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You acknowledge and agree that data processing related to Selvices covered by this Booklet <br />and your associated accounts may take place in countries other than those where you <br />and your accounts with us are located. You further understand that information <br />concerning your relationship with us may be available on our electronic data system both for <br />information management purposes and in order to enable you to benefit from our electronic <br />banking services. You understand and agree that., as a result., your banking relationship <br />information may be available to some of our officers outside the country or countries <br />where you and your accounts are located. You authorize us to transmit your banking <br />relationship information across national borders, notwithstanding the banking secrecy laws <br />of any of the countries involved, as necessary or appropriate to provide any Selvices. <br /> <br />It is possible that in providing the Services we will transmit Personal Data. We will only <br />transmit Personal Data to our locations, to locations of our affiliates or to others in order to <br />provide the Services. We may contract with others to provide data transmission or storage <br />seIVices to us. In that case, we will require that they treat Personal Data solely in accordance <br />with our instructions. You agree to comply with any directions we may give you from time to <br />time with respect to the Personal Data. <br /> <br />Neither party will use the other's name or refer to the other party directly or indirectly in any <br />solicitation, marketing material, advertisement, news release or other release to any <br />publication without receiving the other party's specific prior written approval for each such <br />use or release, except that we may use your name as a reference in service proposals <br />if we obtain your prior oral approval for such use. <br /> <br />This section also does not limit our ability or that of our affiliates to access and use <br />transaction data related to any Service provided to you in connection with the <br />management of our or their business. <br /> <br />These obligations continue after any Service you are using is terminated. <br /> <br />CURRENCY EXCHANGE RATES <br /> <br />If a Request, an Entry, a check issued under the Check Issuance Services or a draft <br />created under the Client-Printed Drafts Services involves a currency other than the <br />currency in which the relevant account is denominated, your funds will be exchanged for <br />such other currency at a current rate of exchange on or before the transfer or debit date, as <br />the case may be, in accordance with our normal procedures (including applicable User <br />Documentation). If we assign a currency exchange rate to your transaction, such exchange <br />rate will be determined by us based upon market conditions. We consider many factors in <br />setting our exchange rates, including without limitation exchange rates charged by other <br />parties, desired rates of return, market risk and credit risk. You acknowledge that exchange <br />rates for retail and commercial transactions, and for transactions effected after regular <br />business hours and on weekends, are different from the exchange rates for large inter-bank <br />transactions effected during the business day, as reported in The Wall Street Journal or <br />elsewhere. Exchange rates offered by other dealers, or shown at other sources (including <br />online sources) may be different from our rates. We do not accept any liability if our rates <br />are different from rates offered or reported by third parties, or offered by us at a different <br />time, at a different location, for a different transaction amount, or involving a different <br />payment media (banknotes, check, wire transfer, etc.). Currency exchange rates fluctuate <br />over time, and you acknowledge and accept the risks of such fluctuations: (i) in the case of <br />Requests, between the time you initiate a Request and the time the transfer is either <br />completed or is unwound due to a cancellation, amendment, rejection or return, (ii) in the <br />case of checks, between the time you request us to create a check and the time we debit your <br />account to cover such check and/or the time we re-credit your account if the check is stopped <br />in accordance with the applicable stop payment procedures and (iii) in the case of drafts, <br />between the time you print a draft, or request us to print a draft, and the time we transfer <br />funds from your account to cover such draft. <br /> <br />AD-AG-0455B (2004-2) <br /> <br />54 <br />