Common use of WHEN ▇ Clause in Contracts

WHEN ▇. ▇. ▇▇▇▇▇▇ IS LIABLE TO CUSTOMER 7.1 Standard of Care; Liability (a) ▇.▇. ▇▇▇▇▇▇ shall use reasonable care with respect to its obligations under this Agreement and the safekeeping of Financial Assets and cash. (b) In no event shall ▇.▇. ▇▇▇▇▇▇ be liable for any indirect, incidental, consequential or special damages (including, without limitation, lost profits or business) of any form incurred by any person or entity, whether or not foreseeable and regardless of the type of action in which such a claim may be brought, resulting from ▇.▇. ▇▇▇▇▇▇’▇ performance under this Agreement, or ▇.▇. ▇▇▇▇▇▇’▇ role as a service provider to the Customer. (c) ▇.▇. ▇▇▇▇▇▇ shall indemnify and hold the Customer and the Funds, their Affiliates, and their respective directors, officers and employees (collectively, “Customer Indemnitees”) harmless from and against any and all Liabilities that may be imposed on, incurred by or asserted against any of the Customer Indemnitees in connection with or arising out of ▇.▇. ▇▇▇▇▇▇’▇ refusal or failure to comply with the material terms of this Agreement; ▇.▇. ▇▇▇▇▇▇’▇ breach of any material representation made by it herein; ▇.