Common use of Indemnity/Liability Clause in Contracts

Indemnity/Liability. 11.1 Unless caused by MTC’s direct fraud, willful default or gross negligence, neither we nor any associated company nor any employee shall be liable to the Client: (a) for any loss of profits, indirect, consequential or incidental damages, liabilities, claims, losses, awards, injury, proceedings or costs suffered or incurred by the Client in connection with the Services we provide to the Client as set out in this Agreement; or (b) for any misinterpretation of any information or general advice provided by, or on behalf of, MTC relating to a transaction entered into or proposed to be entered into under this Agreement; or (c) if MTC do not act on Client instructions or are unable to provide any service under this Agreement as a result of some factor that is beyond our reasonable control (for example, Act of God, failure of computer or related systems, failure of market systems, failure of trading software or failure of any third party to provide any service to which this Agreement relates); or (d) if we do not act on Client instructions or are unable to provide any service under this Agreement as a result of failure of computer systems, telecommunications systems, component failure, power failure or other unanticipated failure; or (e) for any loss or damage caused as a result of a Client trading on money deposited into their Account in error by us. We will remedy all such errors as soon as practicable following notification of such error. Unless caused by our direct fraud, willful default or gross negligence, the Client will upon demand, indemnify us, our associated companies and employees against any costs, damage, losses or liabilities however arising by reason of or in connection with any action taken, not taken, or any transaction entered into or not entered into by MTC under this Agreement.

Appears in 4 contracts

Sources: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Indemnity/Liability. 11.1 Unless caused by MTC’s direct SMFX fraud, willful wilful default or gross negligence, neither we nor any associated company nor shall any employee shall be liable to the Client: (a) for any loss of profits, indirect, consequential or incidental damages, liabilities, claims, losses, awards, injury, proceedings or costs suffered or incurred by the Client in connection with the Services we provide to the Client as set out in this Agreement; or (b) for any misinterpretation of any information or general advice provided by, or on behalf of, MTC SMFX relating to a transaction entered into or proposed to be entered into under this Agreement; or (c) if MTC do SMFX does not act on Client instructions or are is unable to provide any service under this Agreement as a result of some factor that is beyond our reasonable control (for example, Act of God, failure of computer or related systems, failure of market systems, failure of trading software or failure of any third party to provide any service to which this Agreement relates); or (d) if we do not act on Client instructions or are unable to provide any service under this Agreement as a result of failure of computer systems, telecommunications systems, component failure, power failure or other unanticipated failure; or (e) for any loss or damage caused as a result of a Client trading on money deposited into their Account in error by us. We will remedy all such errors as soon as practicable following notification of such error. Unless caused by our direct fraud, willful wilful default or gross negligence, the Client will upon demand, indemnify us, our associated companies and employees against any costs, damage, losses or liabilities however arising by reason of or in connection with any action taken, not taken, or any transaction entered into or not entered into by MTC SMFX under this Agreement.

Appears in 2 contracts

Sources: Client Services Agreement, Client Services Agreement

Indemnity/Liability. 11.1 Unless caused by MTC’s direct DTS LLC fraud, willful default or gross negligence, neither we nor any associated company nor shall any employee shall be liable to the Client: (a) for any loss of profits, indirect, consequential or incidental damages, liabilities, claims, losses, awards, injury, proceedings or costs suffered or incurred by the Client in connection with the Services we provide to the Client as set out in this Agreement; or (b) for any misinterpretation of any information or general advice provided by, or on behalf of, MTC DTS LLC relating to a transaction entered into or proposed to be entered into under this Agreement; or (c) if MTC do DTS LLC does not act on Client instructions or are is unable to provide any service under this Agreement as a result of some factor that is beyond our reasonable control (for example, Act of God, failure of computer or related systems, failure of market systems, failure of trading software or failure of any third party to provide any service to which this Agreement relates); or (d) if we do not act on Client instructions or are unable to provide any service under this Agreement as a result because of the failure of computer systems, telecommunications systems, component failure, power failure or other another unanticipated failure; or (e) for any loss or damage caused as a result because of a Client trading on money deposited into their Account in error by us. We will remedy all such errors as soon as practicable following notification of such error. Unless caused by our direct fraud, willful wilful default or gross negligence, the Client will upon demand, indemnify us, our associated companies and employees against any costs, damage, losses or liabilities however arising by reason because of or in connection with any action taken, not taken, or any transaction entered into or not entered into by MTC DTS LLC under this Agreement.

Appears in 1 contract

Sources: Client Services Agreement

Indemnity/Liability. 11.1 Unless caused by MTC’s direct Fidelcrest fraud, willful wilful default or gross negligence, neither we nor any associated company nor shall any employee shall be liable to the Client: (a) for any loss of profits, indirect, consequential or incidental damages, liabilities, claims, losses, awards, injury, proceedings or costs suffered or incurred by the Client in connection with the Services we provide to the Client as set out in this Agreement; or (b) for any misinterpretation of any information or general advice provided by, or on behalf of, MTC Fidelcrest relating to a transaction entered into or proposed to be entered into under this Agreement; or (c) if MTC do Fidelcrest does not act on Client instructions or are is unable to provide any service under this Agreement as a result of some factor that is beyond our reasonable control (for example, Act of God, failure of computer or related systems, failure of market systems, failure of trading software or failure of any third party to provide any service to which this Agreement relates); or (d) if we do not act on Client instructions or are unable to provide any service under this Agreement as a result of failure of computer systems, telecommunications systems, component failure, power failure or other unanticipated failure; or (e) for any loss or damage caused as a result of a Client trading on money deposited into their Account in error by us. We will remedy all such errors as soon as practicable following notification of such error. Unless caused by our direct fraud, willful wilful default or gross negligence, the Client will upon demand, indemnify us, our associated companies and employees against any costs, damage, losses or liabilities however arising by reason of or in connection with any action taken, not taken, or any transaction entered into or not entered into by MTC Fidelcrest under this Agreement.

Appears in 1 contract

Sources: Client Agreement

Indemnity/Liability. 11.1 Unless caused by MTC’s direct SPFX fraud, willful wilful default or gross negligence, neither we nor any associated company nor shall any employee shall be liable to the Client: (a) for any loss of profits, indirect, consequential or incidental damages, liabilities, claims, losses, awards, injury, proceedings or costs suffered or incurred by the Client in connection with the Services we provide to the Client as set out in this Agreement; or (b) for any misinterpretation of any information or general advice provided by, or on behalf of, MTC SPFX relating to a transaction entered into or proposed to be entered into under this Agreement; or (c) if MTC do SPFX does not act on Client instructions or are is unable to provide any service under this Agreement as a result of some factor that is beyond our reasonable control (for example, Act of God, failure of computer or related systems, failure of market systems, failure of trading software or failure of any third party to provide any service to which this Agreement relates); or (d) if we do not act on Client instructions or are unable to provide any service under this Agreement as a result of failure of computer systems, telecommunications systems, component failure, power failure or other unanticipated failure; or (e) for any loss or damage caused as a result of a Client trading on money deposited into their Account in error by us. We will remedy all such errors as soon as practicable following notification of such error. Unless caused by our direct fraud, willful wilful default or gross negligence, the Client will upon demand, indemnify us, our associated companies and employees against any costs, damage, losses or liabilities however arising by reason of or in connection with any action taken, not taken, or any transaction entered into or not entered into by MTC SPFX under this Agreement.

Appears in 1 contract

Sources: Client Services Agreement

Indemnity/Liability. 11.1 Unless caused by MTC’s direct ATHERFX LLC fraud, willful default or gross negligence, neither we nor any associated company nor shall any employee shall be liable to the Client: (a) for any loss of profits, indirect, consequential or incidental damages, liabilities, claims, losses, awards, injury, proceedings or costs suffered or incurred by the Client in connection with the Services we provide to the Client as set out in this Agreement; or (b) for any misinterpretation of any information or general advice provided by, or on behalf of, MTC ATHERFX LLC relating to a transaction entered into or proposed to be entered into under this Agreement; or (c) if MTC do ATHERFX LLC does not act on Client instructions or are is unable to provide any service under this Agreement as a result of some factor that is beyond our reasonable control (for example, Act of God, failure of computer or related systems, failure of market systems, failure of trading software or failure of any third party to provide any service to which this Agreement relates); or (d) if we do not act on Client instructions or are unable to provide any service under this Agreement as a result because of the failure of computer systems, telecommunications systems, component failure, power failure or other another unanticipated failure; or (e) for any loss or damage caused as a result because of a Client trading on money deposited into their Account in error by us. We will remedy all such errors as soon as practicable following notification of such error. Unless caused by our direct fraud, willful wilful default or gross negligence, the Client will upon demand, indemnify us, our associated companies and employees against any costs, damage, losses or liabilities however arising by reason because of or in connection with any action taken, not taken, or any transaction entered into or not entered into by MTC ATHERFX LLC under this Agreement.

Appears in 1 contract

Sources: Client Services Agreement

Indemnity/Liability. 11.1 Unless caused by MTC’s direct LCM‟s fraud, willful wilful default or gross negligence, neither we nor any associated company nor shall any employee shall be liable to the Client: (a) for any loss of profits, indirect, consequential or incidental damages, liabilities, claims, losses, awards, injury, proceedings or costs suffered or incurred by the Client in connection with the Services we provide to the Client as set out in this Agreement; or (b) for any misinterpretation of any information or general advice provided by, or on behalf of, MTC LCM relating to a transaction entered into or proposed to be entered into under this Agreement; or (c) if MTC do LCM does not act on Client instructions or are is unable to provide any service under this Agreement as a result of some factor that is beyond our reasonable control (for example, Act of God, failure of computer or related systems, failure of market systems, failure of trading software or failure of any third party to provide any service to which this Agreement relates); or (d) if we do not act on Client instructions or are unable to provide any service under this Agreement as a result of failure of computer systems, telecommunications systems, component failure, power failure or other unanticipated failure; or (e) for any loss or damage caused as a result of a Client trading on money deposited into their Account in error by us. We will remedy all such errors as soon as practicable following notification of such error. Unless caused by our direct fraud, willful wilful default or gross negligence, the Client will upon demand, indemnify us, our associated companies and employees against any costs, damage, losses or liabilities however arising by reason of or in connection with any action taken, not taken, or any transaction entered into or not entered into by MTC LCM under this Agreement.

Appears in 1 contract

Sources: Client Services Agreement

Indemnity/Liability. 11.1 Unless caused by MTCLucror’s direct fraud, willful wilful default or gross negligence, neither we nor any associated company nor shall any employee shall be liable to the Client: (a) for any loss of profits, indirect, consequential or incidental damages, liabilities, claims, losses, awards, injury, proceedings or costs suffered or incurred by the Client in connection with the Services we provide to the Client as set out in this Agreement; or (b) for any misinterpretation of any information or general advice provided by, or on behalf of, MTC Lucror relating to a transaction entered into or proposed to be entered into under this Agreement; or (c) if MTC do Lucror does not act on Client instructions or are is unable to provide any service under this Agreement as a result of some factor that is beyond our reasonable control (for example, Act of God, failure of computer or related systems, failure of market systems, failure of trading software or failure of any third party to provide any service to which this Agreement relates); or (d) if we do not act on Client instructions or are unable to provide any service under this Agreement as a result of failure of computer systems, telecommunications systems, component failure, power failure or other unanticipated failure; or (e) for any loss or damage caused as a result of a Client trading on money deposited into their Account in error by us. We will remedy all such errors as soon as practicable following notification of such error. Unless caused by our direct fraud, willful wilful default or gross negligence, the Client will upon demand, indemnify us, our associated companies and employees against any costs, damage, losses or liabilities however arising by reason of or in connection with any action taken, not taken, or any transaction entered into or not entered into by MTC Lucror under this Agreement.

Appears in 1 contract

Sources: General Terms and Conditions