EFTA Document EFTA01390415

c. In the event of the death of any owner, the stirinvor(s) shall ImmediateN give 0851 written notice thereof. DBSI may, before or after rocelying such notice take such action. require such documents, retain such securities and! or restrict transactions in the Account as necessary for its protection against any tax, liability, penalty or loss under any present orluture taws nr etherwkle. Any cost resulting from the.cieeth of any owner, or torough the exercise by any decedent's estate. survivors (including other Account owners) or representatives of any tights In the Account shall be chargeable MOMS! the Nutmeat Ihp survive/hi as weir as against the interest of Lieestate of the decedent. The estate et ma sloceonnt and each curve/el Onciuding other Account owners' shall Centime to be Jointly and severally gable to DBSI for any obligation of the joint account or net debit balance or ton in said account until such time ea DBSI distributes Me assets in accordance with Clients' Instructions. 22. Nondisclosure of Confidential end Material, Nonpublic, Information. During the course of business, employees of 08SI may come Iota possession pf confidential end materiel non-public tolormation linens Appeoebie Law. such employees are prohibited from Impropeny disclosing or 'using such Information for Molt personal benefit or for fire benefit of any ether parson. regardless of whether such other norson 0 a Client Of 08SI. Client understands than under Applicable Law, OBS( emoloyeeS ore prohibited flora COlnrnurdcating such information to Client and that DOSI shall have no reepohalbility or liability to Client for failing to disclose such Information. 23. Third Party Authorization; No Agana,. Chant agrees that It Client authorizes third pertY0eS) Oneluding, whnout limitation, any investment advisor or money manager) to act on Client's Account, such thirdPanYtosi shell be bound by the Tonne end Conditions of this Account Agreement. Client further agrees that unless otherwise agreed to in wet in9 by DBSI, third party(ies) authorised by Client to act for Client whether or not telonen to Cheat by CBSI, isfare not. and shall not ho doomed agents of DBSI and DBSt shall have no rospertskility or liability to Chant rot my acts or °millstone of such third party, or any of fleets, employees or agents thereof. 24 No Legal, Tax tic Accounting Advice. Client acknowrodges eMd agrees that: (a) neither pew. nor Pershing, provide any legal. tax w accounting advice. IN neither COSInariPorshing employee° are authorised TO give any such advice and KJ Client will not solicit suchadvice of rely upon such advice given in error, whether or not in connection with trensections in or for tiny of Client's Acensungs). In making legal, tax or accounting decisions with respect to transactions In or for Client's Aocount(s) or any other matter, Client wit consult with and rely upon Client's own advisers, and not D851. Client ackhowtodgos Mat 0851 shall haw he liability thereinto. 25. limitation of Liability. Ghent agrees that, unless otherw3se provided In any other agreement between Client end D1361 or under Applicable Law, 0851 shaft not be Cable for any loss to Client except in trio oasts of DOSVe gross negligence or willful misconduct. 0051 she N not be liable for loss Caused directly or indirectly by government restrictions, coushange or market rulings, susponikOn of trading. war, strikes, act of foreign or domestic tenorlam or . ether conditions beyond DISSI's cannot CRSI.sholi not be liable sot any damages caused by equipment failure, oommUnications into team, unauthorized access, theft systems failure and other occurrences beyond DaSts control. 28. Customer InquirtosiCustemer Coureleinte. For goneralingtIMOS. Client will contact the Client Advisor or Bremen Supervisor assigned to Cliont'e Accounts) for questions or assistance on any metier relating to these Account(. Client must direct ell formal complaints against OBS1 °yew of its employees to Deutsche Bank Seen/idea Inc.. Comptience Dipertnient • Client Inquiries. 60 Well Street 23rd Floor, Meil Stop NYC60-2330, New York, NY 10005-2836 or Client may all (2121260-1085. 27. Entire Understanding. This Account Agreement contains tho entire understanding between Client and DB.Si concerning the oubloothunter of this Account Agreement and there em no Mel or other agreements in conflict herewith. The Term, end Cnncetionts of this Account Agarernent *Moine* to each and every account end, collectivity. any and eft funds, money, Securities and Other P that Client has with DOSI arid supersedes ally prior Account Agreement Client may have signed with DOSE Client acknowledges that Client may be required le enter into separate agreements with respect to products or services offered by or through DB51 or its affiliates. 2a. Right to Terminate or Amend. Client agrees that DBSI has the tight to terminate this Account Agreement and close any related accounts or emend MO Terms end Conditions of this Account Agreement et any time end for any reason by sending written notice of such ternilnation or amendment to Client. Any such tormlnatiOo nr amendment shall be effeCtiVe ea of the date that DBSI establishes. Client Cannot waive. alter, modify or emend this Account Agreement unless agreed In writing end signed by 0B91. No failure or delay en the part of DOSI to exorable any rightly power hereunder or to Insist at apy time upon yoke conpliande with any term contained in this Account Agreement, shall operate es a waiver of that right or pOWarrar 29. Controlling Law. This Account Agreement shell loo ceireiced to have been made In the State of New York end shall be construed. and the rights of the parties determined, In accordance with the laws of the State of New York and rite United States, as amended, without giving effect to the shrike of law or coriflicsoilaws provisions thereof. 30. Headings. Paragraph headings are for convenience only and 'hall not affect the meaning or Interpretation of any provision of this Account Agreement. 31. Assignment. Separability, Survivability, This Amount Agreement shell be binding upon Client', heirs. executes, administrators, personal representatives sod eirtmittodassIgns. le Shell Imre to the benefit of DIISI's sUCceSSOIS and assigns, or any successor cleating broker, to whom DBSI may transfer Client's Accounts). DBSI may, without notice to Client ensign the rights and duties under this Account Agreement to any of its Affiliates, or to any other non- affiliate entity upon written notice to Client. If any provision Or condition of this Account Agreement shell be hold et• be invalid or unenforceable by any court administrative agency or regulatory o mill.reguielory agency or body. such invalidity pounenteroeebilityisball ettsoh only to such provision or °andel:in. The validity at the rentainIng provisions end conditions shall not De affected TherebY, and this Account Agreement shell be carried out as It any such Invalid or uneptorceeble provision or condition ware nut contained heroin. 32. The provisions of this Account Agreement governing arbitration (Section IN, controlling law (Section 129) end limitation of gabalty (Section 11.25) will !onion the aminelion of this Account Agreement. INayintadall a eiplaStOZ013 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) CONFIDENTIAL D B-SD NY-0094918 SDNY_GM_00241102 EFTA01390415