Lux Real Estate Investments SA has outsourced its critical regulatory, fiscal, administrative operations as well as most back-office processes to reputable service providers like depository banks, administrators, paying and calculation agents, security trustees etc. With streamlined workflows investors can be assured of faultless operations, full regulatory compliance and safe and secure transactions. Incidentally we utilize also experts like rating agencies, tax advisors and law firms for statutory and regulatory issues.
All arrangements with Service Providers are institutionalized in written agreements setting fair terms. Lux Real Estate Investments SA may replace Service Providers and/or amend arrangements if needed. For their services rendered as Service Providers, each of the Service Providers will be entitled to receive a fee and compensation of costs as indicated in the Offering Memorandum.
The Service Providers only act in a function as service provider to Lux Real Esate Invetsments and the applicable Compartment and are not responsible for the activities of Lux Real Estate Investments SA. The Service Providers are not an investment or other adviser and will not participate in any investment decision-making process.
The liability of the Service Providers, in any of their functions, toward the Issuer is limited to damage resulting from their fraud, gross negligence, bad faith or willful misconduct. No Service Provider can be held liable for any Force Majeure Event. Lux Real Estate Investments SA declares that it is prepared to indemnify each of the Service Providers generally against any liability with respect to losses and damages that have occurred, which were imposed on it within the framework of fulfilling its tasks and duties under the applicable agreements, insofar as they are not the result of fraud, gross negligence, bad faith or willful misconduct.
Additionally, without prejudice to the agreed fees for these services, Lux Real Estate Investments SA shall pay all the reasonable out of pocket expenses of the Service Providers (including, without limitation, reasonable attorneys' fees and costs) incurred by any by any of the Service Providers in connection with the respective agreements.