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Power of administration
Client relationship no:
(hereinafter the “PoA”) The undersigned (hereinafter the “Client”) maintains, inter alia, securities in the above mentioned account with Clariden Leu Ltd (hereinafter the “Bank”) and concluded an Investment Portfolio Agreement (NonDiscretionary) with Clariden Leu Asset Management (UK) Ltd., London (hereinafter “CLAMUK”) regarding the Account. 1.
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The Client herewith authorizes and mandates CLAMUK to accept instructions with respect to the Account and to forward such instructions to the Bank. The Client herewith instructs the Bank to act on instructions received from CLAMUK with respect to the Account as if such instructions were received directly from the Client. The Client herewith accepts as fully binding all actions carried out by CLAMUK and all transactions or obligations entered into by CLAMUK on his behalf. In particular, CLAMUK is authorized and mandated to accept and transmit instructions regarding: • purchase and sale for the Account of the Client of securities, precious metals, currencies, futures, options, financial futures and rights of all kinds; • investments in fiduciary deposits with third party banks; • money wires, issuance of checks, deliveries of securities; • arrangements of borrowing facilities; • any other services offered by the Bank. The Client agrees that the instructions will be communicated by means of telephone or fax for the Client’s account with the Bank. CLAMUK will keep records for any such orders which will deem to be a valid proof such orders have been given. The Bank has no supervisory obligations whatsoever with regard to the transactions. In particular, the Bank is not obliged under any circumstances to check or investigate whether the instructions received from CLAMUK by the Bank correspond to the instructions received by CLAMUK from the Client. The Client hereby expressly authorizes the Bank to grant CLAMUK direct access to, or to disclose to it, all client related data by means of telephone, telex, telecopier, mail or any other means of telecommunication, including electronic data transmission. The Client is aware that the in-
Place and date:
856 338 10.07
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formation available at CLAMUK may be subject to disclosure to official bodies and authorities as well as private persons under the laws of the country where CLAMUK is located. The Client agrees that such access to, or disclosure of, information does not constitute a violation of secrecy laws to be observed by the Bank, which cannot be held liable for any damage caused by this accessibility or disclosure of data at the premises of CLAMUK. The Client hereby indemnifies the Bank, CLAMUK and their officers and employees against all liabilities, cost and damages of any kind which may be incurred by any of them and all actions or proceedings that may be brought against them in connection with this PoA unless due to the wilful default or negligence of the Bank, CLAMUK or any of their officers or employees. This PoA may be terminated in writing at any time. This PoA remains in effect even if the Client should die, be declared untraceable or incapacitated, or goes into bankruptcy (Art. 35 of the Swiss Code of Obligations). The Bank’s General Terms of Business and its Safe Custody Account Regulations apply in addition to the provisions of this PoA. The Client confirms to have received these Terms and Regulations, acknowledged them and recognized them as binding on him. This Power of Administration and all related powers shall he subject to Swiss Law in all respects (including its validity, interpretation and enforcement). Zurich 1 is the place of execution and collection for Clients domiciled abroad and represents the exclusive place of jurisdiction for all proceedings, regardless of Client domicile or residence. However the Bank reserves the right to take legal action against the Client in the court of competent Jurisdiction of his domicile or in any other competent court of Law.
Client’s signature:
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