Common use of LIMITATION AND EXCLUSION OF LIABILITY Clause in Contracts

LIMITATION AND EXCLUSION OF LIABILITY. 19.1 Neither ZUNDIAO nor its Affiliates shall be liable for any delay or failure to perform obligations and any losses, damages or costs resulting such delay or failure to perform obligations, unless such is directly caused by ZUNDIAO’s or its Affiliate's negligence or willful default. 19.2 ZUNDIAO and its Affiliates shall not be held responsible for any undesirable consequences resulting whether directly or indirectly from any acts, events or circumstances not reasonably within our control, including but not limited to industrial disputes, government restrictions, acts or regulations of any government or supranational bodies, authorities or regulatory bodies imposition of emergency procedures, exchange ruling, third party conduct, suspension of trading, war, strike, market conditions, civil disorder, acts or threatened acts of terrorism, natural disasters, pandemics, or other viral outbreaks (including but not limited to COVID-19), breakdown failure or malfunction of any telecommunications or computer services, or transportation delays or the failure of any relevant exchange, clearing house, broker and/or any third party for any reason to perform or discharge its obligations or any other circumstances beyond ZUNDIAO’s control whatsoever, including any errors, deficiencies or electronic data problems, computations, output, operations and other functions of any equipment and related software of ZUNDIAO and/or its agents, suppliers, vendors, or counterparts. 19.3 The Client agrees and accepts that it has not entered into this Client Agreement in reliance upon any representations, warranties or undertakings made or given by ZUNDIAO or any of its Affiliates. 19.4 ZUNDIAO is not liable in any manner whatsoever for the settlement and clearing of any orders executed by ▇▇▇▇▇▇▇. 19.5 The Client shall fully indemnify and keep fully indemnified ZUNDIAO and its Affiliates from and against (i) all and any costs, expenses, liabilities and losses whatsoever and howsoever arising (whether directly or indirectly) which ZUNDIAO may incur or suffer as a result of providing the ZUNDIAO Services to the Client; and (ii) all and any claims whatsoever and howsoever arising (whether directly or indirectly) which may be made against ZUNDIAO in the performance of the ZUNDIAO services, other than any costs, expenses, liabilities or losses that result primarily from ZUNDIAO’s gross negligence, bad faith, wilful default or fraud.

LIMITATION AND EXCLUSION OF LIABILITY. 19.1 Neither ZUNDIAO nor its Affiliates shall be liable for any delay or failure to perform obligations and any losses, damages or costs resulting such delay or failure to perform obligations, unless such is directly caused by ZUNDIAO’s or its Affiliate's negligence or willful default. 19.2 ZUNDIAO and its Affiliates shall not be held responsible for any undesirable consequences resulting whether directly or indirectly from any acts, events or circumstances not reasonably within our control, including but not limited to industrial disputes, government restrictions, acts or regulations of any government or supranational bodies, authorities or regulatory bodies imposition of emergency procedures, exchange ruling, third party conduct, suspension of trading, war, strike, market conditions, civil disorder, acts or threatened acts of terrorism, natural disasters, pandemics, or other viral outbreaks (including but not limited to COVID-19), breakdown failure or malfunction of any telecommunications or computer services, or transportation delays or the failure of any relevant exchange, clearing house, broker and/or any third party for any reason to perform or discharge its obligations or any other circumstances beyond ZUNDIAO’s control whatsoever, including any errors, deficiencies or electronic data problems, computations, output, operations and other functions of any equipment and related software of ZUNDIAO and/or its agents, suppliers, vendors, or counterparts. 19.3 The Client agrees and accepts that it has not entered into this Client Agreement in reliance upon any representations, warranties or undertakings made or given by ZUNDIAO or any of its Affiliates. 19.4 ZUNDIAO is not liable in any manner whatsoever for the settlement and clearing of any orders executed by ▇▇▇▇▇▇▇ZUNDIAO. 19.5 The Client shall fully indemnify and keep fully indemnified ZUNDIAO and its Affiliates from and against (i) all and any costs, expenses, liabilities and losses whatsoever and howsoever arising (whether directly or indirectly) which ZUNDIAO may incur or suffer as a result of providing the ZUNDIAO Services to the Client; and (ii) all and any claims whatsoever and howsoever arising (whether directly or indirectly) which may be made against ZUNDIAO in the performance of the ZUNDIAO services, other than any costs, expenses, liabilities or losses that result primarily from ZUNDIAO’s gross negligence, bad faith, wilful default or fraud.