2. The company shall not be liable for having acted in good faith upon instructions purporting to come from Me/Us but which, is subsequently discovered to, or may, emanate from unauthorized individuals or in any other circumstanceswhatsoever.
3. I hereby ratify and confirm all Instructions sent to the company prior to execution of this indemnity.
4. I/We undertake to keep the company indemnified at all times against all actions, proceedings, claims, loss, damage, costs and expenses which may be brought against or incurred by the company by reason of the company accepting the fax, internet, electronic mail, scanned copies of the documentation and/or instructions.
5. I/We hereby agree that where the company receives an e-mail from an e-mail address that is different from the e-mail address existing in the company’s records it shall not honor the instructions. If the company suspects an e-mail to have been tampered with or from a fraudulent source, it shall not honor the instructions.
6. The Company shall not be liable to Me/Us or any other person where:
- The e-mail instructions are not received by the company or receipt of mails from my/our e-mail address is temporarily or permanently barred
- The transaction details received do not contain the correct information;
- My/Our receipt of funds is intercepted by legal process or other encumbrance restricting the transfer; or
- Unforeseen circumstances prevent the execution of a request by the company despite any reasonable precautions taken by it. Such circumstances may include, but are not limited to acts of God, power outages, fire, flood, theft, equipment breakdowns, internal mechanical malfunction or bank system delays or failures.
- The present Letter of Indemnity shall be governed by the Laws of the Republic of Kenya and all disputes in relation thereto shall be submitted to the exclusive jurisdiction of the Courts of the Republic of Kenya. This authorization is given by me/us* to whom it may concern at the company and is valid until formal written revocation from me/us*