EFTA01390349.pdf

. • eseitelfli "WS 10r044 • • c. In the event of the death of any owner, the surykrerfs)Shall immediately give DBSI written notice thereof. DBSI may. before or after receiving such notice, take such potion, requite such documents, retain such securities and/ or restrict transactions frith* Account as necessary forts protection against any tax, liability, penalty or loss Under any Present or future laws or otherwise. Any cosi resulting from the dearh of any °weer, or through the exercise by any decedent's estate, survivors (including other Account owners) or representatives of arty rights in the Account shall be chargeable against the interest Of the survivoils) as wall as against the Interest of the estate of the decedent. The estate of me decedent and each survivor linsluding other Aocount oweerel shell connouo to be jointly and severally liable to OBSI for any otdigition of the joint account or net debit balance or loss in said account until such time as DBSI distributes the assets in accordance with Clients' instructions. 22. Non-disclosure of Confidential and Motorist, Non-public Information. During the course of business, employees of 0851 may come into possession of confidential and material nbn-public irdormation. Under ApMicabie Law, such employees are prohibited from improperly disclosing or using such information for Mdir personal benefit or for the benefit of any other person, regardless of whether such other person is e Client of D851. Client understands that under Applicable Law. DBSI employees are prohibited frorn communicating such information to Client and that IASI shall have no responsibility or lianility to Client for lolling to disclose such information. 23. Third Party Authorization; No Agency. Client agrees that If Client aiithorizes third psrty(ies) (including, without limitation, any investment advisor or money manager) coact on Client's Account, such third partyfies) shall be bared by the Terms end Conditions of this Account Agreement. Client further agrees that unless otherwise agreed to in writing by 0651, third party(ies) at/merited by Client to act for Client, wnother or not referred to Client by DI3S1, is/are not, and shall not be deemed agents of ()Inland DBSI shall have no responsibility or liability to Cheater any acts or omissions of such third party, or any officers, enipibmies cr agents thereof. 24. No Legal, Tax or Accounting Advice. Client acknowledges and agrees that: (a) neither 0851. nor Pershing, provide any legal, tax or accounting advice. (b) neither OBSI nor Persning employees ere authorized to give any such advice and (e) Client will not solicit' uch advice or rely upon such sone° given in on or. whether or not in connotation with transactions in or for any of Client's Account(s). In making legal. tax or accounting decisions with respect to transactions in or for Client's Account(s) or any other miner, Client will consult with and rely upon Client's own adVisars, and not 1)8S1. Client acknowledges that OBSI shall have no liability therefore. 25. Limitation of Liability. Client agrees that. unless otherwise provided in any other agreement between Client and DeSior under Applicable Law. DBSI shall not be liable for env loss to Client exeept n the case of DBSI's gross negligence or willful misconduct. DBSI shall not be liable for lots caused directly or indirect' f by government restrictions, exchange or market rulings, suspension of trading, war, strikes, act of foreign or domestic terrorism or other conditions beyond DBSI's control. DBSI shall not tie liable for any damages caused by equipment failure, communications line failure, unauthorized acme:Abet systems failure and other oocurrences beyond DBSI's control. N. Customer Inquiries/Customer Comptsinia. For genital inquiries, Client will oontdot the Client Advisor or Branch Supervisor assigned to Client's Account(s) for questions.or assistance on any matter relating to these Account(s). Client must direct all formal complaints against DE451 or 'any of its employees to Deutsche Bank Securities Inc., Compliance Department - Client Inquiries, 60 Wall Street. 23n1Floor. Mail Stop NYC60-2330. New York, NY 10005-2836 or Client may call (212) 250.1085. 27. Entire Understanding. This Account Agreement contalnsthe entire understanding between Client end DBSI concerning the subject matter of this Account Agreement and there are no oral or other agreements in conflict herewith. The Toms and Genditionsof this Account Agreement shall apply to ench end every account and, collectively. any and all funds, money. Securities end Other Property that Client nes with DBSI and Supersedes my prior Account Agreement Client may have signed with DBSI. Client acknowledges that Client may be required to enter into separate agreements with respect to products or services offered by or through DBSI or its affiliates. 28. Right to Terminate or Amend. Client agrees that OBSI has the right to terminate this Account Agreement and close any related accounts or amend the Terms and Conditions of this Account Agreement at any time and for any reason by sending written notice of such termination or ameriement to Client. Any such termination or amendment shall be effective as of the date that.DBSI establishes. Client cannot waive, alter, modify or amend this AceouM Agreement unless agreed ern wnting and signed by DBSI. No failure or delay oo the part of DB51 to exercise any right or power hereunder or to Insist at any time upon stria compliance with any term contained In this Account Agreement, shell operate as a waiver of that right oc power or tem. 29. CoMrolling Law. This Account Agreement shall be deemed to have been made In the State of New York and shall be construed, end the rig* of the parties determined, in accordance with the taws of the State of New York and the United States, as amended, without giving easel to:the choice of law ot conflict-alaws provisions thereof. 30. Headings. Paragraph headings are for convenience only and shall not affect the meaning or interpretation of any provision of this Account Agreement. 31. Assignment, Separability, Survivability. This Acoubnt Agreninent shall be binding upon Client'sheirs. executors. administrators, personal representatives and permitted assigns. It shall inure to the benefit of DBSI's successors and assigns, or anysuccelsor clearing broker, to whom DBSI may transfer Client's Acedurit(s). ()BSI may, without notice to Client, assign the rights And duties under this Account Agreement to any of its Affiliates, or to any other non• affiliate entity upon writteo notice to Client. II any provision or Condit on of thiS Account Agreement shall be held to be invalid or unenforceable by any court, administrative agency or regulatory or sell-regulatory agency or body, such invalidity of unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected therebyend this Account Agreement shall be earned outas if any such invalid or unenforceable provision or condition were not contained herein. 32. The provisions of this Account Agreement governing Moitiellnri (Section III), controlling law (Section 11.29) and limitation of liability (Section 11.25) will survive the termination of this Account Agreement. 3-4%.1040I ea 011145 0321413 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0094828 CONFIDENTIAL SDNY_GM_00241012 EFTA01390349