Common use of No Third Party Clause in Contracts

No Third Party. may benefit from the exclusions and limitations in this clause 6. The warranties, undertakings, representations and obligations of the eSpeed shall not apply to such Third Party services (other than a duty of eSpeed to exercise reasonable skill and care in the selection and appointment (if applicable) of such Third Party). For the avoidance of doubt: (1) the limitations and exclusions of liability of eSpeed set out in this Agreement hereof shall not apply to or limit the liability of any such Third Party to eSpeed or TBIS as the case may be and (2) save to the extent that eSpeed or TBIS is able to claim against a Third Party whether in contract, tort or otherwise for any loss or damage suffered by the TBIS of any nature, eSpeed shall not be liable to TBIS in relation to such Third Party. This clause shall apply whether the Third Party provides the Services directly to TBIS or provides the Services on behalf of eSpeed or its Affiliates.

No Third Party. may benefit from the exclusions and limitations in this clause 6. The warranties, undertakings, representations and obligations of the eSpeed BGCI shall not apply to such Third Party services (other than a duty of eSpeed BGCI to exercise reasonable skill and care in the selection and appointment (if applicable) of such Third Party). For the avoidance of doubt: (1) the limitations and exclusions of liability of eSpeed BGCI set out in this Agreement hereof shall not apply to or limit the liability of any such Third Party to eSpeed BGCI or TBIS as the case may be and (2) save to the extent that eSpeed BGCI or TBIS is able to claim against a Third Party whether in contract, tort or otherwise for any loss or damage suffered by the TBIS of any nature, eSpeed BGCI shall not be liable to TBIS in relation to such Third Party. This clause shall apply whether the Third Party provides the Services directly to TBIS or provides the Services on behalf of eSpeed BGCI or its Affiliates.