Common use of Without prejudice to the foregoing Clause in Contracts

Without prejudice to the foregoing. (i) The Exchange is not responsible for procuring the Issuers to comply, and does not warrant that the Issuers shall comply or have complied with, the Exchange Requirements, the applicable token terms and conditions and/or the related documents; (ii) The Exchange makes no representation, warranty or endorsement and undertakes no liability or responsibility with respect to the following: (a) no condition is made or to be implied nor is any warranty given or to be implied as to the sale, purchase, trading, holding, use and/or fulfillment of the Security Tokens and/or the quantity, quality, safety, legality, reliability and description of the Issuer, Security Tokens and the assets represented by the Security Token (as the case may be); and (b) the authenticity, validity or accuracy of any document or instrument given, issued, delivered, submitted or lodged by any Issuer at any time. Unless otherwise expressly stated, the Exchange merely acts as a conduit for the onward transmission of documents or instruments between the Issuers and the Members, and merely performs the role of operating the Trading System, and shall not be liable or responsible in any way for any negligence, misconduct, fraud, wilful default or any other default, wrongdoing or breach of duty of any Issuer or any Member; and (iii) The Exchange shall not be liable for any losses suffered or incurred by any Member or any other person arising out of or in connection with any act, inaction, omission, fraud, negligence or insolvency of any Issuer, including any breach or failure to comply with the applicable token terms and conditions.

Without prejudice to the foregoing. (i) The Exchange is not responsible for procuring the Issuers to comply, and does not warrant that the Issuers shall comply or have complied with, the Exchange Requirements, the applicable token terms and conditions and/or the related documents; (ii) The Exchange makes no representation, warranty or endorsement and undertakes no liability or responsibility with respect to the following: (a) no condition is made or to be implied nor is any warranty given or to be implied as to the sale, purchase, trading, holding, use and/or fulfillment of the Security Tokens and/or the quantity, quality, safety, legality, reliability and description of the Issuer, Security Tokens and the assets represented by the Security Token (as the case may be); and (b) the authenticity, validity or accuracy of any document or instrument given, issued, delivered, submitted or lodged by any Issuer at any time. Unless otherwise expressly stated, the Exchange merely acts as a conduit for the onward transmission of documents or instruments between the Issuers and the Members, and merely performs the role of operating the Trading System, and shall not be liable or responsible in any way for any negligence, misconduct, fraud, wilful default or any other default, wrongdoing or breach of duty of any Issuer or any Member; and (iii) The Exchange shall not be liable for any losses suffered or incurred by any Member or any other person arising out of or in connection with any act, inaction, omission, fraud, negligence or insolvency of any Issuer, including any breach or failure to comply with the applicable token terms and conditions.