Ascendas India Trust - Annual Report 2015 - page 231

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3.
The Report will reflect matters as they currently exist. Changes may materially affect the information contained in the Report.
4.
All assumptions made in order to determine the valuation of the identified property(ies) will be based on information or
opinions as current. In the course of the analysis, C&W would be relying on information or opinions, both written and
verbal, as current obtained from the Clients as well as from third parties provided with, including limited information on the
market, financial and operating data, which would be accepted as accurate in bona-fide belief. No responsibility is assumed
for technical information furnished by the third party organizations and this is bona-fidely believed to be reliable.
5.
No investigation of the title of the assets will be been made and owners’ claims to the assets will be assumed to be valid.
No consideration will be given to liens or encumbrances, which may be against the assets. Therefore, no responsibility is
assumed for matters of a legal nature.
6.
C&W’s total aggregate liability to the Client including that of any third party claims, in contract, tort including negligence or
breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated
performance of the services is limited to an aggregate sum not exceeding 3 times the total fees paid for each instructions
accepted. C&W shall not be liable for any pure economic loss, loss of profit, loss of business, depletion of goodwill, in each
case whether direct or indirect or consequential or any claims for consequential loss compensation whatsoever which, arise
out of or in connection with services provided under this engagement.
7.
C&W endeavours to provide services to the best of ability and in bona-fide good faith. The proposed services and/or work
product of C&W shall be only for the use of the Client and the Authorised Parties. If the Client allows any third party other
than any of the Authorised Parties to use or rely thereon the work product of C&W, it shall be at the sole risk of the Client
and there shall be no liability on C&W (including its Directors, and employees) towards any third party claim for damages,
economic loss or damage suffered arising out of or in connection with the services proposed to be rendered, direct or indirect
due to whatsoever reasons and however the loss or damage is caused. The Client shall assist and cooperate with C&W to
defend any third party claim before any court of law or authorities, and indemnify C&W of the cost of such proceedings.
8.
The Client including its agents, affiliates and employees, must not use, reproduce or divulge to any third party any information
it receives from C&W for any purpose save as provided in the Agreement and should take all reasonable precautions to
protect such information from any sort of disclosure.
9.
In the event of any party wants to disclose any information it shall take prior written consent of C&W and shall make only
such disclosures as allowed by the C&W. However, the non-disclosure condition shall not apply to any information that is
already in the public domain or required by any court of law or authorities under any law. In such an event the disclosing
party shall intimate the other party before making such disclosure.
10.
This engagement shall be governed by and construed in accordance with Indian laws and any dispute arising out of or in
connection with the engagement, including the interpretation thereof, shall be submitted to the exclusive jurisdiction of
courts in Bangalore.
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