VERIFICATION OF IDENTITY OF CLIENT. 10.1 Computershare shall use reasonable endeavours to verify the identity of the Client in terms of section 21 of FICA. 10.2 The Client agrees that Computershare will not be held liable by reason of having accepted as valid any documents of any kind which are forged, not authentic or are untrue, if despite taking reasonable steps to verify the identity of the Client, the document or identity of the Client is accepted and is subsequently shown to be invalid or incorrect. 10.3 The Client acknowledges and agrees that the verification process is a requirement in terms of FICA and that Computershare shall not be liable for the delays that may be caused as a result of the verification process. The Client accepts risk including the risk of change in the share price during the verification process. Computershare reserves the right to delay taking action on a particular instruction if any further information is required from the Client in order to comply with any legal or regulatory requirements (including FICA), or to investigate any concerns as to the validity or any other matter relating to the instruction. 10.4 The Client hereby indemnifies and agrees to hold Computershare harmless against all liability, costs, expense or damage incurred by Computershare or its agents or nominees arising (whether directly or indirectly) as a result of or in connection with Computershare acting on any forged, fabricated or other inaccurate, invalid or unauthorised documents (including identity document) or instruction received by it in connection with the performance of Computershare’s obligations in terms of this Agreement, except to the extent that such liability, cost, expense or damage arises as a result of Computershare’s failure to comply with the provisions of clauses 10.1 and 10.2 of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, save for clause 4 of this Agreement, in the event of any conflict between the provisions of this clause and any other clause of this Agreement the provisions of this clause shall prevail. 10.5 The Client hereby irrevocably indemnifies Computershare and holds it harmless from any loss, damages or claim of whatsoever nature arising as a result of Computershare acting on Electronic Communication or telephonic instructions received from the Client or a duly authorised agent. 10.6 Computershare may verify information against any independent third party database for verification or security purposes if required.
Appears in 9 contracts
Samples: Custody and Settlement Agreement, Custody and Settlement Agreement, Custody and Settlement Agreement
VERIFICATION OF IDENTITY OF CLIENT. 10.1 Computershare shall use reasonable endeavours to verify the identity of the Client in terms of section 21 of FICA.
10.2 The Client agrees that Computershare will not be held liable by reason of having accepted as valid any documents of any kind which are forged, not authentic or are untrue, if despite taking reasonable steps to verify the identity of the Client, the document or identity of the Client is accepted and is subsequently shown to be invalid or incorrect.
10.3 The Client acknowledges and agrees that the verification process is a requirement in terms of FICA and that Computershare shall not be liable for the delays that may be caused as a result of the verification process. The Client accepts risk including the risk of change in the share price during the verification process. Computershare reserves the right to delay taking action on a particular instruction if any further information is required from the Client in order to comply with any legal or regulatory requirements (including FICA), or to investigate any concerns as to the validity or any other matter relating to the instruction.
10.4 The Client hereby indemnifies and agrees to hold Computershare harmless against all liability, costs, expense or damage incurred by Computershare or its agents or nominees arising (whether directly or indirectly) as a result of or in connection with Computershare acting on any forged, fabricated or other inaccurate, invalid or unauthorised documents (including identity document) or instruction received by it in connection with the performance of Computershare’s obligations in terms of this Agreementagreement, except to the extent that such liability, cost, expense or damage arises as a result of Computershare’s failure to comply with the provisions of clauses 10.1 and 10.2 of this Agreementagreement. Notwithstanding anything to the contrary contained in this Agreement, agreement save for clause 4 of this Agreementagreement, in the event of any conflict between the provisions of this clause and any other clause of this Agreement agreement the provisions of this clause shall prevail.
10.5 The Client hereby irrevocably indemnifies Computershare and holds it harmless from any loss, damages or claim of whatsoever nature arising as a result of Computershare acting on Electronic Communication or telephonic instructions received from the Client or a duly authorised agent.
10.6 Computershare may verify information against any independent third party database for verification or security purposes if required.
Appears in 3 contracts
Samples: Custody and Settlement Agreement, Custody and Settlement Agreement, Custody and Settlement Agreement
VERIFICATION OF IDENTITY OF CLIENT. 10.1 Computershare shall use reasonable endeavours to verify the identity of the Client in terms of section 21 of FICA.
10.2 The Client agrees that Computershare will not be held liable by reason of having accepted as valid any documents of any kind which are forged, not authentic or are untrue, if despite taking reasonable steps to verify the identity of the Client, the document or identity of the Client is accepted and is subsequently shown to be invalid or incorrect.
10.3 The Client acknowledges and agrees that the verification process is a requirement in terms of FICA and that Computershare shall not be liable for the delays that may be caused as a result of the verification process. The Client accepts risk including the risk of change in the share price during the verification process. Computershare reserves the right to delay taking action on a particular instruction if any further information is required from the Client in order to comply with any legal or regulatory requirements (including FICA), or to investigate any concerns as to the validity or any other matter relating to the instruction.
10.4 The Client hereby indemnifies and agrees to hold Computershare harmless against all liability, costs, expense or damage incurred by Computershare or its agents or nominees arising (whether directly or indirectly) as a result of or in connection with Computershare acting on any forged, fabricated or other inaccurate, invalid or unauthorised documents (including identity document) or instruction received by it in connection with the performance of Computershare’s obligations in terms of this Agreement, except to the extent that such liability, cost, expense or damage arises as a result of Computershare’s failure to comply with the provisions of clauses 10.1 and 10.2 of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, save for clause 4 of this Agreement, in the event of any conflict between the provisions of this clause and any other clause of this Agreement the provisions of this clause shall prevail.
10.5 The Client hereby irrevocably indemnifies Computershare and holds it harmless from any loss, damages or claim of whatsoever nature arising as a result of Computershare acting on Electronic Communication or telephonic instructions received from the Client or a duly authorised agent.
10.6 Computershare may verify information against any independent third party database for verification or security purposes if required.
10.7 In carrying out its duties Computershare may screen, monitor or process in the rendering of any service to the Client including the processing of payments to and from the Client Trust Account/Cash Account. Computershare may also request the Client to provide information about payments to and from the Client Trust Account/Cash Account and to complete or update information and documents which the Client agrees to provide.
10.8 Computershare may also terminate its relationship with the Client without warning subject to clause 25 of this agreement. Computershare will not be responsible for any losses that the Client suffers arising out of these checks, delays or prohibitions or the right to terminate the relationship.
10.9 Computershare has the right to reject payment instructions that do not contain complete information and/or fail sanctioning body or internal screening. Computershare will not be liable for any losses as a result of such payment rejections and /or fund returns.
10.10 As at signature date, the Client or any Related Party confirms that it is not subject to any investigations by a sanctioning body, in the event that a sanctioning body commences any investigations in relation to the Client or any Related Party, the Client will inform Computershare as soon as possible. For purposes of this Agreement, “Related Parties” includes, the Client’s shareholders, ultimate beneficial owners, controllers, directors and authorised signatories;
Appears in 1 contract
Samples: Custody Agreement
VERIFICATION OF IDENTITY OF CLIENT. 10.1 Computershare shall use reasonable endeavours to verify the identity of the Client in terms of section 21 of FICA.
10.2 The Client agrees that Computershare will not be held liable by reason of having accepted as valid any documents of any kind which are forged, not authentic or are untrue, if despite taking reasonable steps to verify the identity of the Client, the document or identity of the Client is accepted and is subsequently shown to be invalid or incorrect.
10.3 The Client acknowledges and agrees that the verification process is a requirement in terms of FICA and that Computershare shall not be liable for the delays that may be caused as a result of the verification process. The Client accepts risk including the risk of change in the share price during the verification process. Computershare reserves the right to delay taking action on a particular instruction if any further information is required from the Client in order to comply with any legal or regulatory requirements (including FICA), or to investigate any concerns as to the validity or any other matter relating to the instruction.
10.4 The Client hereby indemnifies and agrees to hold Computershare harmless against all liability, costs, expense or damage incurred by Computershare or its agents or nominees arising (whether directly or indirectly) as a result of or in connection with Computershare acting on any forged, fabricated or other inaccurate, invalid or unauthorised documents (including identity document) or instruction received by it in connection with the performance of Computershare’s obligations in terms of this Agreement, except to the extent that such liability, cost, expense or damage arises as a result of Computershare’s failure to comply with the provisions of clauses 10.1 and 10.2 of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, save for clause 4 of this Agreementagreement, in the event of any conflict between the provisions of this clause and any other clause of this Agreement the provisions of this clause shall prevail.prevail.
10.5 The Client hereby irrevocably indemnifies Computershare and holds it harmless from any loss, damages or claim of whatsoever nature arising as a result of Computershare acting on Electronic Communication or telephonic instructions received from the Client or a duly authorised agent.
10.6 Computershare may verify information against any independent third party credit bureau’s database for verification or security purposes if required.
Appears in 1 contract
Samples: Custody and Settlement Agreement
VERIFICATION OF IDENTITY OF CLIENT. 10.1 Computershare shall use reasonable endeavours to verify the identity of the Client in terms of section 21 of FICA.
10.2 The Client agrees that Computershare will not be held liable by reason of having accepted as valid any documents of any kind which are forged, not authentic or are untrue, if despite taking reasonable steps to verify the identity of the Client, the document or identity of the Client is accepted and is subsequently shown to be invalid or incorrect.
10.3 The Client acknowledges and agrees that the verification process is a requirement in terms of FICA and that Computershare shall not be liable for the delays that may be caused as a result of the verification process. The Client accepts risk including the risk of change in the share price during the verification process. Computershare reserves the right to delay taking action on a particular instruction if any further information is required from the Client in order to comply with any legal or regulatory requirements (including FICA), or to investigate any concerns as to the validity or any other matter relating to the instruction.
10.4 The Client hereby indemnifies and agrees to hold Computershare harmless against all liability, costs, expense or damage incurred by Computershare or its agents or nominees arising (whether directly or indirectly) as a result of or in connection with Computershare acting on any forged, fabricated or other inaccurate, invalid or unauthorised documents (including identity document) or instruction received by it in connection with the performance of Computershare’s obligations in terms of this Agreement, except to the extent that such liability, cost, expense or damage arises as a result of Computershare’s failure to comply with the provisions of clauses 10.1 and 10.2 of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, save for clause 4 of this Agreement, in the event of any conflict between the provisions of this clause and any other clause of this Agreement the provisions of this clause shall prevail.
10.5 The Client hereby irrevocably indemnifies Computershare and holds it harmless from any loss, damages or claim of whatsoever nature arising as a result of Computershare acting on Electronic Communication or telephonic instructions received from the Client or a duly authorised agent.
10.6 Computershare may verify information against any independent third party database for verification or security purposes if required.
10.7 In carrying out its duties Computershare may screen, monitor or process in the rendering of any service to the Client including the processing of payments to and from the Client Trust Account. Computershare may also request the Client to provide information about payments to and from the Client Trust Accounts and to complete or update information and documents which the Client agrees to provide.
10.8 Computershare may also terminate its relationship with the Client without warning subject to clause 26 of this agreement. Computershare will not be responsible for any losses that the Client suffers arising out of these checks, delays or prohibitions or the right to terminate the relationship.
10.9 As at signature date, the Client or any Related Party confirms that it is not subject to any investigations by a Sanctioning Body, in the event that a Sanctioning Body commences any investigations in relation to the Client or any Related Party, the Client will inform Computershare as soon as possible.
Appears in 1 contract
Samples: Custody and Settlement Agreement