Investment Management Services Agreement Page 2
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THIS AGREEMENT is made this ……………. day of …………………… 200….
BETWEEN:
1.
……………………….(Insert full name of the Client)………………………, of address is Post Office Box Number
………………., (Town), in the Republic of Kenya, (hereinafter referred to as “Client” which expression shall where the
context admits include his/her personal representatives and assigns) of the first part:
AND:
2.
I & M BANK LIMITED a banking institution incorporated with limited liability in the Republic of Kenya for the
purposes hereof of Post Office Box Number 30238, 00100 GPO Nairobi, duly licensed as an Authorized Depository under
the Capital Market Authority Act, Cap.485A, (hereinafter referred to as the “Custodian” which expression shall where
the context admits include its successors in title and assigns) of the second part.
AND:
3.
INVESTMENTS & MORTGAGES NOMINEES LIMITED a company incorporated with limited liability in the
Republic of Kenya for the purposes hereof of Post Office Box Number 30238, 00100 GPO Nairobi (hereinafter referred to
as the “Nominee” which expression shall where the context admits include its
successors in title and assigns) of the
third part.
1.
DEFINITION AND INTERPRATATION
1.1
In this Agreement, unless the context otherwise requires:-
1.1.1
words denoting the singular number only shall include the plural number also and vice versa
and words importing the masculine gender includes the feminine gender and neuter and vice
versa;
1.1.2
references to sub-clauses, clauses, Sections and the Schedule shall be construed as references to
sub-clauses, clauses and sections of and the schedule to this Agreement;
1.1.3
the expression "person" shall include any legal or natural person, partnership, trust, company,
joint venture, agency, government or local authority department or other body (whether corporate
or unincorporated);
1.1.4
references to the “parties” shall mean the parties to this Agreement and “party” shall be construed
accordingly;
1.1.5
any statute or any provision of any statute shall be deemed to refer to any statutory
modification or re-enactment thereof and to any statutory instrument, order or regulation made
thereunder or under any such re-enactment;
1.1.6
references to indemnifying any person against any circumstance includes indemnifying and
keeping him harmless from all actions, claims and proceedings from time to time made against
that person and all loss or damage and all payments, costs and expenses made or incurred by that
person as a consequence of or which would not have arisen but for that circumstance;
1.1.7
references to “writing” shall include any mode of reproducing words in a legible non-transitory
form including facsimile, Email, Faxes or any other “on line” electronic communication as is
agreed from time to time between the Client and the Custodian; and
1.1.8
references to the “Client” shall include his/her survivor or survivors or the trustee and/or
Administrators of Estate.
1.1.9
“Account” means the Custody Account(s) defined in Clause 5.1 hereof.
1.1.10
“Act” shall mean the Capital Markets Authority its Act, Cap 485A of the Laws of
Kenya
IMS Agreement (Individual Investors)
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