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<br />transactions through the account that directly or indirectly involve or are related to unlawful Internet gambling, including, without
<br />limitation, the acceptance or receipt of any funds or deposits in connection therewith.
<br />8. Overdrafts.
<br />8.t The Bank may debit the Account even though the debit may bring about or increase an overdraft. Unless otherwise agreed in writing,
<br />any overdraft shall be immediately due and payable by the Customer to the Bank. If the Bank permits an overdraft, the Bank is
<br />authorized to charge interest on the amount of the overdraft as long as the overdraft is outstanding, at the rate determined by the Bank,
<br />up to the maximum rate permitted by law at the time of the overdraft or at the specific rate agreed in writing between the Customer and
<br />the Bank. Whether or not the Bank pays an Item that brings about or increases an overdraft, the Bank may deduct the applicable
<br />overdraft fees and expenses from the Account without notice. Unless agreed in writing, the Bank is under no obligation to permit any
<br />overdraft or to continue to permit overdrafts after having permitted an overdraft, notwithstanding any prior action or course of dealing.
<br />8.2 When Items and other debits to the Account are presented to the Bank for payment oh the same day and there are insufficient available
<br />funds in the Account to pay all of these transactions, the Bank may choose the order in which it pays transactions, including, without
<br />limitation, the largest transaction first or any other order determined by the Bank, in its sole discretion.
<br />9. Agents; Information.
<br />The Customer authorizes the Bank to retain an agent to perform data processing, collection and other services that the Bank considers
<br />necessary or desirable and to modify or terminate the Bank's arrangements with the Bank's agents at any time. The Customer agrees
<br />that requests, Instructions, and information with respect to Accounts, the Customer itseH, or transactions to be disclosed in accordance
<br />with the Account Terms, may be transmitted across national boundaries and through networks, including networks owned and operated
<br />by third parties. The Customer authorizes the Bank to disclose information with respect to any Account and Service, the Customer
<br />itself, or any transaction in which: (i) the disclosure, in the Bank's opinion, is necessary or desirable for the purpose of allowing the Bank
<br />to perform its duties and to exercise its powers and rights hereunder; (ii) the disclosure is to a proposed assignee of the rights of the
<br />Bank; (iii) the disclosure is to a branch, affiliate, subsidiary, employee or agent of the Bank or to its auditors, regulators or legal advisers;
<br />(iv) the disclosure is to the auditors of the Customer; or (v) the disclosure is permitted or required by law, regardless of whether the
<br />disclosure is made in the country in which the Customer resides, in which the Account is maintained, or in which the transaction is
<br />conducted.
<br />10. Liability Limitation; Force Majeure.
<br />t O, t The Bank, its agents, employees, officers and directors, shall not be liable for any tlamage, loss, expense or liability of any nature which
<br />the Customer may suffer or incur, except to the eMent of direct losses or expenses attributable to the gross negligence or willful
<br />misconduct of the Bank, its agents, employees, officers or directors. The Bank, its agents, employees, officers and directors shall not, in
<br />any event, be liable for indirect, special, consequential or punitive loss or damage of any kind (including, but not limited to lost profits),
<br />whether or not foreseeable, even if the Bank, its agents, employees, officers or directors have been advised of the likelihood of such
<br />loss or tlamage, and regardless of whether the claim for loss or damage is made in negligence, gross negligence, for breach of contract
<br />or otherwise; provided, however, that the foregoing shall not apply to the eMent such loss or damage is caused by fraud on the part of
<br />the Bank, its agents, employees, officers or directors.
<br />'10.2 Neither the Bank nor the Customer shall be liable for any loss or damage to the other for its failure to perform or delay in the
<br />performance of its obligation resulting from an act of Gotl, act of governmental authority, de jure or de facto, legal constraint, war,
<br />terrorism, catastrophe, fire, flood or electrical, computer, mechanical or telecommunications failure, or failure of any agent or
<br />correspondent, or unavailability of a payment system, or any cause beyond its reasonable control.
<br />� t . Indemnity.
<br />The Customer agrees to indemnify and hold the Bank, and its agents, employees, officers and directors, harmless from and against any
<br />and all claims, damages, demands, judgments, liabilities, losses, costs and expenses (including attorneys' fees) resulting directly or
<br />indirectly from: (i) the Bank's acceptance or execution of any request or direction, including, without limitation, Items and Instructions
<br />issued in the name of an Authorized Person; or (ii) the Bank's payment of any taxes, interest or penalty otherwise due from the
<br />Customer paid on the Customer's behalf, or for which the Bank has no responsibility under the Account Terns.
<br />12. Notices.
<br />All Account Statements and notices may be sent to the Customer by ordinary mail, courier, facsimile transmission, electronic
<br />transmission (including but not limited to SWIFT communication), through interne[ sites, or by such other means as the Customer and
<br />the Bank agree upon from time to time, at the address of the Customer on the books and records of the Bank. Unless otherwise
<br />arranged, all notices to the Bank must be sent to the Bank to the officer or service representative managing the Account, and must be
<br />sent by ordinary mail, by courier, by facsimile transmission, by electronic transmission or by such other means as the Customer and the
<br />Bank agree upon from time to time. The Bank shall have a reasonable time to act on any notices received.
<br />13. Termination.
<br />Unless otherwise agreed, either the Bank or the Customer may close an Account or terminate a Service by giving the other party not
<br />less than thirty (30) calendar days' prior written notice of intent to close or terminate. Notwithstanding the foregoing, either party may
<br />PN: 350914 DOC ID: 2 Page I4 of SI
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