Limitation on Indemnities. The indemnities provided in this Section 5 by Customer to Morgan Stanley and its affiliates shall be inapplicable in the evenx xx xnx xxxxxs, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any agreement of Morgan Stanley contained in this Agreement to the extent caused by xxxx xvxxx. Xxkewise, the indemnities provided in this Section 5 by Morgan Stanley to Customer and its successors and assigns shall be xxxxxxixxxxx xn 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 4 contracts
Samples: Commodity Futures Customer Agreement (Witter Dean Multi Market Portfolio L P), Commodity Futures Customer Agreement (Witter Dean Diversified Futures Fund Ii L P), Commodity Futures Customer Agreement (Witter Dean Diversified Futures Fund Iii L P)
Limitation on Indemnities. The indemnities provided ixxxxxxtxxx xxxvided in this Section 5 by Customer to Morgan Stanley and its affiliates shall be inapplicable in the evenx xx xnx xxxxxs, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any agreement of Morgan Stanley contained in this Agreement to the extent caused by xxxx xvxxx. Xxkewise, the indemnities provided in this Section 5 by Morgan Stanley to Customer and its successors and assigns shall be xxxxxxixxxxx xn 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 4 contracts
Samples: Commodity Futures Customer Agreement (Witter Dean Principal Plus Fund L P), Commodity Futures Customer Agreement (Dean Witter Global Perspective Portfolio L P), Commodity Futures Customer Agreement (Dean Witter Portfolio Strategy Fund Lp)
Limitation on Indemnities. The indemnities Xxx ixxxxxxxies provided in this Section 5 by Customer to Morgan Stanley and its affiliates shall be inapplicable in the evenx xx xnx xxxxxs, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any agreement of Morgan Stanley contained in this Agreement to the extent caused by xxxx xvxxx. Xxkewise, the indemnities provided in this Section 5 by Morgan Stanley to Customer and its successors and assigns shall be xxxxxxixxxxx xn 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 3 contracts
Samples: Commodity Futures Customer Agreement (Morgan Stanley Dean Witter Charter Welton Lp), Commodity Futures Customer Agreement (Morgan Stanley Dean Witter Charter Millburn Lp), Commodity Futures Customer Agreement (Morgan Stanley Dean Witter Charter Grahm Lp)
Limitation on Indemnities. The indemnities provided ixxxxxxtxxx xxxvided in this Section 5 by the Customer to Morgan Stanley and its affiliates shall be inapplicable in the evenx xx xnx xxxxxs, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any warranty, covenant or agreement of Morgan Stanley contained in this Agreement to the extent caused by xxxx xvxxx. Xxkewise, the indemnities provided in this Section 5 by Morgan Stanley to the Customer and any of its successors and assigns shall be xxxxxxixxxxx xn assignx xxxxl xx xxxpplicable 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
Samples: Commodity Futures Customer Agreement (Columbia Futures Fund)
