Common use of Indemnity and Limitation of Liability Clause in Contracts

Indemnity and Limitation of Liability. You hereby agree to hold Wealthsimple, its directors, officers, shareholders, employees and agents harmless and to release such parties from any and all damages, actions, causes of action, debits, charges, expenses, or other losses arising out of the operation of the Accounts, except for any losses, costs or damage arising out of or in connection with Wealthsimple’s breach of the Standard of Care and you further agree to indemnify such parties and hold them harmless for all damages, actions, causes of actions, causes of action, debits, charges, expenses, or other losses arising out of or in connection with your illegal or fraudulent use of the Accounts. Neither Wealthsimple, its directors, officers, shareholders, employees and agents will have any liability arising during the term of this Agreement for any claims for direct damages to you for errors or omissions that occur in the course of, arise from, or which are related to, transactions by us for your Wealthsimple Account, unless such errors or omissions are caused by the failure of Wealthsimple to meet the Standard of Care. Neither the Portfolio Manager, its directors, officers, shareholders, employees and agents will have any liability to you in any circumstances for any indirect, consequential, special or punitive damages. You acknowledge that your investment objectives, stated in an Investor Policy Statement are to be considered only as goals, and while Wealthsimple will invest Account Assets only in those securities which, in its judgment, are suitable for an Account considering (among other things) such objectives, the Portfolio Manager does not guarantee the results of any investment and will not be responsible in the event that some or all of such investment objectives are not realized. Disclosure regarding investment risk is described in the Investment Risk Disclosure section of Wealthsimple’s website which is available here: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/en-ca/legal/disclosure. You acknowledge that you have read and understand such disclosure. If the Account Assets are only a portion of your total assets, we will not be responsible for (a) any of your assets outside of the Account Assets; or (b) diversifying all of your assets.

Appears in 2 contracts

Sources: Discretionary Management Agreement, Discretionary Management Agreement

Indemnity and Limitation of Liability. You 12.1 In consideration of a separate and specific consideration of Ten ($10.00) Dollars and other good and valuable consideration the receipt and sufficiency of which are hereby agree to acknowledged, Concessionaire shall indemnify, hold Wealthsimpleharmless and defend the City, its directors, officers, shareholdersemployees, employees contractors, agents or servants from and agents harmless and to release such parties from against any and all damagesclaim, actions, causes demand or cause of action, debits, charges, expenses, action of whatsoever kind or other losses nature arising out of the operation of the Accounts, except for any losses, costs or damage arising out of (1) wholly or in connection with Wealthsimplepart from the negligent acts, errors, omissions or other misconduct of Concessionaire, its officers, director, members, employees, agents, contractors, subcontractors, or any other person or entity acting under Concessionaire’s control or supervision; (2) Concessionaire’s breach of the Standard terms of Care this Agreement or its representations and you further agree warranties herein; (3) the use of the Concession Area; or (4) in the event of any lawsuit, action or proceeding challenging the validity, execution or effectiveness of the Concession Agreement, any tort or other claim related to indemnify such parties and hold them harmless for all damages, actions, causes any of actions, causes of action, debits, charges, expensesthe foregoing, or any such challenge relating to any approval required under the County Charter, City Code and/or the City Charter (“Lawsuit”). Concessionaire shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys’ fees expended by the City in the defense of such claims and losses, including appeals. 12.2 In addition, and in consideration of a separate and specific consideration of Ten ($10.00) Dollars and other losses good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Concessionaire shall indemnify, hold harmless and defend the City, its officers, employees, contractors, agents or servants from and against any claim, demand or cause of action of whatever kind or nature arising out of any misconduct of Concessionaire, its officers, employees, contractors, subconcessionaire(s), agents or servants not included in connection with your illegal Subsection 12.1 herein and for which the City, its officers, employees, contractors, subconcessionaire(s), agents or fraudulent use servants are alleged to be liable. 12.3 Subsections 12.1 and 12.2 shall survive the termination or expiration of this Agreement. Subsections 12.1 and 12.2 shall not apply, however, to any such liability, that arises as a result of the Accounts. Neither Wealthsimplewillful misconduct or gross negligence of the City, its directors, officers, shareholdersemployees, employees and contractors, agents will have any liability arising during the term of this Agreement for any claims for direct damages to you for errors or omissions that occur in the course of, arise from, or which are related to, transactions by us for your Wealthsimple Account, unless such errors or omissions are caused by the failure of Wealthsimple to meet the Standard of Care. Neither the Portfolio Manager, its directors, officers, shareholders, employees and agents will have any liability to you in any circumstances for any indirect, consequential, special or punitive damages. You acknowledge that your investment objectives, stated in an Investor Policy Statement are to be considered only as goals, and while Wealthsimple will invest Account Assets only in those securities which, in its judgment, are suitable for an Account considering (among other things) such objectives, the Portfolio Manager does not guarantee the results of any investment and will not be responsible in the event that some or all of such investment objectives are not realized. Disclosure regarding investment risk is described in the Investment Risk Disclosure section of Wealthsimple’s website which is available here: ▇▇▇▇▇://▇▇▇servants.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/en-ca/legal/disclosure. You acknowledge that you have read and understand such disclosure. If the Account Assets are only a portion of your total assets, we will not be responsible for (a) any of your assets outside of the Account Assets; or (b) diversifying all of your assets.

Appears in 2 contracts

Sources: Concession Agreement, Concession Agreement

Indemnity and Limitation of Liability. You 13.1. The Company shall not be liable to the Partner with respect to any subject matter of this Agreement under any contract, negligence, tort, strict liability, or other legal or equitable principle for any indirect, incidental, consequential, special, general, exemplary damages, proceedings, costs, damages, expenses (including legal fees), willful default, fraud or breach of its obligation under this Agreement (including without limitation, loss of revenue or goodwill, or anticipated profits or lost business) even if the Company have been advised of the possibility of such damages and the Company may deduct any amount to indemnify the Company and/or its affiliated entities from any outstanding Partner Commission. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall the Company’s cumulative liability to the Partner arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to the Partner under this Agreement. 13.2. The Company makes no express or implied representations or warranties regarding the Company’s Services and Website or the products or services provided therein, any implied warranties of the Company ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, the Company make no representation that the operation of the Company’s Website shall be uninterrupted or error free, and we shall not be liable for the consequences of any interruptions or errors. 13.3. The Partner hereby agree agrees to indemnify and hold Wealthsimpleharmless the Company, its their Affiliated Entities and, directors, officers, employees, agents, shareholders, employees members, and agents harmless and to release such parties from other owners, against any and all damagesclaims, actions, causes demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of actionthe foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of the breach of the Terms and Conditions of the present Agreement and/or any Operational Agreements and/or are based on any claim of: a) the Company’s use of the Partner trademarks infringes on any trademark, debitstrade name, chargesbrand name, expensesservice mark, copyright, license, intellectual property, or other losses arising out proprietary right of any third party; b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Partner herein; or c) any claim related to the Partner’s site, including, without limitation, content therein not attributable to the Company. 13.4. Upon notice from the Company, the Partner will promptly pay to the Company any amount owed to the Company under this paragraph. If the Partner fails to make such payment, the Company, by action of an officer, will be entitled to collect any such amount by any available means, including but not be limited to charging any proprietary account of the operation Partner or offsetting any amount owed to the Partner by the Company. The Company is authorized to transfer, use, apply, sell, re-hypothecate or draw upon, as the case may be, any of the Accountsfunds, except for securities or property in any losses, costs or damage arising out of or in connection with Wealthsimple’s breach proprietary account of the Standard Partner whenever the Company deems it necessary to pay or satisfy amounts owed to it under this Agreement or any other agreement with the Partner. Further, the Company is authorized to withhold all commissions earned and payable to the Partner to the extent of Care any deficits in any and you all accounts that the Partner has introduced to the Company. The rights described in this paragraph are in addition to all other rights and remedies available to the Company under this Agreement. 13.5. The Affiliate further agree to indemnify such parties and hold them harmless for all damagesagrees that, actionsif any person or entity has instituted a claim, causes of actionssuit, causes of action, debits, charges, expensesarbitration or other proceeding against the Company and/or any Affiliated Entities, or other losses arising out of or in connection with your illegal or fraudulent use of the Accounts. Neither Wealthsimple, its directors, officers, shareholders, employees and agents will have any liability arising during the term of this Agreement for any claims for direct damages threatened to you for errors or omissions that occur in the course of, arise fromdo so, or which are related to, transactions by us for your Wealthsimple Account, unless such errors or omissions are caused by the failure of Wealthsimple to meet the Standard of Care. Neither the Portfolio Manager, its directors, officers, shareholders, employees and agents will have any liability to you in any circumstances for any indirect, consequential, special or punitive damages. You acknowledge that your investment objectives, stated in an Investor Policy Statement are to be considered only as goals, and while Wealthsimple will invest Account Assets only in those securities whichCompany, in its reasonable judgment, are suitable for an Account considering (among believes may be instituted or threatened, which proceeding reasonably could expose the Company and/or any other things) such objectivesAffiliated Entities to any potential liability, loss, cost, or expense which is the obligation of the Partner under this Agreement, the Portfolio Manager does not guarantee Company is authorized to withhold an amount equal to the results amount of any investment and will not be responsible such claim from any amounts owed to the Partner or from any other funds, securities or other property owned by the Partner on deposit with the Company for any purpose (including, without limitation, funds, securities or other property in any proprietary account of the Partner) until such has been fully resolved to the satisfaction of the Company. However, in the event that some the intends to withhold the amount of any potential liability, loss, cost or all of such investment objectives are not realized. Disclosure regarding investment risk is described in expense as set forth above, the Investment Risk Disclosure section of Wealthsimple’s website which is available here: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/en-ca/legal/disclosure. You acknowledge that you have read and understand such disclosure. If Company will notify the Account Assets are only a portion of your total assets, we will not be responsible for (a) any of your assets outside Partner of the Account Assets; or (b) diversifying all amount to be withheld and the nature of your assetsthe claim, and the Partner may participate in defense of the claim through counsel chosen by it at its own expense.

Appears in 2 contracts

Sources: Partnership Agreement, Partnership Agreement

Indemnity and Limitation of Liability. You hereby agree (a) AAG agrees to indemnify the Plan Sponsor and the Plan, hold Wealthsimpleeach of them harmless and defend each of them from any Liability (as defined below) directly resulting from either the following: (i) any breach of fiduciary duty by AAG; (ii) AAG’s material nonperformance of its obligations under this Agreement or (iii) gross negligence or willful misconduct by AAG or the Independent Financial Expert, to the extent that such Liability is not caused by the Plan Sponsor’s breach of this Agreement, or caused by or attributable to an act or omission, negligence or willful misconduct of the Plan Sponsor or a Participant user. (b) The Plan Sponsor agrees to indemnify AAG and its Representatives, hold them harmless and defend them from any Liability directly resulting from either or both of the following: (i) any breach of fiduciary duty by the Plan Sponsor; or (ii) the Plan Sponsor’s material performance or nonperformance of its obligations under this Agreement. For purposes of this Section 6.7, “Liability” means liability, damages, losses and expenses, including reasonable attorneys’ fees. Neither party will be responsible to the other party for any Liability attributable to an act or omission of a Participant user, the other party, or a third party. NO PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Each party’s indemnity extends to the other party’s fiduciaries, agents, directors, officers, shareholderstrustees, employees custodians and agents harmless and employees. Either party’s indemnity obligations will be reduced to release such parties from the extent that its ability to manage the claim is materially harmed by any and all damages, actions, causes of action, debits, charges, expenses, or other losses arising out failure of the other to give prompt notice of the claim, complete information and reasonable assistance to defend or settle the claim. The indemnity does not cover any Liability for which the indemnified party actually receives reimbursement or indemnification from another person, including under a liability insurance policy. Any finding that any aspect of this indemnification provision is unenforceable by operation of the Accounts, except for law will not affect any losses, costs or damage arising out of or in connection with Wealthsimple’s breach of the Standard of Care and you further agree to indemnify such parties and hold them harmless for all damages, actions, causes of actions, causes of action, debits, charges, expenses, or other losses arising out of or in connection with your illegal or fraudulent use of the Accounts. Neither Wealthsimple, its directors, officers, shareholders, employees and agents will have any liability arising during the term portion of this Agreement for any claims for direct damages to you for errors or omissions that occur in the course of, arise from, or which are related to, transactions by us for your Wealthsimple Account, unless such errors or omissions are caused by the failure of Wealthsimple to meet the Standard of Care. Neither the Portfolio Manager, its directors, officers, shareholders, employees and agents will have any liability to you in any circumstances for any indirect, consequential, special or punitive damages. You acknowledge that your investment objectives, stated in an Investor Policy Statement are to be considered only as goals, and while Wealthsimple will invest Account Assets only in those securities which, in its judgment, are suitable for an Account considering (among other things) such objectives, the Portfolio Manager does not guarantee the results of any investment and will not be responsible in the event that some or all of such investment objectives are not realized. Disclosure regarding investment risk is described in the Investment Risk Disclosure section of Wealthsimple’s website which is available here: ▇▇▇▇▇://▇▇▇provision.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/en-ca/legal/disclosure. You acknowledge that you have read and understand such disclosure. If the Account Assets are only a portion of your total assets, we will not be responsible for (a) any of your assets outside of the Account Assets; or (b) diversifying all of your assets.

Appears in 1 contract

Sources: Advisory Services Agreement

Indemnity and Limitation of Liability. You hereby agree A. Participant agrees to indemnify and hold Wealthsimpleharmless TDA, its directors, officers, shareholders, their employees and agents harmless from and to release such parties from against any and all damagesclaims, actionslosses, demands, obligations, causes of actionaction and lawsuits and all damages (including punitive and exemplary damages), debitsliabilities (including strict liability), chargesfines, judgments, costs (including settlement costs) and expenses, including the payment or other losses arising out reasonable attorney fees (collectively referred to as “Damages”). Claims for damages may arise from the following list, which is not exhaustive: (1) the failure of Participant to comply with the terms and conditions of the operation of Participant Agreement; (2) the Accountsservices performed, except for any lossespromotions offered, costs or damage arising out of or actions taken by Participant in connection with Wealthsimpletheir participation in the Pavilion; (3) the distribution of any of samples, products or materials by Participant; (4) defects in the Participant’s breach booth, fixtures or equipment provided by Participant; (5) Participant’s unauthorized use, misuse, infringement or dilution of trademarks, intellectual property or copyrights belonging to the Fair, TDA or any third party; (6) the failure of Participant to comply with any applicable federal, state or local law that may affect the obligations hereunder; (7) the negligent acts or omissions of Participant; or (8) defects in the design, assembly or manufacture of any product provided by Participants. TDA does not waive any right to bring further legal action as authorized by law. B. Participant agrees to hold harmless TDA, its employees or agents for lost profit or other financial loss of any type or description, including but not limited to any special, indirect, reliance, incidental or consequential damages, which may be caused directly or indirectly from: (i) participation in the Pavilion; (ii) termination of the Standard of Care and you further agree to indemnify such parties and hold them harmless for all damages, actions, causes of actions, causes of action, debits, charges, expenses, or other losses arising out of or in connection with your illegal or fraudulent use of the Accounts. Neither Wealthsimple, its directors, officers, shareholders, employees and agents will have any liability arising during the term of this Participant Agreement for any claims for direct damages to you for errors reason; (iii) operational delays by Fair or omissions that occur in TDA; or, (iv) service inadequacies within the course ofPavilion, arise from, or which are related to, transactions by us for your Wealthsimple Account, unless such errors or omissions are caused by including the failure of Wealthsimple to meet the Standard of CareStore. Neither the Portfolio Manager, its directors, officers, shareholders, employees and agents will have any liability to you in any circumstances for any indirect, consequential, special or punitive damages. You acknowledge that your investment objectives, stated in an Investor Policy Statement are to be considered only as goals, and while Wealthsimple will invest Account Assets only in those securities which, in its judgment, are suitable for an Account considering (among other things) such objectives, the Portfolio Manager TDA does not guarantee sales or profit from participation in the results Store, Porch or other designated sales areas. Participant agrees it will continue to pay all charges and other sums due to Fair and TDA hereunder irrespective of any investment and will not such claim, loss, damage or expense until the Participant Agreement is terminated in accordance with these terms. C. Participants agree to pay TDA for any damages resulting from any act or negligence of Participants. Such sum may be responsible in necessary to restore the event that some or all of such investment objectives are not realized. Disclosure regarding investment risk is described in the Investment Risk Disclosure section of Wealthsimple’s website which is available here: ▇▇▇▇▇://▇▇▇premises to their original condition.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/en-ca/legal/disclosure. You acknowledge that you have read and understand such disclosure. If the Account Assets are only a portion of your total assets, we will not be responsible for (a) any of your assets outside of the Account Assets; or (b) diversifying all of your assets.

Appears in 1 contract

Sources: Participant Terms and Conditions

Indemnity and Limitation of Liability. You hereby agree to hold Wealthsimple, its directors, officers, shareholders, employees and agents harmless and to release such parties from any and all damages, actions, causes of action, debits, charges, expenses, or other losses arising out of the operation of the Accounts, except for any losses, costs or damage arising out of or in connection with Wealthsimple’s breach of the Standard of Care and you further agree to indemnify such parties and hold them harmless for all damages, actions, causes of actions, causes of action, debits, charges, expenses, or other losses arising out of or in connection with your illegal or fraudulent use of the Accounts. Neither Wealthsimple, its directors, officers, shareholders, employees and agents will have any liability arising during the term of this Agreement for any claims for direct damages to you for errors or omissions that occur in the course of, arise from, or which are related to, transactions by us for your Wealthsimple Account, unless such errors or omissions are caused by the failure of Wealthsimple to meet the Standard of Care. Neither the Portfolio Manager, its directors, officers, shareholders, employees and agents will have any liability to you in any circumstances for any indirect, consequential, special or punitive damages. You acknowledge that your investment objectives, stated in an Investor Policy Statement the Account Investment Profile, are to be considered only as goals, and while Wealthsimple will invest Account Assets only in those securities which, in its judgment, are suitable for an Account considering (among other things) such objectives, the Portfolio Manager does not guarantee the results of any investment and will not be responsible in the event that some or all of such investment objectives are not realized. Disclosure regarding investment risk is described in the Investment Risk Disclosure section of Wealthsimple’s website which is available here: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/en-ca/legal/disclosure. You acknowledge that you have read and understand such disclosure. If the Account Assets are only a portion of your total assets, we will not be responsible for (a) any of your assets outside of the Account Assets; or (b) diversifying all of your assets.the

Appears in 1 contract

Sources: Discretionary Management Agreement

Indemnity and Limitation of Liability. You 7.1 It is hereby agree mutually agreed between Parties that NSDC shall not be liable for any unauthorized transaction or inappropriate usage of SDMS data and the Agency hereby fully indemnifies and holds NSDC harmless against any action, suit, proceedings initiated against it or any loss, cost or damage incurred by it as a result thereof. 7.2 Without prejudice to hold Wealthsimplegenerality of the above, its directors, officers, shareholders, employees the Agency shall indemnify and agents keep NSDC harmless and to release such parties indemnified from any and against all damagesclaims, actionsliabilities, causes of actionlosses and incurred costs, debitsfines, chargespenalties, expenses, taxes, assessment, punitive damages, fees (including advocate’s/ attorney’s fee), liabilities (including any investigative, legal and other expenses incurred in connection with, and any amounts paid in settlement of, any pending or other losses arising out threatened legal action or proceeding), judgments, 7.3 In the event of a third party claim or action against NSDC as a consequence of the operation of use SDMS Services platform, the AccountsAgency shall: a) defend and/or assist NSDC in defending, except for any lossesat the Agency’s cost, costs such claims, or damage actions either in legal proceeding or otherwise; b) indemnify NSDC and keep NSDC indemnified and harmless, at all times, against all actions, claims, demands, costs, charges and expenses arising out of or incurred by reason of any infringement of intellectual property rights of any Third Party in connection with Wealthsimple’s breach of the Standard of Care and you further agree to indemnify such parties and hold them harmless for all damages, actions, causes of actions, causes of action, debits, charges, expenses, or other losses arising out of or in connection with your illegal or fraudulent use of the Accounts. Neither WealthsimpleSDMS Platform Services, its directors, officers, shareholders, employees and agents will have irrespective of whether or not NSDC incurs any liability arising during the term in this regard by virtue of this Agreement for any claims for direct damages to you for errors or omissions that occur in the course judgment of a court of competent jurisdiction. 7.4 The Agency is aware of, arise fromand understands, or which are related tothe fact that NSDC’s operation of the SDMS Platform Services is not completely free from defect, transactions by us for your Wealthsimple Account, unless such errors or omissions are caused by and NSDC does not represent and warrant the failure of Wealthsimple to meet the Standard of Care. Neither the Portfolio Manager, its directors, officers, shareholders, employees and agents will have any liability to you in any circumstances for any indirect, consequential, special or punitive damages. You acknowledge that your investment objectives, stated in an Investor Policy Statement are same to be considered only as goalsdefect free. Unless, and while Wealthsimple will invest Account Assets only otherwise expressly specified in those securities whichwriting, SDMS Platform services are provided on an ‘as-is’ basis without any express or implied warranties in its judgment, are suitable for an Account considering (among other things) such objectives, the Portfolio Manager does not guarantee the results of any investment and will respect thereof. 7.5 The Agency agrees that NSDC shall not be responsible in case of any kind of loss on account of incorrect operation or non-operation of SDMS platform services in any manner. 7.6 It is hereby mutually agreed that this clause 7 shall survive the event that some or all termination of such investment objectives are not realized. Disclosure regarding investment risk is described in the Investment Risk Disclosure section of Wealthsimple’s website which is available here: ▇▇▇▇▇://▇▇▇this Agreement.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/en-ca/legal/disclosure. You acknowledge that you have read and understand such disclosure. If the Account Assets are only a portion of your total assets, we will not be responsible for (a) any of your assets outside of the Account Assets; or (b) diversifying all of your assets.

Appears in 1 contract

Sources: NSDC Web Api User Agency Agreement

Indemnity and Limitation of Liability. You hereby agree to 5.1. The User will indemnify and hold Wealthsimpleharmless UBC, its Board of Governors, directors, officers, shareholdersemployees, employees faculty, students, invitees and agents harmless and to release such parties from any and all damagesclaims, actions, causes of actionsuits, debitsproceedings, chargescosts, expenses, or other losses arising out of the operation of the Accountsdamages, except for any lossesand liabilities, costs or damage including legal fees arising out of or in connection with Wealthsimple’s breach of or resulting from the Standard of Care and you further agree to indemnify such parties and hold them harmless for all damages, actions, causes of actions, causes of action, debits, charges, expenses, or other losses arising out of or in connection with your illegal or fraudulent use of the AccountsKitchen Facilities by the User or the User Personnel, except where such loss or damage is caused by UBC’s sole negligence. 5.2. Neither WealthsimpleThe User hereby assumes and will bear the entire risk of loss and damage to the Kitchen Facilities arising from the use of the Kitchen Facilities by the User or User Personnel. In the event of loss or damage of any kind whatever to any item of the Kitchen Facilities, the User at the option of UBC will: (a) pay the cost of repairing the Kitchen Facilities and putting the same in good working order; or (b) pay to UBC the cost of replacing same with like Kitchen Facilities in good repair, condition and working order. 5.3. The User hereby releases UBC, its Board of Governors, directors, officers, shareholdersemployees, employees faculty, students, invitees and agents will have from all actions and claims whatsoever that the User may now or at any liability arising during the term of this Agreement for any claims for direct damages to you for errors or omissions that occur time in the course offuture have with respect to use of the Kitchen Facilities, arise from, except where such loss or which are related to, transactions by us for your Wealthsimple Account, unless such errors or omissions are damage is caused by the failure UBC’s sole negligence. In no event will UBC or any of Wealthsimple to meet the Standard of Care. Neither the Portfolio Managerits faculty, its staff, students, directors, officers, shareholders, or employees and agents will have any liability to you in any circumstances be liable for any indirect, consequentialspecial, special incidental or punitive damages. You acknowledge that your investment objectives, stated in an Investor Policy Statement are to be considered only as goals, and while Wealthsimple will invest Account Assets only in those securities which, in its judgment, are suitable for an Account considering (among other things) such objectives, the Portfolio Manager does not guarantee the results consequential damages of any investment and kind incurred by the User. 5.4. UBC will not be responsible liable for any failure to perform, in the event that some whole or all in part, under this Agreement because such performance has become illegal, or impossible due to Acts of such investment objectives are not realized. Disclosure regarding investment risk is described in the Investment Risk Disclosure section of Wealthsimple’s website which is available here: ▇▇▇▇▇://▇▇▇God, government regulations, disaster, civic disorder, strikes, or other job actions or emergencies.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/en-ca/legal/disclosure. You acknowledge that you have read and understand such disclosure. If the Account Assets are only a portion of your total assets, we will not be responsible for (a) any of your assets outside of the Account Assets; or (b) diversifying all of your assets.

Appears in 1 contract

Sources: Kitchen Facilities Use Agreement