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1 4. General Provisions. I ME 111111 I 1 (a) Representations and Warranties. The following representations and warranties shall be deemed to be made and repeated by the Customer upon entry into any Trader Contract. The Customer represents and warrants that: a) each Trader Contract is entered into by the Customer for the purpose of hedging its exposure to currency fluctuation and not for purposes of speculation; b) the Customer is acting for its own account, and has made its own independent decisions to enter into each Trader Contract as to whether such Trader Contract is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary; and c) the Customer is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of such Trader Contract and is also capable of assuming, and assumes, the risks of such Trader Contract. (b) Disclaimer of Advice. The Customer acknowledges that the Service does not purport to provide any financial, investment, tax, accounting or legal advice; and no information on the FX Payment System constitutes a recommendation that the Customer enter into a particular FX transaction. JPMorgan is acting in the capacity of an arm's length contractual counterparty to the Customer in connection with any FX transaction that the Bank enters into with the Customer, not as a financial advisor or a fiduciary. (c) Master Foreign Exchange Agreements. If the Customer and the Bank have entered into, or hereafter enter into, any master agreement relating to foreign exchange contracts, Trader Contracts shall be govemed by and font part of any such agreement, and shall be subject to the cancellation and close out provisions of any such agreement providing for liquidation of foreign exchange contracts upon the occurrence of specified events (including those provisions relating to close out netting). ®2011 JPMorgan Chase & Co. All Rights Reserved. JPMorgan Chase Bank, N.A. Member FDIC. Eligibility for particular products and services is subject to final determination by J.P. Morgan and /or its affiliates. PN: 1125418 DOC ID: 6 Page 51 of 51