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EFTA01581744

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Execution Copy Part 5 Other Provisions (a) (b) SooPe of Agreemem- Any Specified Transaction (whether now existing or hereafter entered into) between the parties, the confirmation of which fails by its terms expressly to exclude application of this Agreement. shall be governed by and be subject to this Agreement. Any such confirmation shall be a tonfonation". and any such Specified Transaction shall be a "Transaction, for all purposes of this Agreement. Definitions. Unless otherwise specified in a Confirmation, this Agreement and each Transaction between the parties are subject to the 2000 ISDA Defnitions as published by the International Swaps and Derivatives Association, Inc. (the "2000 Definitions"), and oil be governed in aft relevant respects by the provisions set forth in the 2000 Definitions, without regard to any amendment to the 2000 Definitions subsequent to the date hereof. The provisions of the 2000 Definitions are incorporated by reference in and shall be deemed a part of this Agreement, except that references in the 2000 Definitions to a 'Swap Transaction' shag be deemed references to a 'Transaction' for purposes of this Agreement. (e) Confirmations. Each Confumation shall be substantially in the form of one of the Exhibits to the 2000 Definitions or in any other form that is published by the International Swaps and Derivatives Association, Inc. Or in such other form as the parties may agree. (d) Independent Reliance. The parties agree to amend Section 3 of this Agreement by the addtion of the following provision at the end thereof and marked as subsection (g). (0) •(g) Independent Reliance• It is entering into this Agreement and wdl enter into each Transaction in rekance upon such tax, accounting, regulatory, legal, and financial alvice as it deems necessary and not upon any view expressed by the other party.' Change of Account. Section 2(b) of this Agreement is hereby amended by the addition of the following after the wor

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