EFTA01356957.pdf

32.4 The following clauses of these Terms of affect the other provisions ofthese Terms Business will survive its termination and of Business which will remain in full continue indefinitely: I (Definitions), 2 force and effect. (Interpretation), 6 (Regulatory Compliance), 14 (Client Money), 21 33.4 Waiver. A failure to exercise or delay in (Personal Data), 22 (Use of exercising a right or remedy provided by Information), 23 (Charges and Interest), these Terms of Business or by law does 24 (Set-ce), 25 (Rights over Client not constitute a waiver of the right or Investments), 29 (Liability), 30 (Force remedy or a waiver of other rights or Majeure), 32 (Termination) and 33 remedies. No single or partial exercise of (General). a right or remedy provided by these Terms of Business or by law prevents 33. GENERAL further exercise of the right or remedy or the exercise of another right or remedy. 33.1 Notices. Any notice to be served on DB under these Terms of Business 33.5 Relief. The rights and remedies provided (including notices to be provided by these Terms of Business arc under clause 32.1) must be in writing, cumulative and are not exclusive of any in English and served on the rights or remedies provided by law. Each Compliance Department, Winchester Party acknowledges that financial House, 1 Great Winchester Street, compensation may be inadequate London EC2N 2DB and (where protection or compensation to the other applicable) the Compliance Party for any breach of these Terms of Department of other DB branches or Business. Without prejudice to any other offices located in the EEA, at the rights and remedies otherwise available address separately notified to you. Any each Party agrees not to oppose the notice to be served on Client under granting of injunctive relief in favour of these Terms of Business may be sent the other Party on the grounds of failure to Client's head or registered office or or potential failure to prove actual to any other address notified by Client damage. to DB. 33.6 No Implied Relationship. Nothing 33.2 Variation. DB may amend or modify contained or implied in these Terns of these Terms of Business by giving Client Business creates a joint venture or written notice setting out the relevant partnership between the Parties or makes changes and/or by DB making such one Party the agent or legal representative changes available on the following of the other Party for any purpose. website: 33.7 Rights of Third Parties. (i) Subject to hups://www.db.com/compangen/terms- paragraph (ii) below, a person who is not of-lamitier.lat or in such other manner a party to these Terms of Business has no as reasonably considered appropriate by right under the Contracts (Rights ofThird DB. Such changes will become effective Parties) Act 1999 to enforce any term of on a date to be specified in the notice or these Terms of Business: and (ii) Client on the website. Client may only amend or acknowledges that DB has entered into vary these Terms of Business with the these Terms of Business for its own prior written agreement ofDB. benefit and for the benefit of each DB 33.3 Severabilitv. If any provision of these Entity and that these Terms of Business Terms of Business is held illegal, invalid arc intended to be enforceable by each or unenforceable such illegality, DB Entity by virtue of the Contracts invalidity or unenforceability will not (Rights of Third Parties) Act 1999. 19123 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0043203 CONFIDENTIAL SDNY_GM_00189387 EFTA01356957