29.2 Subject to clause 29.1 DB will not be liable in contract, tort (including negligence) or otherwise for any loss of revenue, profits, business or goodwill, or for any indirect or consequential loss, which arises out of or in connection with services provided under these Terms of Business even if DB has been advised of the possibility of such losses. 29.3 Without prejudice to any liability or obligation arising under Applicable Law, no DB Entity or their officers, employees, servants, agents or representatives will be liable for any loss, liability or expense suffered or incurred by Client arising directly or indirectly out of or in connection with its or their investment business with or for Client unless such loss, liability or expense arises from its or their respective negligence, wilful default or fraud. 30. FORCE MAJEURE 30.1 Neither the Client nor any principal nor DB will be liable to any party (whether under these Terms of Business, or otherwise) for any partial performance or non-perfomtance of their obligations under these Terms of Business arising wholly or partly as a result of an event or state of affairs which was beyond its power to prevent and the effect of which was beyond its power to avoid, including: (a) failure of transmission or communication facilities; (b) absence of a functioning market as determined by DB in its sole discretion; and (c) error or default of Client or any Exchange, market or Cleating System. 31. ASSIGNMENT 31.1 Subject to clause 31.2 no Party may assign, pledge or otherwise encumber its rights under these Terms of Business without the prior written consent of the other Parties. 31.2 Provided it gives notice in writing to Client, DB may (without obtaining Client's prior written consent) assign, pledge or otherwise encumber its rights under these Terms of Business to: (i) any DB Entity; and/or (ii) a successor pursuant to a merger, consolidation or sale of al