EFTA01390401

10. Notices, Notices and other communications may also be provided to Client verbally. Such notices and other communications let for Client on Client's answering machine, voice mail, electronic mail or otherwise, are considered to have been delivered to Client whether actually received or not. Transactions entered into Client's Account shall he confirmed by °BSI in writing where rewired by law or regulation. DB51 will not send separrite confirmations for the following transactions: (a) dividends or distributions credited or reinvested, or transactions effected pursuant to a Dividend Reinvestment Plan, Ib) shares of money market funds thar are purchased or redeemed, or ere pert of the Cash Sweep Options, Or transactions effected pursuant to a periodic plan or en investment company plan. Clients periodic account statements will reflect these transactions. Notices concerning all matters related to Aocounds) usually wilt go through ()BSI although Pershing may send notice(s) directly to Client with a duchess° to DBSI should market conditions, time constraints or other circumstances so require. 11. Possible Confkle of Interest. Services and recommendations that 0851 provides to Client may differ from the services and recommendations provided to other Chants or by other Individuals er groups at 0851.indfor affiliates of Deutsche Bank AG, whether ;toting es principei or agent. 0051 provides investment ethane, portfoSo inamegoment and execution services for Many Clients end, In addition, acts as principal in various markets. Given these different roles, individuals and groups at DBSI and offiliates of Deutsche Bank AG etc seldom of one view es to an investment strategy and may pnrsue differing or oonfficting strategies. Cniployeas of DBSI shell have no obligation to recommend to Client, or inform Client of, strategies being pursued by DBSI or other Clients. Further. (a) Des% and its affiliates may provide Services tar a fee to or solicit business from companies whose securities aro 'ecommondea 0651, 011.51 and its affiliates may be paid lees by Investment companies registered canon the lovestment Company Act of 1940 or other investment vehicles. including without [imitation, fees tor riming as investment advisor, administrator, custodian end transfer agent. end (c) 0851 and as affiliates act as broken, principals and/or market makers in eertein markets and may do se in trarisections with Client. DBSI may teounmend securities or strategies that are issued, underwritten, implemented or advised by D851 or one or more of its affiliates. DBSI may receive compensation. in addition to the compensation Client pays 0651, in the form et Rule 12O1 fees. diemovtion fees. finder's fees. fees besed upon fund reenagement fees and cash of non.cash payments that am paid try mutual funds (out of fund assets In the case of Rule 126.1 fees) or by the managers and other serviceproviders to the funds Mot out of fund assets). 0851also participates in a program offered by Pershing, under whIch DBSI shares in revenue received by Pershing front mutual tirnds offeredion the Pershing platform. All of these payments may vary based on safes volume or assets under management and may give OBSI a financial Incentive to recommend certain funds or strategies and to include those funds in models and programs. In addition. 0651 may receive trail compensation in conneetion with setae of auction rate securities. 12. Securities Investor Protection Corporation (SIPC). ()BSI provides SIPC coverage through Pershing and/or as a member of SIPC. for additional information on this coverage see www.SlPC.org or cell the SIPC public information number (201) 371-0300. Client will refer to the Annust Disclosure Stalemate, at htiplAvvyw.pwm.dIr.corriremerices/ ershinnualdisolosurestatemeM.html for additional information regarding SIPC and excess of SIPC coverage. 13. Tax•Exempt EMMEN. Cnaritable remainder trusts, foundatioos, pension plans and otner tax-exempt entities may be deemed tonally* unrelated business taxable income (IAD) ass result of investing in certain securities, borrowing monies under a margin loan, investing in a partnership or limited liability company that generates UBTI or other leverage or loan arrangements. Tex•esempt entities Shouldconsult with their tax adviser before makiog en investment or entering into such ovangernent If Mars oarlock Account Statement indicates that any Secuntier. were forwarded to Client and Client has not received them. Client should notify DBSI immediately. If notification is received within 120 days after the mailing date, as reflected on Client's Account Statement, replacement will be made free of charge. Thereafter, a foe tor replacement may apply. DEFINITIONS The following are definitions of oeinein terms that are used within this AccountAgreement As required, the singular shall be plural and the plural shell be singular. 1. •Account Agreemeor means the written agreement entered into between atones) and 0851 maroon ChetitNY Account(s). The Account Aprenmern inciodes tbn Terms en i Concretions. Arbitration, Tax Eleetiou/Doclaretron of Tax Status, and the Appendix to the Account Agreement. as.well as any other applicable disclosure documents related to Client's Accoun(s). nigether with any amendments or suprilements to such documents. There may be disclosure•, agreements end loons applicable toe particular feature program, account or service wadded at e result &a Client election, modification of or addition to the Account Afireement change in service Or otherwise. DBSI will provide to Client such disclosures, agreements end terms. which shall be incorporated into this Aceauts Agreement by reference. Front tiros Ultimo, DBSI may require that Client sign other agreements or documents for eertain services or instructions and such additional egreements end documents shall become part of this Account Agreement. 2. "Affillatelsr means any entity that is controlled by, controls or is under common control with DBSI. DBSI is subsidiary of Deutsche Bank AG. Each affiliate is e separate legal entity. 3. 'Applicable Law' means the constitution: rules, regulations, customs and usages of the exchange or market and its clearing house. B any, where &transaction is executed end applicable federal end state laws end regulations, including but not limited to seouritios laws and regulations (Including the rules and regulations of the Set:ditties and Exchange Commission and the Feder& Reserve Board'or foreign securities regulator, es applicable), and the rules and regulations of FINRA, or any other sniriegulatery *geodes or osgeniSetienti having governing authority to a transaction in en Account in effect tram time to time. 'Applicable Law' shall also include the rules of any notional securities association, registered securities exchange or of the Options Clearing Corporation or other clearing organization applicable to the trading of option contracts. tS.AWM 096 012145 032813 CONFIDENTIAL - PURSUANT TO FED. R CRIM P 6(e) DB-SDNY-0094900 CONFIDENTIAL SDNY_GM_00241084 EFTA01390401