Limitation on Indemnities. The indemnities provided in this Section 5 by Customer to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and its affiliates shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any agreement of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ contained in this Agreement to the extent caused by such event. Likewise, the indemnities provided in this Section 5 by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ to Customer and its successors and assigns shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any representation, warranty or agreement of Customer contained in this Agreement to the extent caused by such breach.
Appears in 17 contracts
Sources: Escrow Agreement (Morgan Stanley Dean Witter Charter Grahm Lp), Escrow Agreement (Morgan Stanley Dean Witter Charter Millburn Lp), Commodity Futures Customer Agreement (Witter Dean Principal Plus Fund L P)
Limitation on Indemnities. The indemnities provided in this Section 5 by Customer to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and its affiliates stockholders, directors, officers, employees, and its or their respective successors and assigns shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses liability arising out of, or based upon, any material breach of any warranty, covenant, or agreement of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ contained in this Agreement to the extent caused by such event. Likewise, the indemnities provided in this Section 5 by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ to Customer the Customer, its partners, and any of its or their respective successors and assigns shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses liability arising out of, or based upon, any material breach of any representationwarranty, warranty covenant, or agreement of the Customer contained in this Agreement to the extent caused by such breachevent.
Appears in 3 contracts
Sources: Commodity Futures Customer Agreement (Witter Dean Cornerstone Fund Ii), Commodity Futures Customer Agreement (Witter Dean Cornerstone Fund Iv), Commodity Futures Customer Agreement (Witter Dean Cornerstone Fund Iii)
Limitation on Indemnities. The indemnities provided in this Section 5 by Customer to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and its affiliates shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any agreement of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ contained in this Agreement to the extent caused by such event. Likewise, the indemnities provided in this Section 5 by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ to Customer and any of its successors and assigns shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any representation, warranty or agreement of Customer contained in this Agreement to the extent caused by such breachevent.
Appears in 3 contracts
Sources: Commodity Futures Customer Agreement (Morgan Stanley Tangible Asset Fund L P), Commodity Futures Customer Agreement (Morgan Stanley Tangible Asset Fund L P), Commodity Futures Customer Agreement (Morgan Stanley Tangible Asset Fund L P)
Limitation on Indemnities. The indemnities provided in this Section 5 by the Customer to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and its affiliates shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any warranty, covenant or agreement of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ contained in this Agreement to the extent caused by such event. Likewise, the indemnities provided in this Section 5 by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ to the Customer and any of its successors and assigns shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any representationwarranty, warranty covenant or agreement of the Customer contained in this Agreement to the extent caused by such breach.
Appears in 1 contract
Sources: Commodity Futures Customer Agreement (Columbia Futures Fund)