Liability of Broker Sample Clauses

Liability of Broker. The Purchaser acknowledges that, notwithstanding any provision to the contrary herein, the Broker has entered into this Agreement solely in its capacity as Court-appointed seller of the Purchased Assets and not in its personal or corporate capacity and that the Broker shall not in any circumstances incur any personal liability whatsoever in connection with this Agreement. In no event shall Broker be liable for special, contingent, incidental, indirect or consequential damage.
Sample 1
AutoNDA by SimpleDocs
Liability of Broker. Broker agrees to indemnify and hold BNYCS and the Indemnified Parties (as defined in Section 3.2.2) harmless from and against any and all actions, causes of action, claims, losses, liabilities, damages or expense (including, but not limited to, fees and costs of legal counsel including such fees and expenses as incurred in connection with enforcing this provision) to BNYCS and/or the Indemnified Parties, as incurred, related to or arising out of this Agreement, any Account, any transaction in or for any Account, or any act or omission by Broker, by any Customer or by any third party (other than any service provider to BNYCS) other than for acts or omissions for which BNYCS shall indemnify Broker under Section 9.2. Broker hereby agrees and warrants that Broker will maintain appropriate brokers blanket bond insurance policies covering any and all acts of Broker's employees, agents and partners adequate to fully protect and indemnify BNYCS and the Indemnified Parties. This policy shall be obtained by an insurance broker of BNYCS' choosing. Coverage shall be in an amount agreed by the parties, but in no event shall it be less than $500,000 per occurrence. Further, this insurance shall remain in effect while BNYCS acts as Broker's clearing agent and will include coverage for any claims discovered or made within ninety (90) days following the Termination Date.
Sample 1
Liability of Broker. Broker agrees to indemnify and hold ConvergEx and its affiliates, as well as their respective controlling persons, successors, assigns, managers, officers, employees, representatives and agents (such persons being the “Indemnified Parties”) harmless from and against any and all actions, proceedings, causes of action, claims, losses, liabilities, damages or expenses (including, but not limited to, fees and costs of legal counsel, including, but not limited to, fees and expenses as incurred in connection with enforcing this provision), as incurred, related to or arising out of this Agreement, any Account, any order or transaction in or for any Account, any breach of applicable margin regulations or house margin requirements by an Account, any breach of this Agreement or violation of Applicable Regulations by Broker, Broker’s use of or access to Data and Technology from Third Party Providers, or any act or omission by Broker, by any Customer or by any third party (other than any service provider to ConvergEx). Broker hereby agrees and warrants that Broker will maintain appropriate brokers blanket bond insurance policies covering any and all acts of Broker’s employees, agents and partners adequate to fully protect and indemnify ConvergEx and the Indemnified Parties. This policy shall be obtained by an insurance broker of ConvergEx’s choosing. Coverage shall be in an amount agreed to by the parties, but in no event shall it be less than $500,000 per occurrence. Further, this insurance shall remain in effect while ConvergEx acts as Broker’s clearing agent and will include coverage for any claims discovered or made within ninety (90) days following the Termination Date.
Sample 1
Liability of Broker 
Sample 1Sample 2Sample 3See All (5)

Related to Liability of Broker

  • Liability of City CITY’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT OF THE COMPENSATION PROVIDED FOR IN SECTION 3.3.1, “PAYMENT,” OF THIS AGREEMENT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PERFORMED IN CONNECTION WITH THIS AGREEMENT.

  • Liability of Company The Indemnitee agrees that neither the stockholders nor the directors nor any officer, employee, representative or agent of the Company shall be personally liable for the satisfaction of the Company's obligations under this Agreement and the Indemnitee shall look solely to the assets of the Company for satisfaction of any claims hereunder.

  • Liability of the Adviser The Adviser shall indemnify and hold harmless the Trust and all affiliated persons thereof (within the meaning of Section 2(a)(3) of the 0000 Xxx) and all controlling persons (as described in Section 15 of the 1933 Act) (collectively, the “Adviser Indemnitees”) against any and all losses, claims, damages, liabilities or litigation (including reasonable legal and other expenses) by reason of or arising out of the Adviser’s willful misfeasance, bad faith or negligence in the performance of its duties hereunder or its reckless disregard of its obligations and duties under this Agreement.

  • Liability of Resident The Resident is liable for any damage to the building structure, fittings, fixtures, finishes, furniture and equipment comprising the Resident’s Room, except only if such damage is caused by the proven negligence of the Institution or the Manager. The Resident is liable for any damage to the building structure, fittings, finishes, furniture and equipment beyond the confines of the Resident’s Room should the damage arise from the negligence or willful act of the Resident. The Manager and the Institution do not assume any responsibility for personal property that is lost, stolen or damaged from any cause. The Resident is strongly encouraged to obtain insurance to cover the above liabilities. Residence does not purchase such protection for personal property. The Resident must also take positive steps to ensure their safety by locking Room doors, and ensuring that only authorized persons enter their Room, suite and/or the building.

  • Liability of Sub-Adviser In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Sub-Adviser or any of its officers, directors or employees, the Sub-Adviser shall not be subject to liability to the Investment Adviser for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security.

  • Liability of Parties Without waiving any defenses including governmental immunity, each Party to this XXX agrees to be responsible for its own acts of negligence, which may arise in connection with any and all claims for damages, costs and expenses to person or persons and property that may arise out of or be occasioned by this XXX or any of its activities or from any act or omission of any employee or invitee of the Parties. The provisions in this paragraph are solely for the benefit of the Parties hereto and are not intended to create or grant any rights, contractually or otherwise to any third party.

  • Liability of the Company The Company shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by the Company herein.

  • Liability of Evaluator The Trustee, FTPS Unit Servicing Agent, Depositor and the Unit holders may rely on any Evaluation furnished by First Trust Advisors, L.P., acting in its capacity as Evaluator, and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of the best information available to it. The Evaluator shall be under no liability to the Trustee, FTPS Unit Servicing Agent, Depositor or the Unit holders for errors in judgment; provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder."

  • Liability of Custodian The Custodian shall be liable for the acts or omissions of a Foreign Sub-Custodian to the same extent as set forth with respect to sub-custodians generally in this Agreement and, regardless of whether assets are maintained in the custody of a Foreign Sub-Custodian or a Foreign Securities System, the Custodian shall not be liable for any loss, damage, cost, expense, liability or claim resulting from nationalization, expropriation, currency restrictions, or acts of war or terrorism, or any other loss where the Sub-Custodian has otherwise acted with reasonable care.

  • Liability of Sub-Advisor Neither the Sub-Advisor nor any of its directors, officers, employees, agents or affiliates shall be liable to the Manager, the Fund or its shareholders for any loss suffered by the Manager or the Fund resulting from any error of judgment made in the good faith exercise of the Sub-Advisor's duties under this Agreement or as a result of the failure by the Manager or any of its affiliates to comply with the terms of this Agreement except for losses resulting from willful misfeasance, bad faith or gross negligence of, or from reckless disregard of, the duties of the Sub-Advisor or any of its directors, officers, employees, agents (excluding any broker-dealer selected by the Sub-Advisor), or affiliates.

Time is Money Join Law Insider Premium to draft better contracts faster.