Liability and Indemnity. 13.1 The Company will use all reasonable endeavours to comply with and carry out Instructions given by the Customer and accepted by the Company concerning the Account or Transactions but neither the Company nor any of its directors, officers, employees or agents (save where it has been established that they or any of them have acted fraudulently or in wilful default) shall have any liability whatsoever (whether in contract, tort or otherwise) for any loss, expenses or damages suffered by the Customer as a result of:
(i) any inability, failure or delay on the part of the Company to comply with or carry out any such instruction or any ambiguity or defect in any such Instruction; or
(ii) the Company in good faith acting or relying on any Instruction given by the Customer, whether or not such instruction was given following any recommendation, advice or opinion given by the Company or any Associate or by any of its or their directors, officers, employees or agents; or
(iii) the Company failing to perform its obligations hereunder by reason of any cause beyond its control, including any governmental or regulatory restriction, closure of or ruling by any Exchange (or any division thereof), suspension of trading, breakdown or failure of transmission or communication or computer facilities, postal or other strikes or similar industrial action, or the failure of any Exchange, Clearing House, Correspondent Agent or other person to perform its obligations; or
(iv) any Exchange, Clearing House, Correspondent Agent or other person ceasing for any reason to recognize the existence or validity of Transactions entered into by the Company on behalf of the Customer, or failing to perform or close out any such contract provided that such cessation or failure shall not affect the Customer’s obligations hereunder in respect of any such contracts or other obligations or liabilities of the Customer arising therefrom; or
(v) the mis-understanding or mis-interpretation of any Instruction given or placed verbally or electronically, or delays or errors in transmission owing to electronic traffic congestion or any other causes, or any mechanical failure, malfunction, suspension or termination of the continued operation or availability and mechanical failure or inadequacy of the Company’s telephone or telecommunication system or installation in connection with the receipt and processing of Instructions transmitted by telecommunication devices and all other related equipment, facilitie...
Liability and Indemnity. 15.1. If a claim is made against PERI under its producer's liability on account of a defect in a Deliverable, then the Supplier must indemnify PERI against all liabilities, costs, expenses, damages or losses incurred by PERI in connection with and for such claim,
15.2. If a claim is made by a third party against PERI for infringing commercial or intellectual property rights and/or patent rights in respect of items supplied by the Supplier, then the Supplier must indemnify PERI against all liabilities, costs, expenses, damages or losses incurred by PERI in connection with and for such claim.
15.3. Further, PERI shall only be liable according to the statutory provisions.
Liability and Indemnity. 8.1 Neither the Investment Manager and any Associate nor any of their officers, employees or agents, shall be liable for any error of fact or judgment or for any action taken or omitted to be taken unless to the extent that such error, action or omission arises as a direct result of the wilful default or gross negligence of the Investment Manager, Associate, or such officer, employee or agent.
8.2 Without prejudice to Clause 8.1, no representation or warranty is given by the Investment Manager as to the performance or profitability of any Investment purchased by the Investment Manager on behalf of the Client and neither the Investment Manager, nor any of its Associates, officers, employees or agents will in any circumstances be liable for any loss of opportunity whereby the value of the Investment Assets could have been increased or for any decline in such value. The Investment Manager does not guarantee that the Investment Assets or any part of it will not be affected by adverse tax consequences and the Client shall consult its own tax consultant for any advice on its tax affairs.
8.3 The Investment Manager shall not be responsible for any default of the Broker, any counterparty, bank, custodian or any party which holds Investment or title documents for the Client or with or through whom transactions on behalf of the Client are conducted in respect of the Investment Assets.
8.4 The Client shall indemnify the Investment Manager and its Associates, officers, employees and agents against all liabilities, losses, charges, demands, proceedings, costs and expenses which they may suffer, pay or incur as a result of or in connection with the performance by them in good faith of any of their obligations or the management of the Investment Assets hereunder unless due to their respective wilful default or gross negligence. The Investment Manager shall not be obliged to take any action on behalf of the Client unless the Investment Manager shall be satisfied that the Client has fully indemnified or secured the Investment Manager in respect of all costs and liabilities which may be incurred or suffered by the Investment Manager as a result of taking any such action.
8.5 Notwithstanding any other provisions of this Agreement, the Investment Manager shall not be responsible for any loss or expense suffered or incurred by the Client arising from any delay, failure or inability of the Investment Manager to discharge any of its obligations or liabilities under this Agreemen...
Liability and Indemnity. WLSL will use all reasonable endeavours to comply with and carry out Instructions given by the Client and accepted by WLSL concerning the Account or Transactions but to the extent permitted by applicable law neither WLSL nor any of its directors, employees or agents (save where it has been established that they or any of them have acted fraudulently or in wilful default or are grossly negligent) shall have any liability whatsoever (whether in contract, tort or otherwise) for any loss, expenses or damages suffered by the Client as a result of:
Liability and Indemnity. 16.1 You acknowledge and agree that any action which we may take or omit to take in connection with the Account, the Services or any Instructions will be solely for your account and risk. Neither Zhongcai, its Affiliates or their respective directors, officers, employees and permitted delegates will be liable for any Loss which you may incur or suffer under the Account Agreement, except to the extent that such Loss is the direct result of any act or omission taken or omitted by us under the Account Agreement which constitutes negligence, wilful default or fraud.
16.2 We will not be liable in any circumstances for any Loss that constitutes indirect, special or consequential loss, or loss of profits, opportunity, goodwill or reputation in connection with or arising out of the Account Agreement.
16.3 You agree to hold harmless, fully indemnify and keep indemnified, Zhongcai, its Affiliates and their respective directors, officers, employees and permitted delegates against any and all Losses which may be paid, suffered or incurred by any of them in connection with the Account(s), the Services or any Instructions, except to the extent that such Losses result directly from our wilful default, fraud or negligence.