DEALING OR USAGE OF TRADE Clause Samples

DEALING OR USAGE OF TRADE. The Parties further acknowledge and agree that Anchorage has no obligation to inquire into, and shall not be liable for any damages or other liabilities or harm to any person or entity relating to: (i) the authority of any Authorized Person to act on behalf of the Client with respect to a Digital Asset; (ii) the accuracy or completeness of any Client Data or information provided by Client or any Authorized Person with respect to a Digital Asset or Direction; or (iv) the collectability, insurability, or suitability of any Digital Asset.

DEALING OR USAGE OF TRADE. In no event shall Transferor be liable for any damages including, but not limited to, special, direct, indirect, or consequential damages arising out of, or in connection with, the use or performance of the facilities. Any description of the facilities contained in this Agreement is for the sole purpose of identifying the facilities, is not part of the basis of the bargain, does not constitute a warranty that the facilities shall conform to that description, and does ot constitute a warranty that the facilities will be fit for a particular purpose. No affirmation of fact or promise made by Transferor not contained in this agreement shall constitute a warranty that the facilities will conform to the affirmation or promise.

DEALING OR USAGE OF TRADE. The Parties further acknowledge and agree that Anchorage has no obligation to inquire into: (i) the ownership, validity or genuineness of any Digital Asset; (ii) the authority of any Authorized Person to act on behalf of the Client with respect to a Digital Asset; (iii) the accuracy or completeness of any Client Data or information provided by Client or any Authorized Person with respect to a Digital Asset or Direction, provided that it is the most recent such information provided; or (iv) the collectability, insurability effectiveness, marketability or suitability of any Digital Asset.

DEALING OR USAGE OF TRADE. The Parties further acknowledge and agree that Anchorage has no obligation to inquire into, and shall not be liable for any damages or other liabilities or harm to any person or entity relating to: (i) the ownership, validity or genuineness of any Digital Asset; (ii) the authority of any Authorized Person to act on behalf of the Client with respect to a Digital Asset; (iii) the accuracy or completeness of any Client Data or information provided by Client or any Authorized Person with respect to a Digital Asset or Direction; or (iv) the collectability, insurability, effectiveness, marketability or suitability of any Digital Asset. Client additionally understands and agrees that Anchorage will follow the Directions from Client, is considered by this Agreement to be an “excluded fiduciary” under SDCL 55-1B-2 and shall be released and held harmless for following the Directions from Client, who is considered by the Agreement to be a Trust Advisor (in its capacity as a custody account holder) under SDCL 55-1B-1(3).

DEALING OR USAGE OF TRADE. The Parties mutually agree and acknowledge that the Study is a research study, and that neither Party makes any representation, promise or warranty as to the outcome of the Study, such as any particular Study Results, including without limitation any particular Study Efficacy Data or Study Safety Data.