything that, in our reasonable opinion, is necessary in order to comply with any laws, rules, regulations or the requirements of any regulatory or other body that are binding on us. 18.8 We reserve the right to correct your shareholding, at our expense, without reference to you, if we discover we have made an error, and will notify you (where relevant) of any correction made. In the event that we make an error on your shareholding and realise a financial gain in putting your shareholding back in the correct position we will be entitled to retain this.

The extent of our liability. 18.1 We will not be responsible for any losses or expenses you incur under this agreement, unless caused by our breaching FCA Rules, or our fraud, wilful default or negligence. Even in the event of our wilful default or negligence, we will not be liable for any loss attributable to a failure by you to let us know about address or name changes, other changes in personal details, or bankruptcy, or any problem or defect in your ownership or title to the CDIs shares (unless caused by us). 18.2 Neither we nor NomineeCo act as agent for the Company or accept any responsibility for anything the Company does or does not do. 18.3 Neither we nor NomineeCo will be responsible for: ⚫ acting in accordance with a court order (of whatever jurisdiction) or failing to act in accordance with a court order about which we have not been notified; ⚫ forged or fraudulent instructions. So long as we have shown all due care, we will be entitled to assume: - that signatures that purport to be yours are genuine; and - if we have agreed to accept a particular instruction over the phone or by email, that the caller’s or emailer’s identity is genuine – unless it ought to be obvious to anyone that it is not. ⚫ any kind of loss or damage you suffer in the event of ‘force majeure’ – meaning any failure, interruption or delay in the performance of our obligations because of: - industrial disputes; - the malfunction or failure of any telecommunications or computer service, or CREST; - the failure of third parties to carry out their obligations; - the activities of government or international authorities, including changes in law or regulations; and/or - any other event or circumstance not within our reasonable control provided, where relevant, that we have complied with the FCA Rules on business continuity. If this type of situation arises, however, we will remedy the situation as soon as reasonably possible. ⚫ any indirect, special or consequential loss (including direct or indirect loss of profit),other than where this results from fraud or a breach of the Conduct of Business Sourcebook or Client Assets Sourcebook in the FCA Rules on our part. 18.4 We and NomineeCo reserve the right to delay acting on any particular instruction you give us, in order that we can get additional information from you, and/or comply with any law or regulations, and/or investigate the validity or any other aspect of the instruction. Neither we nor NomineeCo will be responsible for any financial loss resulting from such a delay. 18.5 Neither we nor NomineeCo will be responsible in any way to anyone for any shortfall that might arise because we are accountable for tax on any of the CDIsshares, or any part of the CDIsshares, or on any income or capital distribution or other payment they produce, or from any sale proceeds. In order to comply with any tax liabilities of this kind that might arise, we will be entitled to recover the money by making deductions from the income arising from your CDIsshares, or by selling any or all of the CDIs shares and making deductions from the proceeds. 18.6 We and NomineeCo will be entitled to make any agreement with, or give any undertakings to, any tax authority as regards the taxation status of the transactions made under this agreement, and do everything necessary to abide by any such agreement or undertakings. 18.7 We and NomineeCo may do, or stop doing, anything that, in our reasonable opinion, is necessary in order to comply with any laws, rules, regulations or the requirements of any regulatory or other body that are binding on us. 18.8 We reserve the right to correct your shareholding, at our expense, without reference to you, if we discover we have made an error, and will notify you (where relevant) of any correction made. In the event that we make an error on your shareholding and realise a financial gain in putting your shareholding back in the correct position we will be entitled to retain this.