i
<br />(ii) pay the amount of the Deduction as required by applicable law;
<br />(iii) increase the payment in respect of which the Deduction is required so that the net amount received by the Bank after the Deduction
<br />shall be equal to the amount which the Bank would have been entitled to receive in the absence of any requirement to make any
<br />Deduction; and
<br />(iv) deliver to the Bank, within thirty (30) days after it has made payment to the applicable authority, a certified copy of the original receipt
<br />issued by the authority, evidencing the payment to the authority of all amounts required to be deducted.
<br />(c) All Fees are exclusive of Taxes. In addition to any Fees or other amounts due and except to the extent the Bank is otherwise
<br />compensated for such Taxes under this Section 6, the Customer will pay or reimburse the Bank for any Taxes which the Bank is required
<br />to account for to any tax authority under any applicable law and, where required by applicable law, the Customer shall account for any
<br />Taxes directly to the applicable tax authority.
<br />6.3 Documentation and Information. The Customer will provide the Bank with such documentation and information as the Bank may require in
<br />connection with taxation, and warrants that such information is true and correct in every respect and shall immediately notify the Bank if any
<br />information requires updating or correction.
<br />7. Account Statements.
<br />The Bank will issue Account statements, confirmations, or advices ( "Account Statements') at the frequency and in the manner advised to the
<br />Customer from time to time. The Customer is responsible for ensuring that an Authorized Person promptly examines each Account Statement
<br />and any accompanying Items that are made available to it by the Bank, and reporting any irregularities to the Bank in writing, including any
<br />claim of unauthorized funds transfer activity. The Bank shall not be responsible for the Customer's reliance on balance, transaction or related
<br />information that is subsequently updated or corrected or for the accuracy or timeliness of information supplied by any third party to the Bank.
<br />Internet Account Statements or electronic Account Statements, if applicable, shall be deemed by the Customer and the Bank to be available to
<br />the Customer when the Account Statements are posted on the internet and the Bank sends an electronic mail notification of availability to the
<br />Customer, or when the Bank sends the electronic Account Statement to the Customer. For purposes of determining when an Item is sent to
<br />the Customer, an image of an Item or information identifying the Item (i.e. Item number, amount and date of payment) is a sufficient substitute
<br />for the actual Item.
<br />8. Overdrafts.
<br />8.1 Overdrafts. The Bank may debit an Account even if the debit may cause or increase an overdraft. Unless otherwise agreed in writing, any
<br />overdraft shall be immediately due and payable by the Customer to the Bank. If the Bank permits an overdraft, the Bank is authorized to
<br />charge interest on the amount of the overdraft as long as the overdraft is outstanding, at a rate determined by the Bank, up to the maximum
<br />rate permitted by law at the time of the overdraft or at the specific rate agreed in writing between the Customer and the Bank. Subject to
<br />applicable law, interest shall accrue on any negative balance in an Account notwithstanding closure of the Account and /or termination of these
<br />Account Terms. If the Bank pays an Item that causes or increases an overdraft, the Bank may deduct applicable Fees and expenses from the
<br />Account without notice. Unless otherwise agreed in writing, the Bank is under no obligation to permit any overdraft or to continue to permit
<br />overdrafts after having permitted an overdraft, notwithstanding any prior action or course of dealing.
<br />8.2 Order of Payment. When Items and other debits to the Account are presented to the Bank for payment on the same day and there are
<br />insufficient available funds in the Account to pay all of these transactions, the Bank may choose the order in which it pays transactions,
<br />including the largest transaction first or any other order determined by the Bank, in its sole discretion.
<br />9. Set Off.
<br />The Bank may at any time, without prejudice to any other rights which it may have, and without prior notice or demand for payment, combine,
<br />consolidate or merge all or any of the Accounts of the Customer or may retain, apply or set off any money, deposits or balances held in, or
<br />standing to the credit of, any Account in any currency towards payment of any amount owing by the Customer to the Bank or any of its affiliates.
<br />The Bank shall be entitled to accelerate the maturity of any time deposit or fixed term deposit. For the purposes of this Section the Bank may
<br />effect currency conversions at such times or rates as it may think reasonable and may effect such transfers between any Accounts as it
<br />considers necessary. The Customer grants to the Bank a lien and security interest in any Accounts of the Customer at the Bank, in order to
<br />secure any and all obligations and liabilities of the Customer to the Bank or any of its affiliates.
<br />10. Agents; Information.
<br />10.1 Confidential Information. The Bank agrees to take customary and reasonable measures to maintain the confidentiality of Customer
<br />confidential information. The Customer authorizes the Bank and its affiliates to disclose Account opening documentation, information with
<br />respect to any Account or Service, any banking transaction, and the Customer itself, including Customer confidential information, in order to
<br />provide the services under the Account Terms, Account Documentation and Service Terms, for compliance with legal and regulatory
<br />requirements, and for the Bank's operational purposes, risk management and compliance with internal policies: (i) to unaffiliated third parties,
<br />including the transmission of information to other banks and clearing houses and through channels and networks operated by third parties, and
<br />to agents of the Bank, (ii) to a proposed assignee of the rights of the Bank; (iii) to branches and affiliates of the Bank; (iv) to the auditors, legal
<br />advisers and consultants of the Bank, its branches and affiliates; (v) to the auditors of the Customer; (vi) to the Bank's or its affiliates' or the
<br />PN: 1125418 DOC ID: 5 Page 20 of 51
<br />
|