EFTA01356948.pdf

(ii) any subordinate legislation 2.6 These Terms of Business: made under the statutory provision (whether before (a) will prevail and take precedence or after the date of these over any other terms ofbusiness sent Terms of Business); by Client to DB whether such other terms of business are sent by Client (c) "persons" includes a reference to before or after the date that Client natural persons, any body corporate, receives these Terms of Business; unincorporated society or and association, sole proprietorship. trust, partnership or other entity or (b) will amend and supersede any organisation; previously agreed tenns of business between Client and DB. (d) a person includes a reference to that person's legal personal 2.7 In the event of a conflict or inconsistency representatives, successors or between (a) any provision contained in assigns; these Terms of Business which is required in order for DB to comply with, (e) an agreement or a document or relates to, Applicable Law and (b) any includes a reference to the provision of any other agreement agreement or document as amended between DB and Client, the relevant from time to time: provision set out in these Terms of Business will prevail and take (f) a "clause", unless the context precedence. In the event of any conflict otherwise requires, is a reference to or inconsistency between (a) any other a clause of these Terms of Business; provision contained in these Terms of and Business and (b) any provision of any (g) the singular includes the plural and other agreement between DB and Client, vice versa, unless the context the provisions of such other agreement otherwise requires. between DB and Client will prevail and take precedence. 2.2 Words and expressions defined in Applicable Law have the same meaning 2.8 These Terms of Business shall always in these Terms of Business. apply and/or be interpreted in a way which is consistent with DBAG's 2.3 The headings in these Terms of Business obligations under Applicable Law. In the will not affect the interpretation of these event of a conflict between these Terms Terms of Business. of Business and Applicable Law, Applicable Law will prevail. In no event 2.4 Whenever the words "include", shall DB be obliged to take any action or "includes". "including" or "in particular" refrain from taking any action which DB are used, they are deemed to be followed believes would breach Applicable Law. by the words "without limitation". 2.9 For the purposes of these Terms of 2.5 Use ofthe word "may" means that a party Business, for clients of DB London, the has an option to exercise the right or terms "per se professional client", and perform the obligation in question while "elective professional client" shall use of the word "must" or "will" means have the meaning given to those terms that a party is required to exercise the in the FCA Handbook; and for clients right or perform the obligation in of other DB branches or offices question. located in the EEA (where 3123 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0043187 CONFIDENTIAL SDNY_GM_00189371 EFTA01356948