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55E - RESO - AGMT - DEPOSITORY SRVS
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55E - RESO - AGMT - DEPOSITORY SRVS
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Last modified
12/1/2016 5:01:03 PM
Creation date
12/1/2016 4:49:35 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
55E
Date
12/6/2016
Destruction Year
2021
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I pill, Will <br />Jurisdiction Specific Provisions Exhibit <br />A. Australia & New Zealand <br />To the extent that any supply made by the Bank under these Service Terms is a taxable supply for the purposes of the Australian Goods and <br />Services Tax, or that goods and services tax under the New Zealand Goods and Services Tax Act 1985 is payable in respect of any supply under <br />this License Agreement, ( "GST "), the fees payable in respect of that taxable supply ( "original amount ") will be increased by the amount of GST <br />payable in respect of that taxable supply. Customer must pay the increased amount at the same time and in the same manner as the original <br />amount. <br />B. Peoples Republic of China <br />Any dispute arising from or in connection with these Service Terms shall be submitted to the China International Economic and Trade Arbitration <br />Commission ( "CIETAC ") for arbitration which shall be conducted in accordance with its arbitration rules in effect at the time of applying for <br />arbitration. The hearing place shall be Beijing. The arbitral award is final and binding upon both parties. <br />C. Indonesia <br />The Bank and the Customer agree that, for the effectiveness of any termination of these Service Terms or the Services provided hereunder, they <br />hereby waive any provisions, procedures and operation of any applicable law to the extent a court order Is required for the termination of these <br />Service Terms and the Account Documentation as applicable to the services provided under these Service Terms. <br />Section 7.3 shall be replaced by "Except for losses directly resulting from errors or delay caused by the Bank's gross negligence or willful <br />misconduct, the Customer acknowledges that the Bank shall not be liable for any delays in any Data, message notification or alert delivered via <br />any mobile device." <br />D. Malaysia /Labuan -. <br />(i) The following terms shall apply in relation to the Service where it is provided in relation to accounts in Malaysia /Labuan and /or where the <br />Service is provided in Malaysia /Labuan: <br />(a) Any references in the Service Terms to the term "Bank," shall mean J.P. Morgan Chase Bank Barred (for Malaysia) and J.P. Morgan <br />Chase Bank, N.A., Labuan Branch (for Labuan). <br />(b) The Customer acknowledges that It may, through its security administrators, create maximum limits (at a user entitlement level) in <br />relation to funds transfers that may be conducted using the Service, to limit the Customer's risks Notwithstanding anything to the <br />contrary in these terms, the Customer shall not be liable for any loss which is not attributable to or contributed to by the Customer. <br />(ii) If the Service is to be accessed by a Customer (1) who is domiciled or incorporated in Malaysia (other than Labuan), or (2) in Malaysia <br />(other than Labuan), that Customer undertakes not to access or utilize or attempt to access or utilize the Service provided by J.P. Morgan <br />Chase Bank Berhad through any JPMorgan website other than http : / /www.jpmorganaccess.com.my. <br />E. Republic of China (Taiwan) <br />Section 7.3 shall be replaced by "Except for losses directly resulting from errors or delay caused by the Bank's gross negligence or willful <br />misconduct, the Customer acknowledges that the Bank shall not be liable for any delays in any Data, message notification or alert delivered via <br />any mobile device." <br />The Customer acknowledges that it will take steps to ensure it enters into the correct website before attempting to access the Service. <br />Notwithstanding anything to the contrary contained in these Service Terms and the Account Documentation as applicable to the services <br />provided under these Service Terms, the Bank shall have the right to proceed against the Customer in any other competent court in any other <br />jurisdiction where the Customer's assets are situated from time to time and the Customer agrees to submit to the jurisdiction of any court so <br />chosen by the Bank. The Customer further agrees to waive any objections on the ground of venue or forum non coveniens or any similar ground. <br />The taking of proceedings in any jurisdiction shall not preclude the taking of proceedings in any other jurisdiction whether concurrently or not. <br />The Customer irrevocably and unconditionally waives any objection it may now or subsequently have to the choice of venue of any legal action <br />arising out of or relating to these Service Terms and the Account Documentation as applicable to the services provided under these Service <br />Terms. The Customer also agrees that a final judgment against it in any such legal action shall be final and conclusive. <br />PN: 1298505 DOG ID: 3 Page 38 of 39 <br />55E -345 <br />
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