Common use of No Performance Guarantee Clause in Contracts

No Performance Guarantee. The Customer acknowledges that the Company does not in any way guarantee the performance of the Portfolio/Securities and shall not be responsible for any loss sustained except where such loss arises solely out of its acts and omissions done or suffered in manifest bad faith or through gross negligence, gross misconduct, willful neglect, willful fault or breach either of the provisions, terms and conditions of this Agreement which, in any manner, materially and adversely affects the value of the Portfolio/Securities or any applicable law or regulation or requirement of any regulatory body in the relevant jurisdictions.

Appears in 4 contracts

Sources: Master Service Agreement, Master Service Agreement, Master Service Agreement