Deutsche Bank Shall Be Liable To JDFX for The Performance Deutsche Bank shall be liable to JDFX for the performance of its duties under the Prime Brokerage Agreement and Deutsche Bank agrees to indemnify JDFX against any direct losses, fees or expenses suffered or incurred by JDFX to the extent that such losses result from Deutsche Bank's gross negligence or willful misconduct and except for special, indirect, consequential, punitive and exemplary damages, lost profits and loss of business.