clariden leu

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Agreement for the Opening of an Account and/or Safekeeping Account Account Holder 1 Mr Ms Company NB: The following data must be written down exactly as it appears in the

official identity document.

Name/Company

First name

Address/Registered Office

Date of birth/Date of incorporation

Nationality

ZIP code/Town

Country of domicile

Details of identity document Type of document (passport, identity card, certificate of incorporation, extract of commercial register, etc.)

Place of issue (or issuing office)

Number

Date of issue

Account Holder 2 Mr Ms Company NB: The following data must be written down exactly as it appears in the

official identity document.

Name/Company

First name



Nationality

ZIP code/Town

Country of domicile



Number

Date of issue

To be completed by the Bank

Client No. (CIF)

812 603 6.11 /7

Account Holder 3 Mr Ms Company NB: The following data must be written down exactly as it appears in the official identity document.

Name/Company

First name



Nationality

ZIP code/Town

Country of domicile



Number

Date of issue

The entirety of all Account Holders is hereinafter referred to as the Client.

1. Account Opening

The Client and Clariden Leu Ltd. (hereinafter referred to as the Bank) hereby agree to open a bank account in the name of or for numbered accounts under the number

The account terms and conditions will be agreed separately. 2. Reference Currency

The reference currency is: (Please mark only one currency)

CHF EUR USD ____________ 3. Safekeeping Account Opening

If the Bank is at the same time or later given assets for safekeeping such as securities or other valuables, these assets must be deposited into a standard (open) safekeeping account in the same name as the account. 4. Signing Authority for Companies The signing authority for companies is governed exclusively by the separate Specimen Signatures of the Company.


Client No. (CIF)

812 603 6.11 /7

5. Several Account Holders 5.1 Individual Signing Authority: Every Account Holder with individual signing authority is authorized, on his/her own and independently of any other persons, to execute all acts and agreements, notably to dispose of the credit balance on the account, to increase, decrease, encumber or withdraw the deposited assets as required. Such individual signing authority applies in particular with regard to especially risk-prone business such as credit agreements (including lombard loans), pledging of assets, alternative or non-traditional investments as well as to business which may entail the disclosure and transfer of client data domestically and abroad. The individual signing authority also applies in the event that one of the Account Holders should die or lose his/her capacity to act. If the Bank fulfils its obligations vis-à-vis one of the Account Holders, it will be legally released from its obligations to the other Account Holders. Every Account Holder with individual signing authority may independently grant power of attorney to a third party. Notwithstanding such individual signing authority, the Bank may at any time require the signature of all Account Holders for the execution of certain acts and agreements in connection with the Joint Account. 5.2 Joint Signing Authority: The Account Holders in question may only dispose of the credit balance on the account and/or decrease, encumber or withdraw the deposited assets jointly. This applies in particular also if one of the Account Holders should die or lose his/her capacity to act. The Account Holders may jointly grant power of attorney to a third party. 5.3 If no signing authority is indicated for a particular Account Holder, this Account Holder is authorized to sign individually. 5.4 If there are several Account Holders and the account shows a debit balance, the Bank will regard these Account Holders as joint and several debtors, irrespective of their signing authority. Unless instructed otherwise, the Bank is authorized to book safekeeping account assets or amounts that are received in the name of one of the Account Holders in favor of the joint safekeeping account or account. 6. Bookings

Unless instructed otherwise by the Client, the Bank will credit all amounts destinated to the Client and all income on the assets deposited in the safekeeping account to the abovementioned account. This account will also be used for all other bookings concerning the Client. To the extent possible and unless instructed otherwise, all incoming payments in other currencies will also be credited to this account. 7. Correspondence

7.1 Continuous mailing of correspondence via the automatic mailing system

The Client herewith instructs the Bank to direct any original correspondence relating to accounts / safekeeping accounts continuously to the following address:

The Client herewith instructs the Bank to send copies of correspondence relating to any accounts / safekeeping accounts continuously to the following address:

(If no specific address is indicated, the relevant mailing address is the last address supplied to the Bank by the Client.) The numbered client has been informed and agrees that his/her name and other personal data will be made available to a much larger group of employees and/or external parties.

Remarks:


Client No. (CIF)

812 603 6.11 /7

7.2 Retained Correspondence

The Client herewith instructs the Bank to retain all correspondence and documents concerning the account and safekeeping account. The Client as well as all current and future authorized persons with an unlimited power of attorney may collect the correspondence at any time, irrespective of their signing authority (joint or individual signing authority).

Correspondence that is not collected, is to be sent on a

monthly bi-monthly

quarterly semi-annual annual

basis to:

the previous address

the address listed below

The client hereby instructs the Bank to mail all The client hereby instructs the Bank to mail copies original correspondence concerning accounts/ of correspondence concerning accounts/safekeeping safekeeping accounts in accordance with the above- accounts in accordance with the above-specified specified frequency to the following address: frequency to the following address:

(If no address is indicated, the last known address provided by the client will be used.)

Correspondence retained on instructions of the Client is deemed to have been received once it has been filed electronically or physically, regardless of whether it is dispatched or collected at a later date. The Client therefore accepts liability for all consequences and any loss that may arise from the retention of the correspondence. The Bank is in no way obliged to carry out any corporate actions without the specific instructions of the undersigned. The Bank will destroy all correspondence or documents that are not collected within three years from the date of issue. An annual retained correspondence fee can be charged according to the applicable fee schedule. The Client takes note of the fact that no copies can be made of certain original documents that have been collected (in particular credit cards, PINs and other correspondence).

8. Telephone Calls

The Client herewith explicitly agrees that the Bank may record telephone conversations between the Client and the Bank without any warning.

9. Data Exchange via E-Mail

The Client expressly wishes to exchange data and information with the Bank via e-mail, and therefore wishes to enter into a separate agreement with the Bank setting out the framework conditions for data exchange via e-mail.

The Client does not wish to exchange data and information via e-mail.

10. Numbered Account and Numbered Safekeeping Account

The Client declares that he/she will accept all correspondence carrying the number agreed in this contract (and maybe also a key word) but not his/her name as addressed to him/her. The Client bears all risks and consequences related to the fact that the Bank manages the account and safekeeping account under the above number. No commercial transactions may be carried out via the numbered account. Amounts and safekeeping account assets received in the name of the Client will be credited to the numbered account or numbered safekeeping account.


Client No. (CIF)

812 603 6.11 /7

11. Conditions for Numbered Accounts

The Conditions for Numbered Accounts form an integral part of this numbered account agreement. The Client hereby confirms having received, read and understood the “Conditions for Numbered Accounts” (form 810 043). He/she has specifically taken note of and hereby accepts that the use of the services not recommended by the Bank listed in para. 3 of the Conditions for Numbered Accounts will lead to the disclosure of his/her name, account number/IBAN and other personal details (e.g. address, date of birth, place of birth, etc.) to a larger number of employees and/or other external parties.

The Client is also aware of the fact that data leaves Switzerland when cross-border transactions are executed and is no longer protected by Swiss legislation. 12. General Authorization for Fiduciary Deposits

The Client does not want any fiduciary investments. The Client hereby authorizes the Bank to arrange fiduciary deposits with a foreign bank, or a foreign branch of the Bank, for the Client's account. The investments, and any renewals thereof, will be made in the name of the Bank and will be available to the Bank, but they will be made solely for the account and at the risk of the Client.

If a foreign bank does not fulfill its obligations, or does so only partially, especially due to measures in the country of the currency or the investment, the Bank is solely obligated, insofar as necessary, to assign the claim against the foreign bank to the Client.

If the Bank does not receive any instructions to the contrary from the Client, or if such instructions are not received in good time, the Bank will be authorized to decide, at its discretion, if and when an investment should be made, and also to determine the amount, currency, depository, term and interest conditions of such investment. In doing so, it will act in the Client's best interests but will not assume any liability.

The interest on these investments is to be credited to the Client, after deduction of the usual fiduciary commission. In the case of fiduciary investments, the measures of the country of the currency and investment will apply notwith-standing.

This authorization will remain in effect until it is revoked. Notice of revocation must reach the Bank no later than five business days before the current investment matures. 13. Entry of Registered Shares

The Client hereby acknowledges that the Bank will not register his/her current and future shares in Swiss companies in the share register of the company in question unless explicitly instructed to do so by the Client. 14. Fees

The Bank will charge its usual fees. The Bank reserves the right to amend these fees at any time without notifying individual clients. The Client will be informed of changes in a suitable manner. The valid fee schedule can be obtained from the Bank, which is authorized to debit the account with all commission, expenses and fees. In connection with the provision of services, the Bank may receive fees, commissions, reimbursements, discounts or other monetary or non-monetary benefits (collectively known as “remunerations”). The provision of such services is based on stand-alone agreements; entitlement to the remunerations rests fully with the bank. Remunerations are already reflected in the usual product prices and are not charged to clients additionally. The "Remunerations" appendix to this agreement provides extensive details, including the ranges, of such remunerations. In the event that the Bank receives remunerations which may be covered by a legal obligation to deliver the same to the client in the absence of an agreement to the contrary, the client waives any corresponding delivery.


Client No. (CIF)

812 603 6.11 /7

15. General Conditions, Safe Custody Regulations and Conditions for Payment Transactions

The Client confirms receipt of the General Conditions and Safe Custody Regulations and the Conditions for Payment Transactions. He/she expressly acknowledges the contents of these documents as well as the conditions communicated by the Bank. The Client has also received and noted the contents of the brochures Special Risks in Securities Trading and Information for Customers of Swiss Banks Concerning the Avoidance of Dormant Assets issued by the Swiss Bankers Association. 16. Applicable Law and Place of Jurisdiction

The place of performance is Zurich 1. For Clients whose present or future domicile is outside Switzerland, the place of performance is also the place of debt enforcement (“special domicile” under the terms of art. 50 para. 2 of the Swiss Federal Law on Debt Enforcement and Bankruptcy).

All legal relations between the Client and the Bank are governed by Swiss law. The exclusive venue for any kind of legal proceedings is Zurich 1. The Bank also reserves the right to take legal action against the Client before any other competent court.


Client No. (CIF)

812 603 6.11 /7

Place/Date

Signature of Account Holder 1 Signature of Account Holder 2

The following signature is binding in all dealings with the Bank. The following signature is binding in all dealings with the Bank.

Signing authority Signing authority

individually jointly by two jointly by ____________ individually jointly by two jointly by ____________ Companies: as per separate Specimen Signatures of the Company Companies: as per separate Specimen Signatures of the Company

Signature of Account Holder 3

The following signature is binding in all dealings with the Bank.

Signing authority

individually jointly by two jointly by ____________ Companies: as per separate Specimen Signatures of the Company

Place/Date

Signatures Clariden Leu Ltd.


Client No. (CIF)

Remunerations

In connection with the provision of services, the Bank may receive fees, commissions, reimbursements, discounts or other monetary or nonmonetary benefits (collectively known as “remunerations”). The provision of such services is based on stand-alone agreements, whereas potential conflicts of interest and, in particular, client interests are taken into account through a policy that complies with international standards; entitlement to the remunerations rests fully with the bank. Remunerations are already reflected in the usual product prices and are not charged to clients additionally.

The bandwidths for possible remunerations are listed in the table below. Any exceptions to these ranges and any changes to the fee structure that result must be communicated together with the product-specific information or in another appropriate manner.

Product Class Product Category Range of Remunerations (as a percentage of the annualized

investment volume)

Investment Funds Money Market Funds up to 1.5%

Bond and Real Estate Funds up to 1.6%

Other Investment Funds1 up to 1.8%

Structured Products Money Market Investments up to 2.5%

Bond Investments up to 2.5%

Hybrid Investments up to 2.5%

Alternative Investments up to 2.7%

Equity Investments up to 3.5%

1 Other investment funds such as: alternative investment funds, hedge funds, private equity funds, funds of funds, equity funds, portfolio funds, etc.

In the event that the Bank receives remunerations which may be covered by a legal obligation to deliver the same to the client, in the absence of an agreement to the contrary, the client waives any corresponding delivery.

a CREDIT SUISSE GROUP company81

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Information about the disclosure of client data in payment transactions – SBA – June 2009 110 053 6.09 Page 1/2

Information from the SBA regarding the disclosure of client details in payment transactions, securities transactions and other transaction types in connection with SWIFT Banks primarily use the services of SWIFT for pay-ment transactions and the processing of securities transactions. At present, there is no other company that offers such services worldwide. Below we answer the questions that are posed to us most frequently with regard to SWIFT and the risks connected with disclos-ing data abroad. What is SWIFT? S.W.I.F.T. stands for “Society for Worldwide Interbank Financial Telecommunication”. It is a cooperative head-quartered in Belgium and its members are made up of banks from numerous countries. SWIFT standardises the exchange of messages between financial institu-tions, i.e. the transmission of information between fi-nancial institutions, in connection with payment trans-actions and securities transactions, for example. The main participants in the message transmission system are banks, brokers, asset managers and national and international central securities depositaries. SWIFT has very high standards with regard to data security and uses a secured network, which sends messages in an encrypted form, for the transmission of informa-tion. You can find more information about SWIFT on its homepage at www.swift.com. How does SWIFT work? In order to demonstrate how SWIFT works, we will use the following example: If you authorise your bank to send EUR 500 to a friend in Italy, the bank enters the order in an electronic form known as a SWIFT mes-sage, which is provided by SWIFT. The bank debits EUR 500 to your account and sends the SWIFT mes-sage via SWIFT to your friend’s bank in Italy. The en-crypted SWIFT message informs your friend’s bank that there is a transfer order for him and that the equivalent of EUR 500 should be debited to the offset account that your bank has with this particular receiv-ing bank and credited to your friend. Please note: SWIFT only exchanges encrypted messages. No funds are exchanged via SWIFT. What does SWIFT do with your data? In addition to its message transfer network, SWIFT currently also operates two computer centres for data processing, in the US and the Netherlands, with a fur-ther centre in the pipeline for Switzerland. At these computer centres, the messages within the SWIFT

network are encrypted, checked to ensure they have the correct structure, uniquely referenced, stored in a cache and inspected for alterations. The data is proc-essed in one computer centre and saved at a second for security reasons (backup). The storage period at SWIFT is a maximum of 124 days. During this time, the messages are saved at both computer centres. Following this period, the messages are deleted from all databases at all locations. The information is stored for reasons of operational security, in case a financial institution requests that SWIFT reproduce messages. From the end of 2009 SWIFT will make available a facility which will allow participants to store data about transactions in Europe not only at a computer centre in the Netherlands but also at one in Switzerland.

Disclosure of data What does this mean for your payment transactions? For the processing of domestic and cross-border payments, information about the ordering customer is disclosed to the banks and system operators involved in Switzerland and abroad. This information is required primarily under the applicable provisions for the com-bating of money laundering and financing of terrorism. The main information provided includes the name, address and account or identification number of the ordering customer although date of birth and place of birth may be provided in place of the address. In the case of domestic payment transactions, this informa-tion may be omitted, with the exception of the account or identification number, although it must be forwarded to the beneficiary’s bank within three working days if it is requested. The banks and system operators in question are primarily correspondent banks of the bank issuing the payment, payment system providers (e.g. SIX Interbank Clearing AG in Switzerland) or SWIFT. It is also possible that the parties involved in the transaction may pass on the data, for processing or data backup to mandated third parties in other countries for instance. Furthermore, details about the ordering customer are provided to the beneficiary in Switzerland or abroad. For domestic payments in foreign currencies, information on the person issuing the order is also disclosed to the banks and system operators abroad which are involved in the transaction. In the case of

Information about the disclosure of client data in payment transactions – SBA – June 2009 110 053 6.09 Page 2/2

domestic payments in Swiss francs, it can also not be ruled out that information on the person issuing the payment will be sent abroad. This can occur, for example, if a bank is connected indirectly to the Swiss interbank payment system (“SIC”) via remoteGate rather than having a direct connection or if SWIFT is used to make clarifications regarding a transaction. What does it mean if a bank is connected to SIC via remoteGate? Domestic payments in Swiss francs are processed via SIC. This payment system is operated by SIX Inter-bank Clearing AG by mandate of the Swiss National Bank. Most financial institutions in Switzerland have direct access to SIC. However, there are some banks in Switzerland that execute only a few domestic trans-actions in Swiss francs, meaning that a connection to SIC would be relatively expensive. In 2000, banks such as these and institutions abroad were given the option of accessing SIC via SWIFT when SIX Inter-bank Clearing AG, commissioned and supported by the Swiss National Bank, developed remoteGate. When accessing SIC via SWIFT, data on the principal and the beneficiary are sent abroad and saved in SWIFT’s computer centres. This is the case with banks that use remoteGate. However, it is not only the clients of banks that use remoteGate who are affected by the transfer of information abroad. Clients of banks which execute transactions with the users of remote-Gate are also affected. If a bank that uses SIC sends a payment order to a bank that is connected to SIC via remoteGate, the payment order is transferred from SIC to the SWIFT system, meaning that data on the princi-pal and the beneficiary is sent abroad. What does this mean for securities transactions? For the processing of domestic and cross-border securities transactions and inquires in connection with such transactions, there are two main areas which involve the disclosure of data to the banks and central depositaries involved in Switzerland and abroad. For deliveries and withdrawals of securities to and from custody accounts and custody account trans-fers, the custody account number, the name and the address of the end beneficiary in Switzerland may be sent abroad when this data is transmitted via SWIFT by the involved banks and central depositaries to ensure orderly processing.

Furthermore, for securities held abroad on behalf of bank clients, the name of the securities holder or the name of the registered shareholder, and in some cases address details, are included in SWIFT mes-sages. These SWIFT messages affect, for example, special transactions of the foreign depositaries of Swiss banks, such as the opening of special custody accounts (in the name of the client), subscriptions and redemptions of foreign funds made in the name of the client, physical transfers of a client’s special holdings held abroad, the entry and re-registration of share-holders in foreign registers and other special cases involving foreign capital transactions and the exercise of voting rights. What does this mean for other transactions? For other transactions such as documentary credits, guarantees, collections and foreign exchange transac-tions, all details on the transaction in question (e.g. names, addresses and account numbers of the parties involved in the transaction) are communicated to the banks and system operators involved via SWIFT and are therefore communicated abroad. As is the case with payment transactions and securities transactions, inquiries regarding transactions may also be made via SWIFT. Why is data disclosed? The information discussed above is disclosed in order to fulfil statutory and regulatory requirements in Switz-erland and abroad. For example, in the case of cross-border payments, data on the ordering customer must be provided. The provision of this information also enables the orderly, efficient processing of transac-tions. Are your details abroad protected? Data sent abroad is no longer protected by Swiss law and is subject to the respective foreign legal system. Foreign laws and regulations may require that this data be passed on to authorities or other third parties, for instance. This was the case in 2001 when the US Treasury required the release of data from the SWIFT computer centre in the US following the terrorist at-tacks on the World Trade Center in New York. The US Treasury assured the EU authorities that it would adhere to European data protection standards and agreed to the relevant controls.

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General Conditions These General Conditions govern the relationship between Clariden Leu Ltd. (hereinafter referred to as the Bank) and its clients subject to any special agreement and the established rules of banking practice.

For the sake of clarity, the Bank can use only masculine pronouns in its forms. These are to be understood as including both sexes. Art. 1 Identity check

The Bank undertakes to check carefully the identity of its clients and their authorized agents. The client is liable for any damage resulting from failure to recognize falsifica-tions or incorrect identification provided that the Bank has exercised the degree of due care usual in banking transac-tions. Art. 2 Legal incapacity

The client is liable for any damage resulting from his inca-pacity to act provided that such incapacity to act was not apparent to the Bank on exercising the degree of due care usual in banking transactions. The client is liable in all cases for any damage or loss resulting from incapacity on the part of his authorized agent or other third party. Art. 3 Communications from the Bank

Communications from the Bank are deemed to have been duly transmitted if sent to the last address supplied to the Bank by the client. Art. 4 Errors in transmission

Damage resulting from the use of postal services, fax, telephone, e-mail and other means of communication or transport, such as from loss, delay, misunderstandings, mutilation or duplicate dispatch is to be borne by the client provided that the Bank has exercised the degree of due care usual in banking transactions. Art. 5 Defective execution of instructions

In the event of damage resulting from the defective exe-cution, late execution or non-execution of instructions (with the exception of instructions relating to stock exchange transactions), the Bank’s liability is limited to an amount equal to the loss of interest, unless its attention has been expressly directed to the risk of more extensive damage at the time of and in respect of such instructions. Art. 6 Saturday an official holiday

In business transactions with the Bank, Saturday shall be treated as an official Bank holiday. Art. 7 Complaints

Complaints by a client relating to the execution of instruc-tions as well as to other communications must be lodged

immediately upon receipt of the communication concerned and at the latest within the particular period specified by the Bank. If the Bank fails to send a communication which the client expects, the client must nevertheless lodge his complaint as if he had received the communication by ordinary mail. Any damage arising from delay in making a complaint is to be borne by the client. Objections concerning account or safekeeping account statements must be submitted within one month of receipt. Upon expiry of this period the statement is deemed to have been approved. Art. 8 Right of lien and set-off

The Bank has a right of lien on all assets it holds for the account of a client whether in its own custody or placed elsewhere and a right of set-off as regards all funds cred-ited to a client’s account in respect of all claims which the Bank may have against the client, irrespective of the due dates of such claims or currencies in which they are expressed. Immediately upon default by the client the Bank shall be entitled to dispose, either by forced sale or in the open market, of any assets over which it has a right of lien. Art. 9 Accounts

The Bank reserves the right to alter its interest and com-mission rates at any time, e.g. in the event of changes in market conditions and to advise the client of such change in writing or by other suitable means. No deductions are allowed from interest and commissions due to the Bank. Any expenses, taxes or other charges are to be borne by the client. If the client gives several instructions, the total amount of which exceeds his available balance, the Bank will decide at its discretion which of the instructions to carry out, in whole or in part, irrespective of the date they bear or the date of their receipt by the Bank. Art. 10 Accounts in foreign currencies

The Bank’s assets corresponding to the client’s credit bal-ances in foreign currency are held in the same currency in or outside of the country whose currency is involved. The client bears proportionately to his share all the economic and legal consequences which, as a result of measures taken by the country in question, affect all the Bank’s assets in the country of the currency or in the country where the funds are invested.

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The obligations of the Bank arising from accounts in for-eign currencies will be discharged exclusively at the place of business of the branches or offices at which the accounts in question are held solely through the establish-ment of a credit entry at a Bank branch, a correspondent bank or a bank nominated by the client in the country of the currency. Art. 11 Drafts, cheques and other instruments

The Bank reserves the right to debit the client’s account with unpaid drafts, cheques or other instruments, previ-ously credited or discounted. Pending the settlement of any outstanding debit balance, the Bank retains a claim to payment of the total amount of the draft, cheque or simi-lar instrument, plus related claims against any party liable under the instrument, whether such claims emanate from the instrument or exist for any other legal reason. Art. 12 Termination of business relationship

The Bank or the client may terminate the business rela-tionship at any time and at either’s own discretion. The Bank may in particular cancel credit facilities at any time and demand repayment of debts without notice. Art. 13 Outsourcing of operations

The Bank reserves the right to outsource, in whole or in part, certain areas of business (e.g. funds transfer and securities operations).

Art. 14 Applicable law and venue for legal proceedings

All legal relations between the client and the Bank are gov-erned by Swiss law. The exclusive venue for any kind of legal proceedings is Zurich 1. The Bank also reserves the right to take legal action against the client before any other competent court. Art. 15 Bank customer secrecy

All agents, employees and representatives of the Bank are obliged by law to treat the business transactions of the client with confidentiality. The client releases the Bank from its obligation to secrecy in so far as this is necessary to safeguard the legitimate interests of the Bank:

in the case of legal proceedings against the Bank initi-ated by the client

to secure claims of the Bank and enable it to make use of securities of the client or third parties

to collect claims by the Bank against the client

in the case of client accusations against the Bank in public or to the authorities in Switzerland or abroad

to the extent the terms applying to transactions in foreign securities or rights demand disclosure.

All legal obligations imposed upon the Bank to disclose information are expressly reserved. Art. 16 Amendments to the General Conditions

The Bank reserves the right to amend the General Condi-tions at any time. The client will be notified in writing or by other suitable means.

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Safe Custody Regulations General Provisions Art. 1 Scope

These Safe Custody Regulations shall apply, in addition to the General Conditions of the Bank, to securities and as-sets accepted by the Bank for safe custody (hereinafter referred to as “Safe Custody Assets”), particularly if they are maintained in book-entry form. These regulations shall be supplemental to any special contractual agreements or special regulations for special safe custody accounts. Art. 2 Handling Safe Custody Holdings

In particular, the Bank will accept: a) securities for safe custody and administration, usually

in open safekeeping accounts b) precious metals for safe custody, usually in open

safekeeping accounts c) money market and capital market investments not

issued in the form of securities for entry and admini-stration in open safekeeping accounts

d) documents of title or documents evidencing entitle-ments for safe custody, usually in open safekeeping accounts

e) valuables and other appropriate objects for safe cus-tody, usually in closed safekeeping accounts

Separate regulations shall apply to closed safekeeping accounts. The Bank may refuse to accept Safe Custody Assets with-out stating any reason. Art. 3 Verifying Safe Custody Assets

The Bank may verify Safe Custody Assets delivered by the client or by third parties for the account of the client for authenticity and blocking notices, without thereby as-suming any liability. In particular, the Bank shall be obliged to undertake administrative actions only after such verifi-cation is completed. Accordingly, the Bank shall not be obliged during the verification period to execute any sales orders or other transactions in which the assets must be released to a third party against payment. The Bank shall conduct the verification of the Safe Cus-tody Assets in accordance with the resources and docu-ments at its disposal. Foreign Safe Custody Assets may be given to the custodian or another suitable agent in the relevant foreign country for verification. Art. 4 Book-entry Securities That Function Like

Certificated Securities

Certificated securities and book-entry securities that function like certificated securities but are not evidenced by a certificate shall be treated the same. In particular, the regulations on commission (Art. 425ff. OR) between the client and the Bank shall apply.

Art. 5 Bank’s Duty to Exercise Due Diligence

The Bank shall exercise the same degree of due diligence in handling the Safe Custody Assets as if such assets were the property of the Bank. Art. 6 Delivery and Disposal of the Safe Custody

Assets The client may at any time, subject to notice periods, legal provisions, the articles of association of the issuer, and the Bank’s right of lien, right of retention, and other with-holding rights, request that the Safe Custody Assets be delivered to him/her or put at his/her disposal. The usual delivery times must be observed. The Safe Custody Assets shall be transferred and sent for the account of and at the risk of the client. If the client does not issue special instructions, the Bank may insure and declare the value of the Safe Custody Assets at its own discretion. Art. 7 Remuneration of the Bank

The Bank’s fees are based on the applicable rates, which the Bank reserves the right to amend at any time. Such amendments will be communicated to the client in an appropriate manner. Art. 8 Duration of the Agreement

The agreement shall generally be for an indefinite period. The legal relationships established by these regulations shall not expire upon the death, incapacity or bankruptcy of the client. Art. 9 Amendments to the Safe Custody

Regulations

The Bank may amend the Safe Custody Regulations at any time. The client shall be informed of the these amend-ments in writing or another appropriate manner.

Special Provisions for for Open Safekeeping Accounts Art. 10 Form of Safekeeping

The Bank is expressly authorized to have the securities held in safekeeping by an external third party in its own name but for the account of and at the risk of the client. If the client requests the use of a third-party custodian that the Bank does not recommend, the Bank will not assume any responsibility for the acts of this third-party custo-dian. Unless there are instructions to the contrary, the Bank is also authorized to hold the securities in safekeep-ing by asset class and centrally, or to hold them in safe-keeping in a collective safekeeping account.

810 013 1.10 Page 4/4

This shall not apply to securities that have to be held separately by nature or for other reasons. If the securities are held in safekeeping in a foreign coun-try, they shall be subject to the laws and customs of that country. The Bank shall only transfer those rights that it receives from a foreign third party. If the applicable law of the foreign country renders it difficult or impossible for the Bank to return assets deposited abroad or to transfer the proceeds from the sale of such assets, the Bank shall only be obliged to procure for the depositor a claim for the return of property or payment of the sums involved, provided that such a claim exists and is assignable. Safe Custody Assets in registered form may be registered in the name of the client. The client hereby accepts the disclosure of its name to the third party depository. Alter-natively, the Bank may register the assets in its own name or in the name of a third party, in either case for the account and at the risk of the client, especially if it is not customary or possible to register the assets in the name of the client. Safe Custody Assets redeemable by drawings may also be held according to their type in collective safe custody; drawn lots shall be allocated among the depositors by the Bank, using a method which guarantees all depositors the same chance of inclusion in the sub-drawing as under the main drawing. Art. 11 Administration

The Bank shall, without specific instructions from the client, take care of the usual administrative actions such as the collection of dividends, interest, and repayable capital, monitoring of drawings, redemptions, conver-sions, and subscription rights, etc., and shall also normally require clients to take the measures incumbent on them pursuant to para. 2 of this article. The Bank shall notify the client on the deposit statement or by other means if it is unable to administer individual assets in the usual manner. The administrative actions in respect of registered shares without coupons shall be carried out only if the address for delivery of dividends and subscription rights is that of the Bank. Unless otherwise agreed, it shall be the responsibility of the client to take all other measures to preserve the rights associated with the Safe Custody Assets, such as, in particular, issuing instructions for handling conversions, exercising, purchasing or selling subscription rights, and exercising conversion rights. If instructions from the client are not received in time, the Bank shall be authorized, but not obliged, to act at its discretion (including debiting the client’s account, for example, when exercising subscrip-tion rights).

Art. 12 Deferred Printing of Certificates

If the printing of certificates is to be deferred for the duration of the deposit for safe custody with the Bank, the Bank shall be explicitly authorized to:

a) have the respective certificates canceled upon their delivery into the safekeeping account;

b) carry out the usual administrative actions for the account of the client during the safe custody and give the issuer the necessary instructions and/or obtain the necessary information; and

c) request the physical issuance of the certificates on behalf of the client upon their delivery out of the safekeeping account.

Art. 13 Fiduciary Acceptance of Safe Custody Assets

If it is not customary or possible for title to the Safe Custody Assets to be vested in the clients, the Bank may purchase the Safe Custody Assets or have them pur-chased in its own name or in the name of a third party and to exercise the rights arising therefrom or have them exercised, at all times for the account and at the risk of the client. Art. 14 Credits and Debits

Amounts (principal, income, fees, expenses, etc.) shall be credited or debited to the account pursuant to the book-ing instructions as agreed, unless instructed otherwise by the client. Such amounts shall be converted into the cur-rency of the relevant account if necessary. Changes to the account instructions must be received by the Bank at least five bank business days before the transaction falls due. Art. 15 Statements

The Bank shall provide the client with a statement of the Safe Custody Assets in the safekeeping account, usually at the end of the year. The statement may also include other assets which are not subject to these Safe Custody Regulations. Book-entry securities are not specially desig-nated as such. Safekeeping account valuations shall be based on market values taken from the usual bank sources of information. The Bank assumes no liability for the accuracy of this in-formation nor for the accuracy of the valuations nor for other information connected to the posted assets.

810 023 1.10 Page 1/4

Conditions for Payment Transactions All terms referring to persons used here refer to persons of both genders. A. Outgoing Payments 1. Requirements for the Execution of a Payment

Order

All of the following requirements must be fulfilled before Clariden Leu Ltd. (hereinafter “CL”) can execute a pay-ment instruction (hereinafter “payment order”) on behalf of a client or one or more of the client’s authorized re-presentatives (hereinafter collectively the “instructing party”):

a) Payment Order Specifications

The instructing party must provide CL with the following details:

■ the account number of the debit account, or the IBAN (“International Bank Account Number”) pertaining to this account number

■ the last name and first name or company name and the place of domicile of the client

■ the payment amount, including specification of the currency

■ the IBAN or the account number of the beneficiary’s account

■ the last name and first name or company name and, optionally, the place of domicile of the beneficiary

■ the BIC (“Bank Identifier Code”) and/or name and address of the beneficiary’s financial institution

These details must be complete, precise, and unambi-guous.

b) Available Funds

In order for the transaction to be processed, the client must have an account balance or an account credit limit at the time of execution at least equivalent to the amount of the payment order.

c) Power of Disposal

CL must be in no doubt as to the instructing party’s power of disposal over the funds in question.

d) No Disposal Restraints/Restrictions

In particular, there must be no legal, regulatory or internal CL guidelines, no official decrees, and no agreements (e.g. pledges of account balance) that would rule out execution of the payment order in question.

For collective orders, these requirements must be fulfilled for each individual payment order. The collective order may otherwise be rejected.

2. Payments According to the SEPA Standard

For payment orders to be processed according to the SEPA (Single Euro Payments Area) payment standard, it is essential that

■ the payment order is denominated in euros,

■ the payment order contains the BIC of the benefi-ciary’s financial institution as well as the IBAN of the beneficiary’s account, and

■ for charges the “shared charges” (SHA) option is selected.

Additional requirements for payment orders processed according to the SEPA payment standard can be found in the product descriptions, which are available from the responsible client advisor or can be downloaded from the internet.

3. Cut-Off Times

Cut-off times for payment orders will be communicated to the client in an appropriate manner.

If a payment order is submitted by the instructing party after the corresponding cut-off time, the payment will normally be executed on the following bank working day.

4. Execution of a Payment Order

If the requirements of para. 1 above are met, CL will exe-cute the payment order as follows:

■ Payment order with execution date: on the date specified

■ Payment order with “immediate” execution date or with no date specified: on the bank working day after receipt of payment order by the CL processing center.

The foregoing is subject to para. 3 above (Cut-Off Times) and para. 12 below (Execution and Credit Date).

In the event of incorrect or incomplete information as per para. 1a above, CL is entitled to execute the payment order if this information is marked as optional or it can be corrected and supplemented by CL beyond reasonable doubt.

810 023 1.10 Page 2/4

CL will decide at its discretion whether or not to execute a payment order despite insufficient funds.

If the requirements of para. 1 (particularly, sufficient cov-erage) are fully met only after the date of execution (de-termined on the basis of points 1 and 2 above), CL may execute the payment order retroactively with subsequent notification of the client.

5. Processing / Account Debit

When a payment order is executed, the account specified by the instructing party will be debited on the execution date (= value date).

Depending on the type of order, the order may be proc-essed electronically in the system the day before its exe-cution. Once the order is executed the available balance is reduced immediately by the payment amount and any applicable fees.

6. Non-Execution of Payment Order / Credit from Rejection

If the requirements set out in para. 1 above are not ful-filled completely, and as a result the payment order is not executed by CL, or if the execution of the payment order is rejected by another party involved in the transaction (e.g. by a clearing house or by the beneficiary’s financial institution) after the instructing party’s account has been debited, CL will inform the client within a reasonable time frame and in an appropriate manner about the reason, if known, for non-execution/rejection, and re-credit the debited amount to the relevant account by means of a reverse transfer.

If CL is in a position to immediately eliminate the cause of the rejection of the payment order and if the payment amount has not yet been re-credited to the client’s account, the bank is entitled but not obligated to reexecute the payment order without consulting the instructing party.

7. Data Comparison by Third-Party Institution

The client acknowledges that the payment amount will be credited by the financial institution of the beneficiary solely on the basis of the IBAN or account number speci-fied, without any comparison being made between these details and the name and address of the beneficiary.

The financial institution of the beneficiary may nonethe-less reserve a similar right to undertake this comparison at its discretion and to reject the payment in the event of discrepancies.

B. Incoming Payments 8. Credit to Account

Incoming payments are credited to the account based on the IBAN or account number listed in the payment order, without checking the name and address of the person(s) designated as beneficiary.

CL nonetheless reserves the right to undertake this com-parison at its discretion.

9. Date of Credit to Account

The credit is valued on the calendar date on which CL can access the incoming payment (notwithstanding para. 12 below).

10. Rejection of Incoming Payments

Incoming payments for which information is incomplete, incorrect, or ambiguous (e.g. no or non-existent IBAN or account number) and payments for which the data com-parison described in para. 8 point 2 identifies discrepan-cies or for which a credit is prevented for any other rea-son (e.g. legal, regulatory, or internal provisions, orders by authorities, revoked accounts) are transferred back to the financial institution of the instructing party.

CL reserves the right, however, to obtain corrected or additional payment instructions from the financial institu-tion of the instructing party for a credit before the deci-sion on a rejection, notwithstanding para. 11 below.

In the event of a rejection, CL is entitled to inform all par-ties involved in the transaction (including the instructing party) of the reason for the unsuccessful credit.

11. Credit to Account Despite Inconsistencies

If the amount being transferred is denominated in a cur-rency different to that in which the specified account is denominated, CL may at its discretion credit this amount to an account of the client denominated in the appropri-ate currency. If no such account exists and if the account listed in the payment is closed, CL can decide to credit the amount to an account of the beneficiary named in the payment.

CL also has discretion, in case of inconsistencies, to trans-fer the credit if the information at its disposal indicates the account to which the payment should be credited.

810 023 1.10 Page 3/4

C. General Provisions of Payment Transactions

12. Execution and Credit Date

If an execution or credit date falls on a Saturday, a Sunday, or an public holiday, CL is entitled to effect the execution or credit on the next bank working day.

Payment orders canceled at the end of a period (e.g. end of the month) are executed on the previous bank working day, if the requested execution date occurs on a Saturday, a Sunday, a public holiday, or a non-existent date, except in cases where an alternative agreement has been ar-ranged with the client.

The client acknowledges that the crediting of payment amounts to the beneficiary may also be delayed as a re-sult of foreign regulations with respect to official holidays and bank working days.

13. Debit and Credit Advices

Advice slips notifying the client about payment debits and credits will be provided in an appropriate manner within one month at the latest, except where special agreements are in place with the client with respect to the timing, manner, and type of advice slip.

14. Currency Conversion

If the debit or credit requires a currency conversion, the foreign exchange spot rate is used, which is applied by CL on the date that the payment transaction is processed for the relevant transaction. As a result, the processing date may be before the value date.

The rates depend on the amount being converted, and are continuously published as recommended prices by CL.

Price gains or losses due to currency conversions in con-nection with the non-execution of the payment order or the credit from rejections (see para. 6 above) are credited or debited to the client.

15. Fees

CL is entitled to charge or adjust fees at any time for ser-vices related to payment orders, particularly for process-ing outgoing and incoming payments and for currency conversions.

The currently applicable fees are available in the price lists, which clients can obtain from CL at any time. The applicable fees and any changes thereto will be communi-cated to the client in an appropriate manner.

CL is entitled to debit such fees directly from the Client’s account.

16. Data Processing / Forwarding

As instructing party, the client acknowledges that his/her information (particularly name, address, IBAN, account number, and further data included under para. 1a) will be provided when processing domestic and cross-border payment orders and other payment transactions (e.g. debit advices) to the banks involved (particularly the beneficiary’s domestic and foreign correspondent banks and financial institutions), the operators of payment sys-tems both domestically and abroad (e.g. Swiss Interbank Clearing), SWIFT (Society for Worldwide Interbank Finan-cial Telecommunication), and the beneficiaries domesti-cally and abroad. The client acknowledges that, depending on the payment transaction and payment processing, data from domestic payment transactions may also be sent abroad (e.g. if the payment amount is in a foreign cur-rency or if the payment uses SWIFT).

The client agrees that all parties involved in the payment transaction may transfer the data (particularly for further processing or for storage purposes) to authorized third parties in his/her country or other countries.

In addition, the client acknowledges that data transmitted abroad is no longer protected by Swiss law, but is instead subject to the law of the foreign jurisdiction in question, and that foreign laws and official ordinances may require this data to be passed on to government authorities or other third parties.

17. Country-Specific Factors

The client acknowledges that for payment transactions (particularly outgoing and incoming payments) country-specific factors (e.g. special functionality of the foreign payment system, legal or regulatory restrictions) may result in delay or non-execution of such transactions. CL is not responsible for damages resulting from such delays or non-execution.

When executing cross-border payment transactions, the client must comply with the rules and regulations of the foreign law.

18. Storage Precautions

The client must protect the order forms and payment transaction documentation from misuse by unauthorized persons.

810 023 1.10 Page 4/4

19. Further Special Contractual Conditions Affecting Payment Transactions

Payment transactions are subject to further special con-tractual conditions of CL (e.g. online banking via internet, direct debits). For SEPA direct debit transactions, refer to para. 20 below.

20. SEPA Direct Debit

To ensure that debit advices incoming for CL as part of the SEPA payment transaction standard can be debited to an account of the client, the client must agree in writing to the special conditions of CL for SEPA direct debits.

Without such approval, CL will reject an incoming debit advice and is not obligated to contact the client in advance about the incoming debit advice.

21. General Conditions

In all other respects, the General Conditions of CL apply.

22. Applicable Law

These conditions are governed exclusively by Swiss law.

23. Amendments to Conditions

CL reserves the right to change these conditions at any time.

Any such changes will be communicated to the client by CL in an appropriate manner 30 days before entering into force, and will be deemed to have been approved by him unless a written objection is received within a month of this communication.

831 178 1.07 Page 1/2

Application for a Lombard Facility Client No. (CIF)

Account-Holder (hereinafter referred to as the Borrower)

requests that

Clariden Leu Ltd. (hereinafter referred to as the Bank) set up a credit line against the pledge of assets deposited with the Bank. The credit line shall only come into force once the application has been accepted by the Bank and the credit confirmation has been sent to the Borrower. 1. Credit limit

The actual extent of the credit limit shall be determined based on the collateral value of the pledged assets.

The Borrower wishes the credit limit to be restricted to a maximum of:

CHF

2. Use

As current account overdrafts for current and/or future accounts in CHF and/or in freely convertible foreign currencies. Current account overdrafts may be terminated with immediate effect by either party at any time.

In the form of fixed advances. Fixed advances shall normally be due for repayment at the end of the term; the right to set early due dates in accordance with the provisions of this agreement remains reserved. If a fixed advance is not renewed, repayment shall be made immediately by debiting the current account. An application to extend a fixed advance must be made no later than two bank working days prior to its expiry. The agreement of a fixed advance shall be recorded by the Bank in a separate confirmation (without a signa-ture).

As margin cover for over the counter (OTC) trading transactions (including foreign exchange forwards) concluded at the Bank

As margin cover for traded options and financial futures contracts concluded at the Bank

As a guarantee facility

As a credit facility for the issuance of letters of credit At the same time, the Borrower requests that this agreement shall also be applied to existing loans in the above-mentioned form.

The Bank reserves the right to reject individual trans-actions in exceptional cases without stating reasons. 3. Interest rate CURRENT ACCOUNT OVERDRAFTS The applicable interest rate is the rate prevailing at the time the credit is granted. The Bank is entitled to adjust the interest rates at any time, with immediate effect or with effect as from a later date specified by the Bank, in accordance with changes in money and capital market conditions. No notification will be given of any interest rate changes. The applicable interest rates will be listed on the respective account statements. In addition, a credit commission of 0.25% per quarter will be charged on the average loan amount used.

FIXED ADVANCES The interest rate for fixed advances will be determined by the Bank each time an advance is drawn. The rate will be based on conditions on the money and capital markets. 4. Termination

This framework agreement may be terminated by either party with immediate effect at any time. The loans outstanding at that time shall not be affected by any such termination. Furthermore, the termination of any loan granted under this agreement shall not automatically entail the termination of this framework agreement. 5. Extraordinary termination

The Bank shall be entitled to terminate transactions concluded under the framework agreement with imme-diate effect, irrespective of their original term, to close open positions or to take other suitable risk-minimizing measures if the Borrower defaults on interest or capital payments or on meeting its obligation to provide addi-tional collateral or if the Bank is of the opinion that the Borrower's financial circumstances or the value of the collateral have deteriorated materially.

831 178 1.07 Page 2/2

6. Charges for premature cancellation or repayment

Fixed advances may only be cancelled or repaid with the agreement of the Bank. In the event of premature cancellation or extraordinary termination, the Borrower shall, in addition to the principal, the current, accrued interest and interest shortfall pay the Bank a flat fee of 0.1% of the principal, subject to a minimum of CHF 1'000.00 as compensation for expenses and incon-venience incurred by the Bank. The amount of interest shortfall is dependent on prevailing conditions on the money and capital markets with regard to the remainder of the term. 7. Account statements

The debit interest will be debited to the Borrower’s current account at the end of the calendar quarter. For fixed advances with terms exceeding 12 months, interest shall be payable quarterly and for fixed advances with terms under 12 months interest shall be paid upon maturity. 8. Collateral All assets provided by the Borrower and/or third party pledgor in accordance with the “Deed of Pledge”. 9. Availability Within the scope of this framework credit limit, the Bank will lend against the pledged assets. The collateral value shall be determined at the sole discretion of the Bank. The credit line may be drawn down up to a maximum amount corresponding to the collateral value of the pledged assets at the time. Without limiting the right to ter-mination, the Bank may demand the provision of additional collateral within 48 hours. In all other respects, the provisions stipulated in the “Deed of Pledge” shall apply.

10. Taxes and charges Any taxes, charges, legal costs and other costs in connection with this agreement shall be borne exclusively by the Borrower. 11. Joint and several liability

If more than one person acts as the Borrower, they shall be liable on a joint and several basis. 12. Place of performance The place of performance is Zurich 1. For Applicants whose present or future domicile is outside Switzerland, the place of performance is also the place of debt enforcement (special domicile under the terms of Art. 50, para. 2 of the Federal Law on Debt Collection and Bankruptcy). 13. Applicable law and place of jurisdiction All legal relationships between the Applicant and the Bank are subject to Swiss law. The exclusive place of juris-diction for all proceedings is Zurich. The Bank is also entitled to take legal action against the Applicant before any other competent court. 14. Risk information

The Bank explicitly draws the Borrower’s attention to the fact that borrowing against securities/credit balances also entails a risk of price and currency fluctuations. 15. Other conditions The provisions of the “Deed of Pledge” referred to and the Bank’s “General Terms and Conditions including Safe Custody Regulations” are integral components of this agreement.

Place/Date Borrower’s signature

Enclosures

“General Terms and Conditions including Safe Custody Regulations”

811 403 11.09 Page 1/3

General Deed of Pledge

Pledgor

Name(s), first name(s)

Client

Name(s), first name(s)

1. The Pledgor hereby grants Clariden Leu Ltd. (herein-after referred to as the “Bank”) a right of lien on all of his/her current and future assets, rights, and claims (hereinafter referred to as the “pledged assets”) vis-à-vis the Bank.

In particular, this right of lien applies to:

all book-entry securities that are credited to a securi-ties portfolio held at the Bank by the Pledgor;

all securities, unsecuritized rights, holdings in precious metal safekeeping accounts, and other assets held in safekeeping and/or managed by the Bank or held elsewhere in the Bank’s name and for its disposal, but for the Pledgor’s account, as well as any restitution claims resulting thereof, now or in the future;

all of the Pledgor’s assets in all accounts held at the bank, in Swiss francs and in foreign currencies;

rights and claims from fiduciary investments made by the Bank for the Pledgor’s account;

Precious metal and coin accounts.

The right of lien also covers all forfeited, current, and future accessory rights such as interest, dividend pay-ments, subscription rights, etc.

Securities that are not in bearer form are pledged to the Bank in accordance with Article 901, para. 2 of the Swiss Civil Code (hereinafter referred to as the “SCC”). 2. The purpose of the right of lien is to secure any and all claims of the Bank against the Client arising from any agreements or contracts already concluded or to be en-tered into in the future within the context of business relationships, as well as claims on other legal grounds re-sulting from business operations with the Client. This ap-plies to both the principal of such claims as well as the accrued and maturing interest, commissions, expenses, fees and costs. In the case of several claims, the Bank will determine against which claims the collateral or liquidation proceeds will be credited.

To be completed by the Bank Signature of Pledgor checked: Date, signature and stamp 09030

Client no. (CIF) of the Pledgor ________________________________________ _______________________________________________________

811 403 11.09 Page 2/3

3. Where mortgage deeds, commercial paper or nego-tiable instruments, goods and chattels or securities issued on the basis of goods are pledged as collateral, the Pled-gor is liable for the customary insurance of the pledged property and/or the real estate, properties, items, and goods represented thereby. The Pledgor hereby assigns to the Bank all insurance and other private or public law compensation claims (including expropriation compensa-tion) accruing to him/her with respect to the aforemen-tioned items, and the Bank is entitled to make the neces-sary communications and collect such proceeds or indem-nification and to give receipt on his/her behalf. 4. This pledge is in addition to and independent of any existing or future security of the Bank and will remain in force until such time as the obligations toward the Bank have been fulfilled in their entirety. The release of individ-ual assets from this pledge will not affect the Bank’s right of lien in respect of the other pledged assets. In the event that collateral is exchanged, the new items will be subject to this pledge without further formalities. The entire asset is subject to this pledge, even if its value is increased by reason of additional payments, or for any other reason. 5. If the Bank determines in its discretion that the value of the pledged assets is no longer sufficient to secure the Bank’s claims, the Bank may require the Client to submit additional collateral and/or to repay a corresponding por-tion of the debt. If the Client does not comply with this request within the period stipulated by the Bank, all of the Bank’s claims against the Client will fall due without fur-ther notice.

If claims of the Bank are due, it shall be authorized to liq-uidate the pledged assets and use the proceeds to satisfy its claims after deduction of expenses and costs. The Bank may, at its discretion, instigate ordinary debt collection proceedings against the Client, realize the pledged assets by forced execution or, after giving prior notice to the Pledgor, it may liquidate the collateral by private contract, and in particular it may contract on its own account.

If the Bank refrains from liquidating pledged assets, this will not constitute a waiver of the Bank’s aforementioned right nor shall this result in any responsibilities for the Bank. 6. If the deed of pledge is issued on behalf of third par-ties, all communications will be deemed to have been duly transmitted if sent to the Client. The Pledgor undertakes to cooperate when transferring the pledged assets to a new buyer. Pledged securities that are not in bearer form are hereby assigned to the Bank in blank in case it should become necessary to liquidate them.

7. In the case of pledged mortgage deeds and other claims secured by real property, the Pledgor himself/ herself must take all necessary measures, such as appli-cations, notices of termination, amortizations, etc., to maintain the rights attaching to the pledged assets. He/she relieves the Bank of all responsibility in this regard. Moreover, the Bank will be entitled, but not obligated, to exercise all those rights and to make decisions which are the prerogative of the Pledgor or the owner of the pledged assets. In particular, in the event of termination of a claim secured by the pledge, the Bank is entitled, but not obligated, to directly terminate the claims against the mortgagor arising from the pledged mortgage deeds and to exercise all rights against the mortgagor in its own name. In the case of pledged mortgage deeds, particularly mortgage notes in the name of the owner, it is hereby agreed that no notice will be required in the event of ter-mination by the Bank. If the mandatory provisions of the relevant cantonal legislation deviate, it is hereby agreed that the minimum period of notice mandated by the can-tonal legislation will apply. The Bank is thus authorized to directly collect the principal, interest, and other income generated by the mortgages and also to enforce the claims for rent in accordance with Article 806 of the SCC as if it were the actual owner of the title or mortgage claim. In the case of the sale or fragmentation of the pledged properties, the rights accruing to the mortgage holder creditor pursuant to Articles 832, 833, and 852 of the SCC will be solely vested in the Bank for the duration of the pledge relationship. The Pledgor undertakes to forward to the Bank all associated notices that come to his/her attention without delay and to accept the Bank’s decisions. Non-compliance will cause the claims to fall due immediately. In the case of pledged mortgage deeds (par-ticularly mortgage notes in the name of the owner), the right of lien will cover the current annual interest as well as the annual interest accrued since the date of issue. Interest will be charged at 5% p.a. If, however, a higher rate or a higher maximum interest rate is specified, the latter will be deemed agreed. The Bank may draw on the principal and interest of pledged mortgage deeds sepa-rately, and in part or whole, as collateral for its claims.

8. The assets pledged hereunder will also serve to secure the Bank’s claims against the Client resulting from out-standing credit card payments. The Pledgor hereby con-firms that the Bank is authorized in this context to cover the Client’s outstanding credit card payments (including charges and costs), without providing the Client or the Pledgor with notification or a deadline, by liquidating the assets pledged hereunder by private contract (including by purchasing them itself) and applying the resulting pro-


Client no. (CIF) of Pledgor

811 403 11.09 Page 3/3

ceeds against the outstanding payments, as soon as the Client is in arrears with these payments. If the credit card relationship is terminated, the pledged assets may be re-tained until all outstanding credit card amounts (including charges and costs) incurred before termination of the credit card relationship or during collection proceedings have been paid in full, but in any case for at least three months after the termination of the credit card relation-ship. 9. For all other matters, the Bank’s General Conditions and Safe Custody Regulations, with which the Pledgor is familiar, apply.

10. The place of performance is Zurich 1. For Pledgors currently domiciled abroad or who move their domicile abroad in the future, this remains the place of perform-ance as well as the place of enforcement (special domicile in terms of Article 50 Paragraph 2 of the Swiss Federal Law on Debt Enforcement and Bankruptcy [Schuldbe-treibungs- und Konkursgesetz]).

All legal relationships between the Pledgor and the Bank are governed by Swiss law, to the exclusion of the conflict of law provisions of Swiss private international law. The exclusive place of jurisdiction for any disputes in connection with this agreement is Zurich. The Bank also reserves the right to take legal action against the Pledgor before any other competent court.

Place, date Signature of Pledgor






Client no. (CIF) of Pledgor

Tax Form U.S. Withholding / Individual Safekeeping Account Opening Documentation

Declaration of Status as “Non-U.S. Person” or “U.S. Person”1 Assets and Income Subject to United States Withholding Tax Safekeeping Account Holder 2

Name

First name

Street/No.

Zip code/Town

Country

Date of birth (dd.mm.yyyy)

Citizenship(s) 3 3

This declaration refers to safekeeping account no.:

(hereinafter referred to as the Client) Due to the United States withholding tax regulations, and to enable Clariden Leu Ltd. (hereinafter referred to as the Bank) to correctly determine the status and qualification of the Client for purposes of U.S. withholding tax as a “Non-U.S. Person” or “U.S. Person”, the undersigned Client hereby makes and confirms the following Declarations to the Bank: 1. Declaration of Status (individuals)

With regard to the above safekeeping account(s) in Switzerland, please check the appropriate box: a) Are you a U.S. citizen? (sole or dual citizenship) yes no b) Are you a “U.S. resident alien”? yes no (lawful permanent resident, e.g., “green card” holder, or anyone who meets the “substantial physical presence” test,

see 5. below) c) Are you a “U.S. Person” under U.S. tax principles for any other reason? yes no (e.g., dual residency, spouse filing jointly, relinquishing U.S. citizenship or long-term permanent residency in the U.S.,

others) Please state the reason:

1 To be kept on file internally with the Bank only 2 The holder is the person in whose name the account is held. If in name of more than one account holder, each holder

must fill out and sign separate forms. 3 List all citizenships, if more than one.


09063

Client No. (CIF)

Signature and stamp of Relationship Manager

825 373 3.10 Page 1/2

Tax Form U.S. Withholding / Individual Safekeeping Account Opening Documentation

825 373 3.10 Page 2/2

2. Beneficial Ownership The undersigned Client hereby declares that he/she is the beneficial owner according to U.S. tax principles of the assets and income to which this form relates. 3. Change of Circumstances in Status as Non-U.S. Person The undersigned Client undertakes to notify the Bank if his/her status as a Non-U.S. Person under U.S. tax principles changes to the status of a U.S. Person under U.S. tax principles. 4. Subsequent Discovery of Status as a U.S. Person / Agreement to Sell

U.S. Securities under Deduction of U.S. Backup Withholding Tax If, for whatever reason, this Declaration is or becomes inaccurate after its filing with the Bank due to

(i) a change in the circumstances regarding the Client’s status from a Non-U.S. Person to a U.S. Person, and/or (ii) late discovery of the fact that, notwithstanding this Declaration, the Client is or has become a U.S. Person

under U.S. tax principles, and If, at that time, the Client does not agree to file a valid IRS Form W-9 with the Bank,

the undersigned Client hereby irrevocably instructs the Bank to sell all U.S. investments falling hereunder in the safekeeping account(s), following standard business practice and without prior notice, and to deduct and to remit to the IRS the US backup withholding tax at the then-applicable rate on the gross proceeds of such investments, as provided for under the Qualified Intermediary Agreement concluded between the Bank and the U.S. Internal Revenue Service. 4 The undersigned Client expressly and without any limitation herewith waives any claims for damages and will indemnify the Bank for any liability in connection with the sale of his/her U.S. investments pursuant to the application of this provision.

5. “Substantial Physical Presence” Test You qualify as a “permanent resident” of the United States if you meet the so-called “substantial presence test.” To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. For details in terms of how to count days for these purposes, you should consult the IRS website: http://www.irs.gov/taxtopics/tc851.html. Place, date Client’s signature

4 Remittance of backup withholding tax to the IRS will be done without disclosure of the identity of the Client, as expressly foreseen by the

Qualified Intermediary Agreement.


Client No. (CIF)

Notes on filling in the “Declaration of Status as Non-U.S. Person or U.S. Person” form(for internal use only)

To be filled out by allindividual SafekeepingAcc. Holders, whetherU.S. or Non-U.S.

As determined acc. to U.S. tax principles /not same definition asunder P-00025

If held in the name ofmore than one accountholder, each holdermust fill out and signseparate forms (even ifthe holders only havejoint signa tory rights)

List all citizenships, ifmore than one

This confirmation isthe sole responsibilityof the client; in caseof doubt, he/sheshould consult a U.S.tax adviser

If client checks (a) or(b), he/she is “U.S.Person”; if client checks (c),RM should contactGroup Tax for furtherclarifications as to status

Specimen

818 458 3.10 Page 1/2

Specimen

RM should contactGroup Tax orFormalities if client isunable to give this confirmation

Client authorizes Bank in this case tosell U.S. securities inaccount and pay U.S.backup withholding tax – no disclosure ofidentity

818 458 3.10 Page 2/2

Agreement regarding Option and Forward Transactions

between

(hereinafter referred to as the Client)

and Clariden Leu Ltd. (hereinafter referred to as the Bank).

A. General Provisions 1. Scope 1.1 In the absence of special arrangements, this Agreement applies to standardized and non-standardized option and forward transactions, and particularly forward (incl. non-deliverable forwards “NDF”), future and swap transactions that are carried out between the Client and the Bank or on behalf and for the account of the Client in the name of the Bank with or via other banks or brokers of its choice on exchanges and over the counter on domestic and foreign markets and options and futures exchanges, such as Eurex. 1.2 The signing of this Agreement does not entail any obligation on the part of the Bank to conclude any individual contract. 2. Applicability and Amendment of Local Rules

and Regulations, Provisions and Practices 2.1 All transactions are subject to the rules and regu-lations on the market concerned in the country in ques-tion as well as all further provisions applicable, particularly those relating to position limits and other limits, contract specifications as well as standard practices. The Client acknowledges these by signing this Agreement. 2.2 The Bank may, without consulting the Client, take any and all actions that it considers necessary or appro-priate in order to implement any measures taken by the stock exchange or clearing house, to comply with rules and regulations, or to reduce losses. Such actions are binding on the Client. 2.3 Provisions, standard practices and contract speci-fications may change. Such changes are automatically binding on the Client as soon as they are published in the manner stipulated by the responsible body.

3. Calculation Agent The Bank makes all necessary determinations and adjust-ments to the transaction.

4. Concluding Transactions The Bank will provide the Client with written confirmation of each and every transaction concluded. In the event of discrepancies between the Client's own records and the confirmation received, the Client must notify the bank in writing or by telephone with subsequent written con-firmation immediately following receipt of the written confirmation. In this case, the Bank has the right, but not the obligation, to close out the transaction. If the Bank is not made aware of any such discrepancy in this manner, the written contract confirmation will be deemed correct and accepted. If the Client does not receive an expected confirmation, he/she must complain immediately, or at the latest by the time when the confirmation should have been received by ordinary mail or should have been available at the Bank in the case of poste restante at the Bank.

5. Transferability Generally, option and forward transactions are not trans-ferable. This does not apply to the transfer of positions in products traded on official stock exchanges provided this is permitted by the regulations in the country concerned and by the rules of the stock exchange in question as well as in certain other cases with the express consent of the Bank. A change of party is possible only in exceptional cases and with the express consent of the Bank. 6. Provision of Collateral by the Client, Setting

Off and Closing Out 6.1 The Bank may require the Client to supply collat-eral and/or a margin to secure all claims of the Bank or of third parties arising from open contracts. The Bank may use its discretion to determine the amount and the cur-rency of the margin, and may make changes at any time. In


04040

Client No. (CIF)

812 433 1.08 Page 1/5

particular, it is not bound to use the calculation methods of the exchange in question. The Client must have the necessary margin when issuing a buy or sell order, and must make the margin calculated by the Bank available in the form of cash or any other collateral considered suitable by the Bank. 6.2 The Client pledges to the Bank all assets that are held and managed for the account of the Client either with the Bank or elsewhere, in accordance with the Bank's general conditions. The provisions of separate pledge forms may also apply. 6.3 The Bank is entitled to set off the liquidation value of the Client's claims against the liquidation value of claims on the Client regardless of when they fall due and irrespective of any specifically agreed collateral for such claims. The possibility of offsetting claims can lead to a margin reduction. 6.4 If the margin is no longer sufficient, the Bank is entitled, but not obligated, to close out open option and/or forward transactions at any time without prior notice. This right to close out transactions continues to exist – even if the Bank calls for an additional margin – until such time as the margin is sufficient. 7. Release from Banking Confidentiality

for Transactions Executed on Certain Markets Outside Switzerland

The Client is fully aware that, if so requested, the Bank is obligated under US law to provide the Commodity Futures Trading Commission (CFTC) and the Securities & Ex-change Commission (SEC) with all the details – particu-larly the names of the ordering party – regarding option and forward transactions executed in the United States. The Client hereby expressly authorizes the Bank to supply such information and releases it from the obligation to maintain banking confidentiality in this regard. The same applies for other US regulations of this type as well as for other countries with similar legislation. 8. Risks 8.1 The Client's attention is drawn to the fact that he/she, as the seller of an option or forward contract, assumes the risk of theoretically unlimited losses, while the buyer's maximum possible loss is limited to the amount of the option premium initially paid or the forward contract price (including leverage), respectively. 8.2 The value of an option can decline even if the price of the underlying remains unchanged or moves in a favor-able direction, for example as the time value of the option falls or if the supply and demand relationship deteriorates.

8.3 The Client acknowledges that physical delivery can lead to a greater risk (purchase and/or sale of the underlying) as well as additional costs compared with the closing out of a contract. 9. Settlement Risk The Client accepts full liability for the settlement risk as-sociated with option and forward transactions. The Client relieves the Bank of liability for damages resulting from the processing of option or forward transactions. 10. Performance Costs, Profits and Losses Performance costs such as delivery expenses and all costs resulting from late delivery will be charged to and/or passed on to the Client. The Bank is entitled to debit to the Client's account any losses resulting from option or forward transactions, particularly in the case of closing out a position. Profits are credited to the Client's account. 11. Fees, Costs, Premiums, etc. The Client bears the fees, commissions and expenses, as well as any duties and taxes, and the premiums payable by the Bank when buying options. The Client hereby under-takes to reimburse the Bank for such expenses resulting from execution of the order and to relieve the Bank of such liabilities. The Bank is entitled to debit such expenses and amounts payable to the Client's account. Accordingly, the premium received on the sale of options will be cred-ited to the Client's account after the Bank's commissions and expenses have been deducted. 12. Time Details Bank working days are any days on which banks in Zurich and at the location of the branch where the safekeeping account is held – and if applicable the relevant exchange for the option or forward transaction in question – are open for business. The Bank reserves the right to amend this rule by notifying the Client. 13. Recording of Telephone Calls The Bank is entitled to electronically record telephone conversations regarding option and forward transactions. 14. Liability 14.1 The Bank accepts no liability for non-performance or inadequate performance of obligations or for damages attributable to acts of God, riot, war, natural disasters or other incidents beyond its control or to technical prob-lems, particularly system failure, not caused by negligence on the part of the Bank or which are the result of action by authorities in Switzerland or abroad. This also applies to damages resulting from technical problems or partial or complete unavailability of the exchanges' EDP devices or EDP systems, or due to data transfer errors.


Client No. (CIF)

812 433 1.08 Page 2/5

14.2 Furthermore, the Bank accepts no liability whatsoever for more far-reaching claims and damages, especially claims for indemnification for consequential or indirect damages, lost profits or loss of earnings, unrealized savings or additional expenses, irrespective of the legal grounds. 14.3 Any liability on the part of the Bank is restricted in all cases to unlawful intent and gross negligence. 14.4 Insofar as tasks were assigned to third parties or brokers, the responsibility of the Bank is limited to exer-cising due diligence when selecting and instructing such agents. B. Options 15. Types of Options 15.1 Call Options A call option entitles the buyer – if applicable subject to certain conditions – to buy a specific amount of the underlying from the seller (writer) at a predetermined price, the exercise price/strike price. The buyer of the option pays the seller a premium. A call option obligates the seller (writer) – if applicable subject to certain conditions – to deliver a specific amount of the underlying at a predetermined price, the exercise price/strike price, to the option holder (buyer) upon re-quest. The seller receives a premium from the buyer. 15.2 Put Options A put option entitles the buyer – if applicable subject to certain conditions – to deliver a specific amount of the underlying to the seller at a predetermined price, the ex-ercise price/strike price. The buyer of the option pays the seller a premium. A put option obligates the seller – if applicable subject to certain conditions – to accept delivery of a specific amount of the underlying from the option holder (buyer) upon request, and to pay a predetermined price, the exercise price/strike price. The seller receives a premium from the buyer. 16. Purchase of Options In order to buy options (calls and puts), the Client must have sufficient funds available to pay the corresponding premium (option price). 17. Premium The premium to be paid by the option buyer to the option seller is due and payable when the contract is transacted.

18. Sale of Options 18.1 The Bank requires that the margin necessary to cover the Client’s obligations arising from the sale of op-tion contracts be maintained at all times. 18.2 The Bank executes orders to sell covered call op-tions only if the Client holds the corresponding amount of underlying assets in his/her safekeeping account with the Bank. By issuing the order, the Client instructs the Bank to deliver or transfer these underlying assets to its contract-ing party if the option is exercised. The Client hereby pledges these underlying assets and all rights attaching thereto to the Bank as security for the order. Throughout the life of the option contract, the Client cannot reclaim the underlying assets without the consent of the Bank. The Client hereby expressly authorizes the Bank to fur-ther pledge the underlying assets (and the rights attach-ing thereto) pledged to it by the Client, to the Bank’s cor-respondents, option exchanges or their clearing houses. This right of lien lapses automatically if the option is not exercised before expiration or before it is closed out. 18.3 If, in agreement with the Bank, call options are sold without the simultaneous deposit of the correspond-ing underlying assets, these assets must be transferred to the Bank immediately upon the drawing or expiration of the option. If they have not been transferred by the set-tlement day, at the latest, the Bank is entitled to make the corresponding covering purchases at the expense of the option seller. 19. Risks with Uncovered and Sold Options As the seller of an uncovered (naked) call option, the Cli-ent assumes risks that could lead to theoretically unlim-ited losses. As the seller of a put option, the Client runs the risk of having to pay the total agreed contract value regardless of the price of the underlying on the day in question. 20. Closing Out, Exercise and Allocation of Options 20.1 Insofar as the Client wishes to instruct the Bank to exercise the options bought on his/her behalf, the Client must inform the Bank to this effect and provide the Bank with the underlying assets to be sold or the funds neces-sary to purchase the underlying assets at the latest one hour before the end of the exercise period, but in any case during the relevant bank opening hours. 20.2 If options bought on behalf of the Client are in-the-money upon expiration, the Bank will exercise such options or close out the positions at its discretion unless it has received specific instructions to the contrary from the Client at the time of exercise. The Bank reserves the right to amend this rule by notifying the Client.


Client No. (CIF)

812 433 1.08 Page 3/5

20.3 The Bank will allocate exercised contracts to the option sellers using a random selection procedure. 20.4 Against receipt of the contract value, the Bank is entitled, upon first request and without prior notice to the Client, to deliver the underlying assets to the buyer of call options or to make the corresponding covering purchases at the expense of the option seller. 20.5 If sold put options, uncovered call options or call options with cash settlement are exercised on behalf of the Client, the Bank is entitled to liquidate some or all of the assets pledged to it on the open market and to debit the Client’s account accordingly. The Bank will use the proceeds of such liquidation to buy the underlying assets to be delivered on the basis of the sale of uncovered call options or to be acquired on the basis of the sale of put options, and will deliver or credit such assets to its con-tracting party. C. Forwards 21. Characteristics Forwards are standardized or non-standardized off-exchange contracts issued on various underlyings, such as equities, bonds, commodities, precious metals, indices, currencies and interest rates. They establish the obligation to buy or deliver the amount or value of the asset in ques-tion at a specific future date at a predetermined price. 22. Obligations/Rights of the Parties/Closing Out Upon expiration, forwards are either closed out and set-tled in cash, or physical delivery takes place. D. Futures 23. Characteristics Futures are standardized exchange-traded contracts issued on various underlyings, such as equities, bonds, commodities, precious metals, indices, currencies and interest rates. They establish the obligation to buy or deliver the standardized amount or value of the asset in question at a specific future date at a predetermined price. 24. Obligations/Rights of the Parties/Closing Out 24.1 Upon expiration, futures are either settled in cash or physical delivery takes place, depending on the type of contract. 24.2 For all contracts where physical delivery is possi-ble, when entering into the contract the buyer assumes

the binding obligation to take delivery of the underlying asset upon expiration against payment of the full contract value, while the seller undertakes to deliver the underlying against receipt of the full contract value. Alternatively, the parties may agree to close out the position. Contracts where physical delivery is impossible are always closed out and settled in cash upon expiration. 24.3 Physical delivery is excluded for commodity futures. The position is closed out and settled in cash be-fore the beginning of the exercise period (usually after the last trade day or first notice day). The Client bears all risks and costs incurred if the contract cannot be closed out because of the market situation or other reasons not caused by the Bank. 25. Margin Coverage 25.1 The Client must have the necessary initial margin when issuing a buy or sell order, and must make the initial margin calculated by the Bank available in the form of cash or other collateral considered suitable by the Bank. 25.2 For open contracts, the variation margin results from the daily marking to market of the futures position after the close of trade (the current price is compared with the previous day's price). Depending on the profit or loss, the variation margin can be credited or debited to the Client's account daily without separate notification. The amount of the margin transfer is generally deter-mined at the end of every trading day. There can be de-lays in the case of futures traded on exchanges in other time zones.

E. Applicable Law and Place of Jurisdiction

All legal relationships between the Client and the Bank are subject to Swiss law. The place of performance and enforcement (special domicile in terms of article 50 paragraph 2 of the Swiss Federal Act on Debt Enforcement and Bank-ruptcy) for clients domiciled/headquartered abroad and the exclusive place of jurisdiction for all disputes is Zurich 1. However, the bank is also entitled to take legal action against the Client before a competent court at his/her place of residence/headquarters or before any other competent court.


Client No. (CIF)

812 433 1.08 Page 4/5

F. Knowledge of Risks and Applicable Provisions

By signing this agreement, the Client confirms that he/she is familiar with the mechanisms and risks inherent in the various option and forward transactions. In addition, he/ she has carefully considered whether, in this light, the obligations associated with forward and option transac-tions are compatible with his/her financial situation.

The Client has received a copy of the “Special Risks in Securities Trading” brochure and accepts the contents thereof. The Client further confirms that the client advisor has explained the mechanisms and risks in detail. He/she is aware of the clearly defined risks associated with each individual transaction he/she wishes to execute, and does not wish to receive additional information on the topic. In addition, the Client confirms that he/she has received and taken due note of the General Conditions as well as the Safe Custody Conditions of the Bank.

Enclosures: Brochure: “Special Risks in Securities Trading” General Conditions of the Bank Safe Custody Regulations of the Bank

Place/Date Place/Date

Client's signature

Clariden Leu Ltd.


Client No. (CIF)

812 433 1.08 Page 5/5


04200

Client No. (CIF)

812 768 8.08 Page 1/3

Agreement on Special Conditions for the Acquisition, Delivery and Safekeeping of Non-Traditional Investment Products (“NTIP”) by Clariden Leu Ltd. Name

(hereinafter referred to as the client)

1. Scope

This Agreement relates to the execution of orders relating to Non-Traditional Investment Products (hereinafter referred to as “NTIP”) and the safekeeping of such products on behalf of and for the account of the Client by and in the name of Clariden Leu Ltd. (hereinafter referred to as “the Bank”) or its custodians. It supplements the safekeeping account agreement between the Client and the Bank and the Bank’s General Conditions and Safe Custody Regula-tions. Should there be any conflict with the aforementioned provisions, the content of this Agreement shall prevail. The NTIP covered by this Agreement comprise hedge funds, funds of hedge funds, offshore funds (Cayman Islands, British Virgin Islands, Bahamas, etc.) and other third-party investment funds distributed by means of private place-ment and not through public offerings. 2. Information on Risks

The Client hereby confirms that he/she has received and read the brochure “Special Risks in Securities Trading” issued by the Swiss Bankers Association and understands the risks of the products it describes (especially the chapter on non-traditional funds). The Client also confirms that he/she has read the relevant issue and subscription docu-ments (hereinafter referred to as the “Product Documen-tation”) for all NTIP that he/she wishes to purchase through the Bank or have delivered to the Bank, and Annex 2 to this Agreement, and has understood all features, conditions and risks mentioned therein. The Client hereby releases the Bank from its duty to notify him/her of further risks relat-ing to this category of products or specific NTIP. 3. NTIP to be Chosen by the Client

The Bank does not perform a quality or risk analysis of NTIP, nor does it issue any recommendations. The Client confirms that he/she will select the NTIP for sub-scription/delivery himself/herself (where appropriate with the assistance of his/her external advisors) and has the

necessary experience, knowledge and risk tolerance to do so. All transactions executed by the bank on behalf of and for the account of the Client shall thus be under-taken exclusively on the Client’s initiative and at his/her risk. 4. Product Documentation

To allow speedy execution of the Client’s orders by the Bank, the Client hereby declares that he/she will provide the Bank with the current Product Documentation on the NTIP that he/she intends to acquire through the Bank or have delivered to the Bank or arrange for the Product Documentation to be provided to the Bank in good time (at least ten Bank working days before the relevant date for execution of his/her orders).

5. Conditions of Purchase

The Client shall not issue or instigate the issue of orders to the Bank that violate the conditions set out in the Product Documentation or applicable law. Further, the Client shall only issue or instigate the issue of orders to subscribe for/deliver NTIP where he/she does fulfill all the terms and conditions specified. When placing orders, the Client shall provide – or arrange to provide – the Bank with all relevant data detailed in the Product Documentation as the requirement for subscription to or delivery of the NTIP (client declarations, options, etc.). The Bank shall have no obligation to execute in-complete orders. The Client shall provide the Bank with confirmation that such data are complete and correct and shall notify the Bank of any changes without being requested to do so. If, at any time, the Client should no longer fulfill the terms of the NTIP as set out in the Product Documentation, the Bank may arrange for the NTIP units to be returned to the issuer or its agents (hereinafter referred to together as “the Issuer”) with-out first consulting the Client.


Client No. (CIF)

812 768 8.08 Page 2/3

6. “New Issue” and “Benefit Plan Investor” declarations

To ensure speedy execution of his/her orders, the Client shall provide the declarations usually required for NTIP (please check the appropriate box):

For the purpose of purchasing “New Issue” securities

the Client is defined as a “restricted person” within the meaning of Rule 2790 of the US National Association of Securities Dealers (NASD) for the following reason:

________________________________________________ (see definition of "Restricted Persons" in Annex 1) or

wishes to be treated as such.

The Client is a “Benefit Plan Investor” or invests mon-ies that can be construed as such (see definition of a “Benefit Plan Investor” in Annex 1).

7. Authorization to Disclose the Client’s Identity

at the Issuer’s Request

Many Issuers set a contractual obligation for investors to disclose the identity of the beneficial owner of the NTIP units to the Issuer (or a third party) on request. If the Client does not wish his/her identity and/or the identity of the beneficial owner of the NTIP units to be disclosed, he/she shall only issue the Bank with orders for NTIP that do not include any explicit or implicit obligation of this type. If the Client has authorized a third party to issue orders to the Bank on his/her behalf, he/she shall ensure that such third party takes this non-disclosure require-ment into account when selecting NTIP. In all other cases, the Client hereby authorizes the Bank to disclose his/her identity and/or the identity of the beneficial owner of the NTIP units to the Issuer (or a third party) on request, without first consulting the Client, insofar as this is the only way that the Bank can fulfill its contractual obli-gations. If the Client instructs the Bank to transfer the NTIP units to his/her name, such instructions shall comprise explicit authorization to the Bank to disclose the identity of the Client to the Issuer (or a third party). Further, the Client hereby declares that he/she consents that, in the cases set out in Section 13, where the Bank is required to transfer NTIP units to the Client, his/her identity may also be disclosed to the Issuer (or a third party). In such cases, the Client’s identity may also be disclosed without the Client first being consulted. 8. Executing the Client’s Orders

The Bank may refuse to execute the Client’s orders with respect to certain NTIP (especially those that entail a legal, tax or operational risk to the Bank) or make execu-

tion contingent upon additional conditions. If the Client does not fulfill such conditions promptly before the next possible execution date, the Client’s order shall lapse. In this case, the Bank shall not be liable for any potential losses (especially any foregone profit) or for any damage to the Client. 9. Corporate Actions and Additional Product

Information

The Bank shall administer the Client’s investments in accordance with his/her instructions (or the instructions of a third party with written authorization to issue such instructions) and the safekeeping account agreement concluded between the Client and the Bank, the Bank’s General Conditions and its Safe Custody Regulations. If the Client instructs the Bank to retain all correspondence, the Bank shall not accept liability for any resultant damage or loss to the Client (especially any foregone profits) resulting from such instructions. When undertaking corpo-rate actions, the Bank has to rely on the Issuer providing the necessary data and documents in full and on time, without being requested to do so. The Bank shall have no obligation to actively obtain information on the NTIP (including infor-mation on any changes in the conditions or product docu-mentation). If the Client has not issued or arranged to issue the Bank with any other instructions, the Bank shall always choose payment in cash rather than in units (where such a choice is available). The Bank shall not have any obligation to exercise voting rights without the explicit instructions of the Client or an authorized third party. 10. Capital Calls

The Client confirms that he/she is aware and agrees that the Bank, investing in NTIP on a nominee basis, i.e., in the Bank's own name but on the Client's risk and account, shall have a first lien on the Client's assets deposited with the Bank, and that the Bank shall be and hereby is authorized (i) to block such assets in the amount deemed appropriate by the Bank in its sole and absolute discretion in order to secure any outstanding capital calls, and (ii) to debit the Client's account(s) with any capital call amount without having to inform the Client beforehand. The Client further confirms that he/she is aware and agrees that the Bank reserves all its legal and/or contractual rights of pledge, retention, realization and/or set-off with regard to securing and/or settling any outstanding capital calls, to the fullest extent permissible under applicable law. Finally, the Client acknowledges and confirms that the Bank may debit his/her account(s) with a commission for the securing of any outstanding capital calls, the amount of such commission to be agreed upon with the Client separately.


Client No. (CIF)

812 768 8.08 Page 3/3

11. Conditions that Deviate from the Product Documentation; Special Agreements

The Bank shall have no obligation to conduct negotiations with the Issuer or third parties on the basic conditions for subscription, safekeeping and redemption. The Bank shall regard the conditions set out in the Product Documenta-tion as binding. It shall have no obligation to observe agreements between the Client and the Issuer or third parties which deviate from these conditions. The Client shall be responsible for ensuring observance of such con-ditions. The Bank reserves the right – where necessary – to modify product forms that have to be submitted to the Issuer or third parties at its discretion (especially clauses that are not compatible with applicable law or the Bank’s standard practice). On request, the Client or an author-ized third party may view such changes before placing the order. Placement of the order entails authorization by the Client of all amendments made by the Bank. 12. Indemnification

The Client hereby undertakes to support the Bank and to indemnify it against all losses, liability or compensation claims, costs and expenses (including legal costs and expenses relating to the defense or settlement of all claims, disputes and litigation) to which it is exposed in the course of its duties under the present Agreement, except in the event of deliberate or gross negligence by the Bank. Similarly, the Client undertakes to indemnify the Bank against all damage incurred by it as a result of the Client’s failure to comply with the declarations made in this Agreement. The Client shall be bound by these obligations even if he/she authorizes a third party to represent his/her interests as regards the management of assets deposited with the Bank or if he/she has delegated some or all of his/her obligations arising from this Agreement to a third party.

The Bank does not engage in litigation relating to disputes about NTIP. In such cases, the Client may instruct the Bank to transfer the units to himself/herself or to a third party designated by him/her. The Bank does not assume any responsibility for refusal by the Issuer to transfer the units to the Client or a third party. Even in such cases, the Bank shall not engage in litigation against Issuers or third parties. 13. Termination of this Agreement

This Agreement may be terminated at any time by the Client or the Bank. However, all rights and obligations arising from this Agreement shall only be extinguished when the NTIP has been sold or transferred to the Client’s name or to a third party designated by him/her and the Client has fulfilled all financial obligations to the Bank aris-ing from this Agreement. Following termination of the Agreement, the Client must notify the Bank in good time to whom the units should be transferred. Otherwise, the Bank reserves the right to transfer the units to the Client’s name or to have them transferred to the Client’s name. 14. Place of Performance and Applicable Law

The place of performance shall be the Swiss branch of the Bank with which the contractual relationship is concluded. For Clients whose present or future place of residence or domicile is outside Switzerland, the place of performance shall also be the place of enforcement (special domicile within the meaning of Article 50 Paragraph 2 of the Fed-eral Law on Debt Enforcement and Bankruptcy). The pre-sent Agreement and all rights and obligations contained therein or related thereto shall be subject to Swiss law. The Client hereby submits to the sole jurisdiction of the courts in Zurich, Switzerland, or at the location of the Bank branch with which the contractual relation-ship is concluded. The Bank is also entitled to take legal action against the Client before any other com-petent court.

Place/Date

Clariden Leu Ltd. Client’s signature

Annex 1 Definition of “Restricted Persons” Within the Meaning of NASD Rule 2790 and “Benefit Plan Investors” Annex 2 Notes on the Normal Terms of Operation for Investments in NTIP

812 768 8.08

Definition of “Restricted Persons” Within the Meaning of NASD Rule 2790 and “Benefit Plan Investors” 1) “Restricted person” within the meaning of NASD

Rule 2790 is the following:

a) A NASD member or a US or non-US broker dealer or an officer, director, general partner, associated person or employee of the same; or

b) An agent of a NASD member or a US or non-US broker-dealer that is engaged in the investment banking or securities business; or

c) A ‘finder’ or a person acting in a fiduciary capacity to managing underwriters in new issue offerings (e.g., attorneys, accountants); or

d) A person who has authority to buy or sell securities for any US or non-US Bank, savings and loan institution, insurance company, investment company, investment advisor or collective investment account; or

e) Any direct or indirect owner of a public reporting company listed or required to be listed as such on Schedule A, B or C of the SEC Form BD; or

f) An ‘immediate family member’ of any person mentioned in a) to f), unless the Investor who is an immediate family member (i) does not live in the same household with or materially support, or receive material support from, the direct or indirect owner, (ii) is not sold the new issue by the NASD member owned by the direct or indirect owner or by an affiliate of such NASD member, and (iii) has no ability to control the allocation of the new issue; or

g) A person having a beneficial interest in the persons described from a) to f).

‘Collective investment account’ means any hedge fund, investment partnership, investment corporation, or any other collective investment vehicle engaged primarily in

the purchase and sale of securities, but not (i) a legal entity that is beneficially owned solely by immediate family members, or (ii) an investment club. ‘Finder’ means a person who receives compensation for identifying potential investors in an offering. An ‘immediate family member’ means a parent, mother-in-law, father-in-law, husband, wife, brother, sister, brother-in-law, sister-in-law, son-in-law, daughter-in-law, child, as well as any other individual to whom the person provides material support. ‘Material support’ means directly or indirectly providing more than 25% of a person’s income in the prior calendar years. Members of the immediate family members living the same household are deemed to be providing each other with material support. 2) “Benefit Plan Investor”

means an individual retirement account or any plan organized by an employer or employee organization, which plan is designed to provide retirement, deferred compensation, medical, death, disability, unemployment, severance, vacation or similar benefits to employees. The employer may be private or may be a government, and the employees may be private or governmental employ-ees. A “benefit plan investor” includes any of the fore-going regardless of the jurisdiction where the plan is formed, the employer is located or the employee work. A “benefit plan investor” also includes any entity 25 per cent or more of any class of whose interests are owned by such plans.

Annex 1

812 768 8.08 Page 1/2

Notes on the Normal Terms of Operation for Investments in NTIP The normal terms of operation for investments in NTIP are outlined below. This list makes no claim to completeness and the conditions described here do not necessarily apply to every NTIP. More accurate details of the applicable conditions for a specific NTIP are contained in the issue and subscription docu-ments. For an explanation of the investment risks normally associated with this product category, please refer to the brochure published by the Swiss Bankers Association on the Special Risks in Securities Trading. 1. Primary/Secondary Market

NTIP can generally only be purchased and sold in the pri-mary market via the Issuer. In most cases, there is no liquid secondary market. Listing on an exchange (listing on the Irish Stock Exchange is customary) is not necessarily a guarantee of liquid trading.

2. Relevant Subscription, Payment, Redemption and Settlement Dates

a) Subscription to and redemption of most NTIP is only possible on one specific day in the month, quarter or year (hereinafter referred to as the “Trade Date”). Trade Dates for subscription and redemption may differ. Generally, there are more subscription than redemption Trade Dates each year.

b) In the case of subscriptions, the relevant forms and the amount to be subscribed must be received by the Issuer a few days or weeks before the Trade Date. The effective allocation of NTIP units is nor-mally only confirmed 3-4 weeks after the Trade Date. Redemption applications generally have to be submitted 1-3 months before the Trade Date. The Issuer normally disburses the redemption amount in 2 tranches, with payment of about 90% 4-6 weeks after the Trade Date and the balance some months after the Trade Date.

c) Some issuers specify mandatory lock-up periods of several months or years from the date of purchase. During these periods, the units cannot be redeemed.

d) Instead of a lock-up period, many issuers impose an “early redemption fee” if investments are redeemed within the first months or years after the data of purchase.

3. Instructions to the Issuer

a) Since pre-payment of the subscription amount is mandatory, subscriptions to NTIP can generally only

be made for nominal (monetary) amounts, not for numbers of units. The number of units can only be determined retroactively by the Issuer when the pur-chase price per unit has been set.

b) In most cases, subscription, redemption and transfer applications can only be submitted to the Issuer on the valid form provided by the Issuer. These docu-ments, which are normally very extensive and com-plex, often require extensive details of the final investor (beneficial owner).

c) If the Issuer offers various unit classes, currencies, etc., each application to the Issuer must state clearly to which NTIP units it refers.

4. Investor Suitability

a) The normal preconditions for investment in NTIP are assets of at least USD 1 million, knowledge and experience of complex financial instruments, and the necessary risk awareness and risk tolerance.

b) The minimum investment per investor is normally between USD 50,000 and USD 1 million.

c) US persons (persons whose place of residence is in the USA and/or US citizens and/or US taxpayers) are normally excluded from investment in NTIP.

d) If assets of the NTIP are invested in initial public offerings (IPOs) of US securities (“new issues”), the Issuer requires each investor to declare whether he/she is a “Restricted Person” (see definition of Re-stricted Persons in Annex 1). Restricted Persons may either not invest in the NTIP or the Issuer ensures that such persons do not share in the profits/losses arising from investments made by the NTIP in new issues (e.g. by issuing a separate unit class for such Restricted Persons).

e) Most issuers reserve the right to obtain further information and documents from the investor before accepting an investment application and/or at any time during the entire investment period. If such requirements are not met immediately, the Issuer can reject the application, initiate mandatory redemption of any units already allocated, or “freeze” existing units until the investor meets the Issuer’s request.

5. Acceptance of Investment Applications

by the Issuer

a) Most issuers reserve the right to reject subscription, redemption and transfer applications with or without reason. Similarly, the Issuer may allocate units for only part of the amount tendered or execute the application at a later date than requested. Many NTIP

Annex 2

812 768 8.08 Page 2/2

are closed to further subscription once a certain investment capital has been reached and restrict redemption to a certain percentage (generally between 10% and 25%) of total assets on each Trade Date. If the redemption application is below the minimum redemption amount set for the NTIP or if the investment in the NTIP drops below the mini-mum level as a result of redemption of some of the units, the Issuer may reject the application or regard it as an application for redemption of the entire investment and redeem it accordingly.

b) Typical reasons for complete cancellation of trade dates include major disruption of the financial mar-kets or communication media and short-term liquid-ity or valuation difficulties relating to the NTIP.

6. Deduction of the “Performance Fee” (only the

most common methods are described here)

Many issuers charge investors a performance fee. To ensure that each investor pays only the fee relating to the actual performance of his/her investment, the Issuer can

withhold some of the invested capital and distribute it to investors in the form of units in the NTIP after the end of the performance period (generally quarterly or annually) or he may instigate mandatory redemption of an inves-tor’s units at the end of the performance period and retain the amount redeemed, or he may issue a new series of units at each Trade Date (independent securities with their own security number). These can be converted into units at a given conversion ratio to the original units at the end of the performance period. 7. Repayment in Kind, Mandatory Redemption

of Units, FIFO Principle

Most issuers reserve the right to make repayment in kind – i.e. in securities or other assets of the NTIP rather than in cash – under certain circumstances. Issuers generally reserve the right to redeem an investor’s units directly at any time and on their own initiative, with or without giv-ing a reason. Most issuers use the first-in/first-out prin-ciple, i.e. the oldest units held by an investor are redeemed first unless otherwise instructed.

814 433 9.09

Disclosure Authorization (Travel Cash Card) Account name

_________________________________________________________________________________________________________

Client No. (CIF)

_________________________________________________________________________________________________________

The holder of the above-mentioned account (hereinafter referred to as the “Account Holder”) wishes to apply for a Travel Cash Card. As part of the application process and at any other time, including any future occasion when the Travel Cash Card is credited, Clariden Leu (hereinafter referred to as the “Bank”) is obligated to disclose to the Swiss Bankers Prepaid Services (hereinafter referred to as “SBPS”) all the required data on the Account Holder, cardholder, and/or any other person(s) who is/are the beneficial owner of the cash values loaded on the card. The Account Holder hereby expressly authorizes the Bank to disclose the required personal data to the SBPS in respect of the above-mentioned persons, in particular their name, address, domicile and nationality, as well as details regarding beneficial ownership. Furthermore, the Account Holder expressly authorizes the Bank to notify the SBPS of all information known to the Bank in the con-text of investigating transactions. The Account Holder has been notified and acknowledges that both the Bank and the SBPS are obligated and/or entitled to disclose all the available information to the authorities, courts and/or other third parties by order of the authorities and/or regulatory, legal or other rules. The data may be disclosed even after the Travel Cash Card(s) in question has/have already been closed, destroyed or invalidated in any other way.

The Account Holder is specifically obligated to notify the Bank, in advance and without being requested to do so, if he/she passes on the Travel Cash Card(s) issued to him/her by the Bank, even if the card(s) is/are passed on some considerable time after being issued by the Bank. The Account Holder is also obligated to inform any person to whom he/she passes a Travel Cash Card, and/or who is the beneficial owner of the cash values loaded on the card(s), of the applicable rules and obligations in full, in particular those regarding the disclosure of personal data to third parties. The Bank cannot be held liable for losses of any type that arise from the disclosure of information provided that the Bank has not acted negligently or with intent to cause loss in carrying out its duty to exercise due diligence. All banking relationships between the Account Holder and the Bank, as well as any other cardholder and the Bank, are subject to the applicable Swiss law (to the exclusion of the conflict of laws). The exclusive place of jurisdic-tion and debt enforcement is Zurich 1. However, the Bank is entitled to institute proceedings against the Account Holder at a competent court at his/her place of residence/headquarters or at any other competent court.

Place/Date Signature of Account Holder

_____________________________________________________________ _____________________________________________________________


Card number/s

814 038 8.11 Page 1/4

Application to Use Direct Net and/or SecureMail and to Receive Electronic Documents For natural persons

First application Change/addition to existing contract

1. Personal Details of the Client

Relationship number(s) (e.g. 0123-456789-0)

Account number (leave other details blank)

Mr Ms

Last name

First name

Street/No.

ZIP code/City

Country of domicile

Date of birth

2. Declaration by Clients with Numbered Accounts Regarding Access via Direct Net and/or SecureMail

I acknowledge that the Bank advises against the use of Direct Net, as such use is not consistent with my request for par-ticular discretion. I hereby confirm that the special risks have been pointed out to me and that I knowingly accept these risks. 3. Proof of Identity for Access to Direct Net and/or SecureMail Services

I already have a Direct Net and/or SecureMail agreement and wish to incorporate the new agreement into the one I already have. I do not require an additional identification element for this purpose.

Existing user ID: __________________________________________ 4. Direct Net Access under Existing Client Number

I am a client of Clariden Leu Ltd. (hereinafter referred to as the "Bank") and would like to use Direct Net for personal que-ries either for all of my accounts/safekeeping accounts or for selected accounts/safekeeping accounts held under my rela-tionship number. I would like to use (please select one) Direct Net fully for queries for all current and future accounts/safekeeping accounts held under the relationship

number(s) specified in section 1

In addition to the query access authorizations, I also grant access rights for

payment orders/transfers

and/or

securities orders

conducted within the framework of the relationship number(s) specified above.

or


07200

Client no. (CIF)

Signature and stamp of relationship manager

Contract number (to be completed by the Bank)

814 038 8.11 Page 2/4

Direct Net for the following selected accounts/safekeeping accounts held under the relationship number(s) speci-fied in section 1

Access Authorization Account/safekeeping account number (check as appropriate) Example: 0123–456789–01–2 Query* orders/transfers only

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

*The query only restriction applies solely to Direct Net services, and not to the other powers granted to the authorized user under the power of attorney.

5. Address instructions for Mailing Security Elements (One-Time)

The identification element is to be sent to:

the address provided in section 1 Dispatch by courier (for addresses abroad only)

or

The Client is aware of and expressly acknowledges that a third party will or may gain access to the identification elements if they are sent to an address other than the usual mailing address. The Client is also aware that the third party could then use these identification elements to access the Direct Net services associated with his/her accounts and safekeeping accounts. The Client accepts all liability for any damages.

the following address: Full name/company

Street/No.

P.O. Box

ZIP code/City Country (code)

Contact person (for a company) Mr Ms

Last name

First name

Telephone no.

Dispatch by courier (for addresses abroad only)

or

Retained correspondence (RET) – please indicate addressee's CIF:

6. Address Instructions for Mailing Correspondence and Replacement/Changed Security Elements

Send correspondence and replacement/changed identification elements to:

the address provided in section 1 Dispatch by courier (for addresses abroad only)


Client no. (CIF)

814 038 8.11 Page 3/4

or

The Client is aware and expressly acknowledges that if the correspondence and replacement/changed identification ele-ments are sent to an address other than the usual mailing address, a third party will or may receive the identification ele-ments. The Client is also aware that the third party will thus have access authorization for the Direct Net services associ-ated with his/her accounts and safekeeping accounts. The Client accepts all liability for any damages.

the following address: Full name/company

Street/No.

P.O. Box

Postal code/City Country (code)

Contact person (for a company) Mr Ms

Last name

First name

Telephone no.

Dispatch by courier (for addresses abroad only)

or

Retained correspondence (RET) (can only be selected if the relationship number specified in section 1 has the routing "Retained correspondence (RET)")

7. Delivery of Electronic Documents via Direct Net

I would like to make use of the delivery of documents in electronic form (hereinafter referred to as "e-documents") via Direct Net. Certain documents specified by law or not available in electronic form are excluded from this arrange-ment. In such cases, and in cases where Direct Net and/or e-documents is/are blocked or deactivated (see Terms and Conditions for E-Documents), the bank documents and statements will be delivered in paper form, by regular mail.

I would like my personal bank documents and advices to be delivered as follows:

in electronic form only

I no longer want to receive any paper documents and advices. Certain documents specified by law or not available in electronic form are excluded from this arrangement and will continue to be delivered in paper form.

Note: Clients who have given the Bank instructions to retain correspondence (RET) will receive only copies via

e-documents and may therefore only choose the option below. or

Documents and advices in both electronic and paper form

I want to receive electronic documents and advices in addition to the current delivery of paper documents. Original documents and advices will be delivered in paper form and a copy will be delivered electronically.

The selected mailing method is valid for

all of the user's relationship numbers under the above-mentioned Direct Net user ID (including any rela-tionship numbers of minors for whom the user is a parent or guardian).


Client no. (CIF)

814 038 8.11 Page 4/4

or

only the following relationship numbers under the above-mentioned Direct Net user ID (including any re-lationship numbers of minors for whom the user is a parent or guardian).

_ _ _ _

(e.g. 0123-465798-0)

_ _ _ _

Note: If joint accounts and joint safekeeping accounts are also to be activated, this application must be signed by all of the account hold-ers.

8. SecureMail Access under an Existing Relationship Number

I am a client of the bank and would like to use access SecureMail (secure e-communications channel with my relation-ship manager) for my personal use as part of my standard account/safekeeping account user options for all current and future accounts/safekeeping accounts held under my relationship number(s) listed in section 1.

In the future I wish to receive bank documents (if they are available) electronically via SecureMail.

9. Further Provisions

In addition to the other provisions that govern my relationship with Clariden Leu Ltd. (General Conditions, Safe Custody Regulations, etc.) and form an integral part of this agreement, the enclosed Terms and Conditions for the Use of Direct Net and/or SecureMail from Clariden Leu Ltd. apply. I confirm that I have received and taken note of these provisions. Any applicable fee regulations will be set out in a separate document.

The place of performance is Zurich. For account holders who reside abroad or who relocate abroad after signing this decla-ration, this place of performance will also be the place of enforcement (special domicile pursuant to Art. 50 para. 2 of the Federal Law on Debt Enforcement and Bankruptcy).

All my legal relationships with Clariden Leu Ltd. are subject to Swiss law. The exclusive place of jurisdiction for any disputes is Zurich. Clariden Leu Ltd. is also entitled to take legal action against me before any other competent court.

This application will not be deemed accepted by Clariden Leu Ltd. until I have received confirmation to this effect from Clariden Leu Ltd.

Date Applicant's signature


Client no. (CIF)

Terms and Conditions for Direct Net and/or Other Internet Services For natural persons

1 Access to Internet Services

1.1 To access internet services, users must first identify themselves by entering:

their user ID, their password (made up of a user-defined combina-

tion of letters and/or numbers), and the forms of identification and security procedure

selected by the Client and provided or accepted by Clariden Leu Ltd. (hereinafter referred to as the "Bank").

Transactions cannot be initiated if the required forms of identification are not entered.

The forms of identification described here may be sup-plemented, amended or replaced by the Bank at any time. The Client and his/her authorized agent can exchange or change the forms of identification provided or accepted by the Bank at any time.

1.2 The Client and his/her authorized agent must change the password sent to them by the Bank imme-diately upon receipt. We strongly recommend that clients change their passwords periodically. The same applies to certificates offered or accepted by the Bank.

1.3 A user who identifies him/herself in accordance with the provisions of para.1.1 is considered by the Bank to be authorized to use and activate internet services.

The Bank may therefore, within the framework and scope of the services selected on the application form and the selected access type, allow him/her to use internet appli-cations to access and dispose of the accounts and safe-keeping accounts listed on the application form, and accept his/her instructions and communications, irrespec-tive of his/her internal legal relationship with the Client, regardless of any statements to the contrary in the Bank's signature documentation and without further checks on his/her authorization. Furthermore, the Bank has the right at any time, and without stating reasons, to refuse to provide information or to accept instructions, orders, and communications and to insist that the Client or his/her authorized agent identify him/herself by alternate means (by signature or in person).

1.4 The Client unconditionally accepts all transactions via his/her accounts/safekeeping accounts accessible through the internet applications and that were con-ducted using an internet application in connection with his/her form of identification but without a written order. Similarly, all instructions, orders, and messages that reach the Bank through this channel will be regarded as having been entered and authorized by the Client.

2 Stock Exchange and Payment Orders

2.1 The Client accepts that his/her stock exchange and payment orders and any settlement instructions may not be processed immediately or on a 24-hour basis, but are dependent on the trading days/times of the relevant stock exchange and the public holidays/working hours of the branch at which the account is held and/or those of the processing unit.

2.2 The Client and his/her authorized agent also accept that transactions can only be initiated if the Bank has received the required transaction confirmation.

2.3 The Bank does not accept any liability for orders and/or settlement instructions which are not executed on time, or for damages (especially for price losses), pro-vided that it has exercised the normal commercial due diligence.

3 Client's Obligation to Exercise Due Diligence

3.1 The Client and his/her authorized agent are obliged to maintain confidentiality with respect to all forms of identification (see para. 1.1) and to prevent their misuse by unauthorized persons. In particular, passwords must not be recorded or stored unprotected on the Client’s end-user device once it has been changed (see para. 1.2 above). The Client bears full responsibility for all risks arising from the disclosure of his/her forms of identifica-tion or those of his/her authorized agents.

3.2 The obligation to maintain confidentiality and pre-vent misuse according to para. 3.1 applies separately to each individual authorized agent. The Client will thus also be liable for any damages resulting from authorized agents misusing the forms of identification of other au-thorized agents.

3.3 If there is any reason to suspect that unauthorized third persons have knowledge of the Client's or author-ized agent's form of identification as set out in para. 1.1, the form of identification in question must be changed.

3.4 The Client bears full responsibility for all conse-quences arising from the use – or misuse – of his/her forms of identification or those of his/her authorized agents.

4 Security of Internet Applications, Exclusion of Bank Liability

4.1 Despite state-of-the-art security precautions, neit-her the Bank nor the Client is guaranteed absolute secu-rity.

814 023 10.08 Page 1/3

814 023 10.08 Page 2/3

The user's end-user device is part of the system, but it is outside the Bank's control and can become a weak link. Despite all of its security measures, the Bank cannot accept responsibility for the Client's end-user device, as this is not technically feasible (see para. 4.2 for details of risks).

4.2 The Client acknowledges the following risks in par-ticular:

Insufficient familiarity with the system and lack of security precautions on the end-user device can make unauthorized access easier (e.g., saving data with insufficient protection on hard drives, file transfers, in-formation left on the screen, etc.). The Client is re-sponsible for learning about the necessary security precautions.

It is impossible to rule out the possibility that the Cli-ent's behavior may be profiled by the network provider (e.g., internet service provider), i.e., the provider may be able to identify when and with whom the Client makes contact.

There is a latent danger that third parties may gain undetected access to the end-user device when the internet services are being used.

There is also the danger that viruses may be spread to the end-user device if it connects to an external server when the internet services are being used. There are different software packages that can help the Client in his/her security precautions.

It is important that the Client only uses software from reliable sources.

4.3 In most cases, the Bank does not provide technical access to its services. This is the sole responsibility of the Client. In particular, the Client accepts that the Bank does not provide the special security software required for the internet applications. Thus, the Bank accepts no liability for the network operator (e.g., internet provider) or for the security software required for the internet applica-tions.

4.4 The Bank offers no guarantee for the accuracy or completeness of the internet application data it makes available to the Client.

In particular, information regarding account and safe-keeping accounts (balances, statements, transactions, etc.) and generally available information, such as stock market prices and foreign exchange rates, is considered non-binding. Internet application data do not constitute binding offers except where explicitly designated as such.

4.5 The Bank cannot be held liable for any damages that the Client or his/her authorized agent may incur as a result of transmission errors, technical defects, system overloads, interruptions (including system-related mainte-nance), malfunctions, illegal access, and the malicious blocking of telecommunication equipment and networks or due to other deficiencies on the part of the telecom-munication infrastructure and network operators.

4.6 Provided it has exercised the normal due diligence, the Bank is not liable for the consequences of malfunc-tions and interruptions, especially in processing, that affect the Bank's internet applications (e.g., consequences that are caused by illegal access to the Bank's system).

4.7 Furthermore, the Bank expressly accepts no liability for any software (e.g., via disk/CD or download) and hardware (including forms of identification) it may have supplied, or for consequences resulting from or occurring during distribution of the software via the network (e.g., the internet).

4.8 If the Bank detects any security risks, it reserves the right to interrupt internet services for the protection of the Client at any time until the risk is removed. The Bank accepts no liability for any damages incurred as a result of such interruptions.

4.9 The Bank accepts no liability for damages that the Client incurs as a result of the non-performance of his/her contractual obligations to a third party, or for indirect or consequential losses, such as lost profits or third-party claims.

4.10 The Bank accepts no liability for damages resulting from minor negligence on the part of support staff per-forming their normal duties.

5 Blocking Access

The Bank is authorized to block access by the Client and/or any of his/her authorized agents to some or all services at any time and without stating reasons and without prior notice, if it thinks there are sufficient grounds for doing so.

6 Banking Confidentiality

The Client is aware that data is transmitted via an open-access network (e.g., the internet). The data may there-fore be transmitted across borders on a regular basis and without being monitored. This also applies to data trans-fers where both the sender and the recipient are located in Switzerland.

While the individual data packets are transmitted in en-crypted format, the identities of the sender and the re-cipient are not and may be read by third parties. This may allow third parties to conclude that there is a banking relationship and/or a payment relationship between the Client or his/her authorized agent and the payee.

7 Foreign Legal Provisions/ Import and Export Restrictions

7.1 The Client and his/her authorized agent are aware that, under certain circumstances, the use of internet applications from abroad may violate the laws of other countries. The Client and his/her authorized agent are responsible for determining whether this is the case. The Bank accepts no liability in this regard.

814 023 10.08 Page 3/3

7.2 If the Client uses the services with internet applica-tions from abroad, he/she acknowledges that he/she may be violating import/export restrictions for the encryption algorithms.

8 Amendments to the Agreement

The Bank reserves the right to amend these terms and conditions and alter the internet services it offers at any time. The Client and his/her authorized agent will be notified of such changes in writing or by other appropriate means. The changes will be deemed to have been ac-cepted unless the Bank receives written notification to the contrary within one month. In any case, changes will be deemed to have been accepted the next time the internet service is used.

9 Marketing Purposes

The Client and his/her authorized agent agree that the Bank may use client data from internet applications for its own marketing purposes.

10 Data Processing for Security Purposes

The Client and his/her authorized agent agree that the Bank may process all payment transaction data for secu-rity purposes. The resulting payment profile will serve to prevent any fraudulent payments and thus protect the Client.

11 Notice of Termination

Notice of termination of authorization for an internet application can be submitted by either party to this agreement in writing at any time. The Client should submit notice of termination to his/her relationship manager at the Bank.

12 Provision for Statutory Regulations

12.1 Once in effect, any legislation governing the opera-tion and use of telecommunication infrastructure and networks applies to these terms and conditions, as well as to the internet application connection covered by this agreement.

12.2 The Client and his/her authorized agent acknow-ledge that there may be additional restrictions on internet application services for clients/authorized agents domi-ciled in certain countries.

13 Charges

The Bank reserves the right to introduce charges for its services or to change existing charges at any time.

814 283 1.07

1. Reference to the terms and conditions for Clariden Leu Ltd. Direct Net

All the terms and conditions for Direct Net from Clariden LeuLtd. apply mutatis mutandis to the use of SecureMail, withthe exception of para. 2.

2. Access to SecureMailSecureMail allows the customer or authorized agent (bothhereinafter referred to as User) to exchange information, inencrypted form over a closed e-mail system, with therelationship manager of Clariden Leu Ltd. (hereinafter referred to as Bank) on all accounts and safekeeping accounts held under a specified relationship number. TheUser’s authorization shall not exceed the scope of a previouslyestablished power of attorney. Parties who have been grantedDirect Net viewing rights without a power of attorney arepermitted to use SecureMail only within the scope of this authorization. The Bank reserves the right to refuse informa-tion it receives via SecureMail at any time and without statingreasons and may demand that the user present another formof identification (e.g. a signature or visit in person).

3. Use of SecureMail as communication channelThe Bank does not accept responsibility for orders which arenot executed on time (such as payment orders, stock mar-ket orders), or instructions (such as revocation of orders issued, or powers of attorney, blocking of credit/debit cardsor e-banking services) that were sent to the Bank by theuser via SecureMail. Messages sent to the Bank by the Userwill be at the location processed only on working days of thebranch where the account and/or safekeeping account isheld. Messages transmitted by SecureMail are handled withthe same priority as other forms of communication (letters,faxes, etc.), i.e. they are not given higher priority. The Bankdoes not accept responsibility for messages with such con-tent being received and processed on time. The channelsstipulated should be used exclusively for orders that aretime-critical or involve deadlines.

4. Notification by e-mailThe User can opt to be notified by e-mail when messagesarrive in the SecureMail mailbox. The User acknowledgesthat notification is sent by e-mail in unencrypted form overa public network and that confidentiality cannot thereforebe guaranteed. Moreover, the notification will feature theBank’s name as the sender. Therefore, a third party caneasily conclude that a banking relationship exists.

5. Transmission of bank documents via SecureMail Users have the option to have certain documents sent tothem electronically via SecureMail instead of in the normalway by post. To arrange for the electronic transmission of

documents, the customer or each person authorized byhim/her must contact his/her relationship manager. Thecustomer acknowledges that documents of the Bank areconsidered to have been sent as soon as the user has accessed them in the SecureMail mailbox. All deadlines associated with the documents become valid from this time.If Users have arranged for their SecureMail mailbox to beblocked, they are responsible for making the Bank’sdocuments that have arrived during the blocking period accessible, or possibly canceling the sending of documents viaSecureMail altogether. In this case, the customer or personauthorized by him/her must contact his/her relationshipmanager immediately.

6. Administer the SecureMail mailboxThe Bank limits the disk space available for saving messages.Shortly before a User’s mailbox reaches the storage limit, SecureMail will prompt the User to delete messages, or toprint them out, or to save them on a local system. If a mail-box nevertheless reaches the storage limit, it will no longerbe possible for the User to send or receive messages untilhe has deleted some messages. When the agreement comes to an end, the User’s Secure-Mail mailbox is closed, i.e. it is no longer possible to send orreceive messages. From this time on the User is allowed aperiod of 20 days in which he/she can read and save mes-sages that have not yet been read or downloaded. The SecureMail mailbox is then closed, and unsaved documentsand messages are lost. The Bank will not accept liability forany damages incurred by the User as a result. The customeror the person authorized by him/her acknowledges fur-thermore that SecureMail is not meant to be used for thearchiving of documents and messages. For archiving pur-poses, these must either be printed out or archived on astorage medium (e. g. hard disk, CD-ROM).

7. Banking customer secrecyCommunication by SecureMail takes place in encryptedform; however, the sender’s and the recipient’s IP addressescan still be read. These addresses can also be viewed by thirdparties who may therefore be able to trace the existence ofa banking relationship.

8. Change of the contractThe Bank reserves the right to make changes to these termsand conditions and to SecureMail services at any time. Notification of any such change shall be sent to the customerfor his/her own or his/her authorized agent’s attention byletter or other appropriate means (such as a message sentby SecureMail). Changes shall be valid unless the Bank receives written notification to the contrary within one month,but in no case later than the next time SecureMail is used.

Terms and conditions for SecureMail under Direct Net agreement

814 368 5.08 Page 1/2

Terms and Conditions for E-Documents for Natural Persons 1. Reference to the Terms and Conditions for Direct Net

1.1 The Terms and Conditions for Direct Net also apply to the use of e-documents. As a condition for the activa-tion of e-documents, the User must have signed a Direct Net application form. 1.2 The electronic delivery of bank documents and advices governed by these terms and conditions relates to banking business to which separate contracts and terms and conditions apply, e.g. the Bank's General Condi-tions. In the event of any discrepancy vis-à-vis such separate contracts and terms and conditions arising from the use of e-documents, the provisions set out below will take precedence. 2. Subject of These Terms of Use

E-documents enables the User to receive specific docu-ments as determined by the Bank either in electronic form only or in electronic form as well as paper form. To this end, the Bank provides the User with an electronic mail-box (hereinafter referred to as the “Documents Inbox”), to which the Bank then delivers such documents and advices, which are then deemed to have been delivered to the User. 3. Delivery of Electronic Documents and Advices

3.1 Provided an option under section 2.1 has been selected, this application governs the electronic delivery of all bank documents and advices of all the accounts/ safekeeping accounts under the relationship number in question pursuant to the instructions in section 2.1 of the application. The delivery of electronic bank documents and advices is undertaken irrespective of which accounts/ safekeeping accounts are activated in Direct Net. 3.2 The User may amend the means by which bank documents and advices are dispatched, as specified in section 2.1 of the application, by writing to his/her client advisor. 3.3 If only option 2.3 is selected, this application gov-erns only the setup of a Documents Inbox for the receipt of bank documents and advices of third parties. In this case, electronic documents will be delivered to the User only if another account holder has specified the User as the recipient of his/her bank documents and advices using the form “Instructions for Directing Correspondence to Third Parties – Private Clients.”

4. Time of Delivery

4.1 The User acknowledges that bank documents and advices delivered via e-documents are considered to have been delivered as soon as the User can access them in the Documents Inbox in Direct Net. Any deadlines associated with the bank documents and advices start to run from that time. 4.2 The User hereby expressly acknowledges that, by delivering bank documents and advices electronically to the User's Documents Inbox, the Bank specifically fulfills its obligations to inform and report to the User. 5. Blocking of Direct Net

A blocking of Direct Net by the Bank or the User prevents any further access to the electronic documents and advices that have already been delivered to the Docu-ments Inbox. All bank documents and advices normally sent as e-documents will continue to be delivered elec-tronically throughout the blocking period. If the blocking lasts longer than seven days, all unopened original docu-ments delivered electronically up to 30 days prior to the blocking will also be printed out and sent to the User in paper form. These electronic documents and advices will be marked as “opened” in the Documents Inbox. All documents and advices already opened by the User and all documents and advices delivered prior to 30 days before the start of the blocking will not be forwarded in paper form. If the blocking lasts for more than 60 days, elec-tronic delivery will be interrupted definitively, and all further documents and advices will be delivered exclu-sively in paper form to the recipient's address. A fee may be charged for any subsequent request for documents and advices that have already been delivered. 6. Definitive Deactivation of Direct Net

After deactivation of Direct Net, all newly issued bank documents and advices will be sent to the User in paper form only. Moreover, any unopened electronic original documents and advices received in the 30 days prior to the deactivation will be printed out from the Documents Inbox and sent to the User in paper form. Unopened documents and advices older than 30 days will not be sent in paper form.


Client No. (CIF)

814 368 5.08 Page 2/2

The User acknowledges that he/she must save all relevant bank documents and advices on a local data storage device prior to the deactivation of Direct Net. A fee may be charged for any subsequent request for documents and advices that have already been delivered. 7. Complaints from the User

Any complaints from the User regarding electronic bank documents and advices should be made as soon as they arise and within the deadline indicated for the relevant document or advice. If no objection is lodged within the specified period for the respective bank document or advice or, at the latest, within 30 days of delivery to the Documents Inbox, the relevant electronic documents will be deemed accepted by the User. 8. Storage of Documents and Advices

8.1 The User acknowledges that electronic bank docu-ments and advices remain accessible until such time as they are deleted by the User or otherwise for a maxi-mum period of 24 months from the time of delivery to the Documents Inbox, and are no longer available elec-tronically after this period expires. A fee may be charged for any subsequent request. 8.2 The User is personally responsible for all legal obli-gations (e.g. in Switzerland, the Ordinance on the Mainte-nance and Preservation of Business Records [GeBüV], the Ordinance of the Federal Department of Finance on Elec-tronic Data and Information [OElDI]), in particular for the recording, suitable storage and/or saving of the electronic bank documents and advices delivered via e-documents, as well as for their integrity and subsequent use. 8.3 In view of the limited time that electronic bank documents and advices may be kept in the Documents Inbox, e-documents is not suitable for their long-term storage. For this reason, users are advised to download any indispensable documents and advices to their own data storage device.

9. Legal Status of Electronic Documents and Advices

9.1 The Bank cannot guarantee that the bank docu-ments and advices that are delivered electronically will be accepted as evidence by Swiss and international authori-ties. The User accepts personal responsibility when using the documents in matters concerning such authorities. A fee may be charged for any subsequent request for documents and advices in paper form. 9.2 Printouts of electronic documents and advices do not constitute originals. It is therefore imperative that electronic bank documents and advices be stored in their original (unchanged) electronic form. It is particularly important to note that electronic bank documents and advices should be saved using only the Adobe Acrobat Reader version that is recommended by the Bank at the time in question. Saving the relevant documents or advices using an earlier version of the software may cause the electronic signature on the document or advice to become illegible. 9.3 The Bank draws the User's attention to the fact that bank documents and advices must be submitted in paper form if expressly requested by authorities with investiga-tive powers (e.g. the tax authorities). 10. Delivery in Paper Form Reserved

The Bank may, at any time, issue bank documents and advices in paper form, either exclusively or in addition to electronic versions, without being obligated to state any reasons. 11. Amendments

The Bank may, at any time, amend and/or supplement the Terms and Conditions for E-Documents, the e-docu-ments service offering, as well as the charges for any additional services, such as delivery of paper copies. Any such amendment or supplement will be communicated to the User in writing or in another appropriate manner (in particular delivery via e-documents), and will be consid-ered as having been accepted unless a written objection is received within a month of notification, but in any case no later than the first time e-documents is used following notification of the change.


Client No. (CIF)

810 323 7.08 Page 1/1

Establishment of the beneficial owner’s identity Name, first name/Company (contracting partner) Client No. (CIF), resp. account/safekeeping account No.

(hereinafter referred to as client)

Beneficial owner The concept “beneficial owner” refers to the person who is the ultimate owner of the deposited assets. The beneficial owner does not necessarily have to be granted power of attorney or signatory authority for the business relationship.

The client hereby declares (please tick one box only)

that he/she is the only beneficial owner of the assets concerned

that the beneficial owner/owners of the assets concerned is/are:

1 Name/Company Nationality

First name Date of birth

Address/Domicile Country of domicile (do not abbreviate)







The client undertakes to inform Clariden Leu Ltd., of his/her own accord, about any changes.

Date Client's signature

Note: This form is a document as defined in Art. 110 para. 4 of Swiss Penal Code (SPC). Willfully providing false information when completing this form may result in the penalties set out in Art. 251 of the Swiss Penal Code (document forgery; up to five years' imprisonment or a fine).

First submission of the form Replaces all previous forms A

Annex to one or more existing forms A


01002

Client No. (CIF)

Form A as per Art. 3 and 4 CDB A

810 323 7.08 Page 1/1

Establishment of the beneficial owner’s identity Name, first name/Company (contracting partner) Client No. (CIF), resp. account/safekeeping account No.

(hereinafter referred to as client)

Beneficial owner The concept “beneficial owner” refers to the person who is the ultimate owner of the deposited assets. The beneficial owner does not necessarily have to be granted power of attorney or signatory authority for the business relationship.

The client hereby declares (please tick one box only)

that he/she is the only beneficial owner of the assets concerned

that the beneficial owner/owners of the assets concerned is/are:










The client undertakes to inform Clariden Leu Ltd., of his/her own accord, about any changes.

Date Client's signature

Note: This form is a document as defined in Art. 110 para. 4 of Swiss Penal Code (SPC). Willfully providing false information when completing this form may result in the penalties set out in Art. 251 of the Swiss Penal Code (document forgery; up to five years' imprisonment or a fine).

First submission of the form Replaces all previous forms A

Annex to one or more existing forms A


01002

Client No. (CIF)

Form A as per Art. 3 and 4 CDB A

How to complete the A form(Please note that this form is not a power of attorney!)

* If the money belongs to you and a third person or to a third person only, you must tick the lower box. You must also listyour and the third person’s first name, name, residential address, country of domicile, date of birth and nationality.

SpecimenThe assets belongonly to you

Date Sign here

818 473 7.08

The assets belongeither to you and athird party or onlyto a third party,namely: (importantnote)*

Please tick to indi-cate whether youare filling in thisform for the firsttime, whether it isa supplement to anexisting form, orwhether this formreplaces all previousforms.

812 718 7.08 Page 1/3

Authorization for Fiduciary Investments FINER REVEXUS Products Client

Name(s), first name(s) / Company / Number of numbered account

(hereinafter referred to as the Client) 1. Authorization

With reference to the General Authorization for Fiduciary Deposits granted to Clariden Leu Ltd. (hereinafter re-ferred to as the Bank) on __________________________ , the Client further authorizes the Bank from the date of signing to conduct fiduciary investments of the type described below on his/her behalf and at his/her risk. In accordance with this Authorization and the general authorization for fiduciary investments, the Bank can use its own discretion to select the debtor, sum, cur-rency(ies), precious metal(s), conversion rate, kick-in-level and knock-out-level, maturity and interest rate of the FINER REVEXUS Products, provided that it does not receive other instructions from the Client before conclu-sion of the trade. The fiduciary investment is normally placed with a foreign division of the Bank. This Authorization is valid until revoked. The revocation must reach the Bank at least 5 business days before maturity of any running deals. However, investments that are running at the time of revocation will continue until the repayment date originally envisaged. Unless revoked, the Authorization will remain in force even after the Client’s death or incapacity. 2. Product description

Within the meaning of these regulations, FINER REVEXUS Products are fiduciary investments which can be made in currencies as well as in precious metals and which include an option. Due to the sale of the option a yield is being achieved which is always higher than the prevailing fiduci-ary interest rate on the respective initial investment. The option has different outcomes depending on the type of product chosen: a FINER REVEXUS i If on the reference date the investment currency or

precious metal (“initial investment”) trades weaker

against the alternative currency or alternative pre-cious metal (“alternative investment”) than the pre-determined conversion rate (Strike Price), the investment amount and the yield are paid back based on the option in the initial investment.

ii If on the reference date the initial investment trades at the same level or stronger against the alternative investment than the predetermined conversion rate (Strike Price), the investment amount and the yield are paid back based on the option in the alternative investment at the predetermined conversion rate.

b FINER KICK IN REVEXUS (KI): i If during the lifetime of the product or on the refer-

ence date the initial investment never trades against the alternative investment at or beyond (above or below) the kick-in-level, the investment amount and the yield will be paid back based on the option in the initial investment.

ii If during the lifetime of the product or on the refer-ence date the initial investment once trades against the alternative investment at or beyond (above or below) the kick-in-level and if on the reference date the initial investment trades weaker against the alternative investment than the predetermined con-version rate (Strike Price), the investment amount and the yield are paid back based on the option in the initial investment.

iii If during the lifetime of the product or on the refer-ence date the initial investment once trades against the alternative investment at or beyond (above or below) the kick-in-level and if on the reference date the initial investment trades at the same level or stronger against the alternative investment than the predetermined conversion rate (Strike Price), the investment amount and the yield are paid back based on the option in the alternative investment at the predetermined conversion rate.


Client No. (CIF)

812 718 7.08 Page 2/3

c FINER KNOCK OUT REVEXUS (KO) i If during the lifetime of the product or on the refer-

ence date the initial investment once trades against the alternative investment at or beyond (above or below) the knock-out-level the investment amount and the yield are paid back based on the option in the initial investment.

ii If during the lifetime of the product or on the refer-ence date the initial investment never trades against the alternative investment at or beyond (above or below) the knock-out-level and if on the reference date the initial investment trades weaker against the alternative investment than the predetermined conversion rate (Strike Price), the investment amount and the yield are paid back based on the option in the initial investment. iii If during the lifetime of the product or on the reference date the initial investment never trades against the alternative investment at or beyond (above or below) the knock-out-level and if on the reference date the initial investment trades at the same level or stronger against the alternative in-vestment than the predetermined conversion rate (Strike Price), the investment amount and the yield are paid back based on the option in the alternative investment at the predetermined conversion rate.

d FINER KICK IN / KNOCK OUT REVEXUS (KIKO) i If during the lifetime of the product or on the refer-

ence date the initial investment once trades against the alternative investment at or beyond (above or below) the knock-out-level the investment amount and the yield are paid back based on the option in the initial investment.

ii If during the lifetime of the product or on the refer-ence date the initial investment never trades against the alternative investment at or beyond (above or below) the kick-in-level the investment amount and the yield are paid back based on the option in the initial investment.

iii If during the lifetime of the product or on the refer-ence date the initial investment never trades against the alternative investment at or beyond (above or below) the knock-out-level and the initial invest-ment once trades against the alternative investment at or beyond (above or below) the kick-in-level and if on the reference date the initial investment trades weaker against the alternative investment than the predetermined conversion rate (Strike Price), the investment amount and the yield are paid back based on the option in the initial investment.

iv If during the lifetime of the product or on the refer-ence date the initial investment never trades against the alternative investment at or beyond (above or below) the knock-out-level and the initial invest-ment once trades against the alternative investment at or beyond (above or below), the kick-in-level and if on the reference date the initial investment trades at the same level or stronger against the alternative investment than the predetermined conversion rate (Strike Price), the investment amount and the yield are paid back based on the option in the alternative investment at the predetermined conversion rate.

In general the reference date is two working days prior to the fiduciary investment’s maturity date. The investment pair (initial investment and alternative investment), the conversion rate (Strike Price), the kick-in-level as well as the knock-out-level are determined in advance by the Client or by the Bank. However, one part of the invest-ment pair to which the conversion rate refers must be identical with the initial investment. The relevant spot market rate is the rate traded on the reference date for the investment pair and determined by the Bank in good faith. 3. Risks

Depending on the option the Client takes the risk that the repayment of the investment amount and the payment of the yield are not made in the initial investment but in the alternative investment at the predetermined conversion rate. The conversion back into the initial investment may result in a loss. Apart from this risk, the general risks associated with fiduciary investments such as conversion-, currency- or regulatory risks, also apply. 4. Confirmation

The Client confirms that he/she has read and understood the product description for FINER REVEXUS Products and understands the risks involved. The Client also accepts that the investments conducted on his/her behalf are carried out at his/her risk regardless of the counter party and that the Bank has no obligation to monitor the investments, and that it accepts no liability in connection with the investments. Otherwise, the Bank’s General Conditions, of which the Client is aware, apply.


Client No. (CIF)

812 718 7.08 Page 3/3

5. Applicable Law and Place of Jurisdiction

The place of performance is Zurich 1. For Clients whose present or future domicile is outside Switzerland, the place of performance is also the place of debt enforce-ment (“special domicile” under the terms of art. 50 para. 2 of the Swiss Federal Law on Debt Enforcement and Bank-ruptcy).

All legal relations between the Client and the Bank are governed by Swiss law. The exclusive venue for any kind of legal proceedings is Zurich 1. The Bank also reserves the right to take legal action against the Client before any other competent court.

Place/Date

Signature(s) of the Client(s)


Client No. (CIF)

810 203 7.08 Page 1/2

Power of Attorney

Client

Name(s), first name(s) / Number of numbered account

(hereinafter referred to as the Client)

The undersigned Client hereby gives

Mr Ms Company Name/Company

First name


Date of birth/Date of Incorporation

Nationality

ZIP code/Town

Country of domicile

(hereinafter referred to as the Attorney)

Relationship to the Client

authorization to act as his/her true and lawful attorney and vests in him/her the power to legally represent him/her in respect of all dealings with Clariden Leu Ltd. (hereinafter referred to as the Bank). The Attorney is in particular also authorized to dispose of securities and other assets, credit balances on accounts, savings books, etc. held with the Bank in the name of the Client, and to take up loans and sell, pledge or withdraw securities and other assets. The Attorney can also conduct all transactions to which he/she is authorized through this power of attorney on his/her own account or in favor of third parties. The Attorney’s signature and any of his/her declarations, actions and measures are fully binding on the Client. The Client confirms that the signature of the Attorney is au-thentic.

It is explicitly understood that this power of attorney will not extinguish by reason of loss of the Client’s capacity to act, or by his/her death, or bankruptcy, but will remain in force (art. 35 of the Swiss Federal Code of Obligations). The place of performance is Zurich 1. For Clients or Attorneys whose present or future domicile is outside Switzerland, the place of performance is also the place of debt enforcement (“special domicile” under the terms of art. 50, para. 2 of the Swiss Federal Law on Debt Enforcement and Bankruptcy). This power of attorney is governed by Swiss law. The Client and the Attorney acknowledge that the exclusive venue for any kind of legal proceedings is Zurich 1. The Bank also reserves the right to take legal action against the Client or the Attorney before any other competent court.


Client No. (CIF)

810 203 7.08 Page 2/2

Signing authority of the Attorney The Attorney can sign as follows:

individually jointly by

(If no signing authority is indicated, the Attorney is authorized to sign individually.)

This power of attorney replaces power(s) of attorney of the same kind dated

supplements an existing power of attorney

replaces all previous powers of attorney of the same kind In case the Attorney is an individual:

Signature of Attorney The signature on the right is binding in all dealings with the Bank.

In case the Attorney is a company: Representatives of the company and signatures according to the Specimen Signatures of the Company

Date

Signature(s) of the Client(s)


Client No. (CIF)

818 433 7.08 Page 1/1

Guidelines (for granting a Power of Attorney in case of close relationship) When a Power of Attorney is granted to one of the persons mentioned below, no Form A is required. In all other cases, a Form A is mandatory. The following persons are considered to have a close relationship:

husband/wife partner father/mother stepfather/stepmother grandfather/grandmother son/daughter stepson/stepdaughter grandson/granddaughter brother/sister half-brother/half-sister father-in-law/mother-in-law son-in-law/daughter-in-law brother-in-law/sister-in-law

clariden leu

Documents

interbank clearing ag

beneficial owners identityname

swiss penal code

separate specimen signatures

predetermined conversion rate

paid back based

swiss bankers association

theoretically unlimited losses