Limitation on Indemnities. The indemnities provided in this Section 2 by Customer to MSIL 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 MSIL contained in this Agreement to the extent caused by such event. Likewise, the indemnities provided in this Section 2 by MSIL 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 27 contracts
Samples: Customer Agreement (BHM Discretionary Futures Fund L.P.), Customer Agreement (Morgan Stanley Managed Futures MV, L.P.), Customer Agreement (Morgan Stanley Spectrum Select Lp)
Limitation on Indemnities. The indemnities provided in this Section 2 by Customer to MSIL 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 MSIL contained in this Agreement to the extent caused by such event. Likewise, the indemnities provided in this Section 2 by MSIL 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 4 contracts
Samples: Customer Agreement (Witter Dean Cornerstone Fund Ii), Customer Agreement (Dean Witter Global Perspective Portfolio L P), Customer Agreement (Witter Dean Cornerstone Fund Iii)
Limitation on Indemnities. The indemnities provided in this Section 2 by Customer to MSIL 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 MSIL contained in this Agreement to the extent caused by such event. Likewise, the indemnities provided in this Section 2 by MSIL 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 1 contract
Samples: Customer Agreement (Witter Dean Principal Plus Fund L P)
Limitation on Indemnities. The indemnities provided in this Section 2 3 by Customer to MSIL 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 MSIL contained in this Agreement to the extent caused by such event. Likewise, the indemnities provided in this Section 2 3 by MSIL 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 1 contract
Samples: Customer Agreement (Morgan Stanley Tangible Asset Fund L P)
