EFTA Document EFTA01390350

OS ARBITRATION 1. This section of the Account Agreement contains the pre-dispute arbitration agreement between Client and DBSI and Pershing, as applicable. who agree as follows: a. All parties to this Account Agreement (being Client. DBSI end Pershing) are giving up the right to sue each other in court, including the right to a teal by jury, except as provided by the rules of the arbitration forum in which a claim is fried, or as prohibited by Applicable Law: b. Arbitration awards itire generally final and binding; a Party's ability to have a court reverse or modify an arbitration award is very limited; c. The ability of the parties to obtain docuthents, witness statements and other discovery is generally more limited in arbitration than in court proceedings; • d. The arbitrators do not have to explain the reasunis) for their award, unless, in an eligible case, a joint request for an explained decision haS been submitted by all parties to the panel at least 20 days prior to the first schedilled hearing date; e. The panel of arbitrators will typically include a Minority of arbitrators who were or are affiliated with the securities industry; I. The rules of some arbitration forums may Umpose time limits for bringing a claim in arbitration. In some cases, a Claim that is ineligible for at bitrationmey be brought in court; end g. The rules of the arbitration forum in which the claim Is tiled, and any amendments thereto, shall be incorporated into this Account Agreement. 2. Subject to the preceding disclosure. Chant agrees to arbitrate any controversies Or disputes that may arise with DBSI or Pershing, whether based on events occurring prior to. on Of subsequent to the date of this Account Agreement. and including arty controversy arising out at or relating to any Account wittr DBSI, the construction, performance or breach of any agreement, or any duty arising from any agreement or other relationship with DB5I. to transactions with or through MI, or any controversy as to whether any issue is arbitrable. Any arbitration under this'Account Agreement shall be determined only before an arbitration panel set up by FINRA in accordance with its arbitration procedures or an exchange of whieh DBSI IS a member in accordance wIththe rules of that particular regulatory agency then in effect. Cllentmay enact In the first instance whether arbitration shell be by HNRA or a specific national securities exchange of which DBSI is a member, but failure to make such election by registered letter to Deutsche Bank Securities Inc., Compliance Department - Attention: Director of Compliance, 60 Well Street. 23rd Floor, Mail Stop NYC60-2330: New York, NY 10006-21K38 within two days after receipt of a written request from 0951 for such election..givers DBSI the right to elect the arbitration forum that will have jurisdiction over the dispute. Judgment upon arbitration awards may be entered in any court, state or federal, having jurisdiction. Any arbitration under this Account Agreement will be conducted pursuant to the Federal Arbitration Act and the laws of the Stem of New York. 3. Neither DBSI, Pershing nor Client(s) waive eny tight In seek equitable relief pending arbitration. No person shall bring a putative or certified class action to anntrabon, nor seek to enforce any pre-dispute arbitration agreement against any person who has.iniriated in court a putative class action or who Is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (a) the class certification is denied. or (b) the class is decentned, or (cline Client is excluded from the class by the court. Such forbearance to enforce an agreement to aibitrate shall not constitute a waiver of any debts under this agreement except to the extent stated herein. [THIS SPACE INTENTIONALLY LEFT BLANK) 13-AW1.44‘96 012145 OJ20I) CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) CONFIDENTIAL SDNY_GM_00241013 DB-SDNY-0094829 EFTA01390350