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EFTA01450070

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Ri)1 Netting of Payments "Multiple Transaction Payment Netting" [will not apply for the purpose of Section 2(c) of this Agreement.][will apply for the purpose of Section 2(c) of this Agreement to [all Transactions][the following Transactions or groups of Transactions: — (in each case starting from (the date of this Agreement][ [ON "Affiliate" [will have the meaning specified in Section 14 of this Arptement.][means Rk)1 1)1• I. Absence of litigation. For the purpose of Section 3(c):— "Speafied Entity" means in relation to Party A. "Specified Entity" means in relation to Party B, KIM No Agency. The provisions of Section 3(g) Iwill][wi0 not]• apply to this Agreement. Km)] Additional Representation [will][will not]• apply. [For the purpose of Section 3 of this Agreement. the following will constitute an Additional Representation:— If(i)1 Relationship Between Portia Each party will be deemed to represent to the other party on the date on which it enters into a Transaction that (absent a written agreement between the parties that expressly imposts affirmative obligations to the contrary for that Transaction):— RD1 R211 Non-Reliance. It is acting for its own account. and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on am• communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction, it being understood that information and explanations related to the terms and conditions of a Transaction will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party will be deemed to be an assurance or guarantee as to the expected results of that Transaction. Assessment and Understanding. It is capabl

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