EFTA01356919

that DB may provide to Client and to notify DB promptly if it considers that it is unable to do so. 18. INFORMATION BARRIERS AND INDEPENDENCE 18.1 DB will not, in the course of providing services to Client, be obligated to make use of or disclose to Client (or where applicable, its principal or principals) information, whether or not unpublished and/or price sensitive, which is in the possession of any DB Entity, in circumstances where the DB Entity or the particular DB personnel who are at that time handling Client's (or where applicable, its principal's or principals') affairs are prevented from knowing or taking account of such information by reason of DB's information bathers or independence policies or Applicable Law. DB has an information control policy that states that information will only be shared between DB Entities and DB personnel on a need to know basis and only to the extent permitted by Applicable Law and that information from a particular client remains confidential to that client. 18.2 Although personnel of different DB Entities may work closely together. strict segregation of information is observed between personnel engaged in (i) research; (ii) sales and trading; (iii) asset management; (iv) corporate finance advisory; and (v) other banking activities; regardless of the DB Entity for which they might carry on their duties. 18.3 DB personnel will provide Client with services on the basis of the information known to the particular personnel who are at that time handling Client's (or where applicable, its principal's or principals') affairs. 19. RESEARCH AND OTHER DATA 19.1 DB may publish research or recommendations from time to time to all or any of its clients but will be under no obligation to disclose or take account of such research or recommendations when dealing with or for Client. 19.2 The terms covering any provision of research to Client will be provided to Client separately. 19.3 DB will be under no obligation to update, modify or amend research or to otherwise notify Client or any other recipient in the event that any matter stated therein, or any opinion, projection. forecast or estimate set forth therein, changes or subsequently becomes inaccurate, except if research on the subject company is withdrawn. 19.4 Material provided to Client (or where applicable, its principal or principals) by a sales or trading function within DB that is not labelled or described as investment research will not be produced, reviewed or edited by the DB research department. Any opinions expressed in such material may differ from the opinions expressed by other DB departments including the DB research department. Sales and trading functions may have interests, relationships or arrangements which the research department does not face. The DB Group may engage in transactions in a manner inconsistent with the views discussed in such material. 19.5 Subject to the terms of any written agreement between Client and the relevant DB Entity material which is made available by any DB Entity to Client including research, recommendations, pricing information and market data (and all intellectual property and other rights in the same) will, as between Client and the relevant DB Entity, remain the exclusive property of the relevant DB Entity and will be used 13123 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) CONFIDENTIAL DB-SDNY-0043120 SDNY_GM_00189304 EFTA01356919