Common use of Additional Undertakings Clause in Contracts

Additional Undertakings. Without prejudice to Clause 20.19 above, SHKCOM may take or omit to take any action which it, in its sole and absolute discretion, considers appropriate to take (a “Compliance Action”) for the purpose of complying with the Applicable Laws and Compliance Rules, including preventing money laundering, terrorist financing or other crimes or the provision of financial and other services to any persons or entities which may be subject to sanctions (each such person or entity is referred to as a “Sanctioned Party”). Such Compliance Action may include without limitation: (a) declining the application or refusing to handle or process, or refusing to effect payment in connection with, any transaction contemplated in this Agreement on the ground of, or as a result of, a Compliance Action or if any person or entity relating to any related underlying transaction is a Sanctioned Party; (b) (if SHKCOM becomes aware that any payment made to or at the request of Client contravenes the Compliance Rules) immediately recouping such payment from Client, irrespective of any other contrary agreement with Client; (c) the interception and investigation of any payment messages and other information or communications sent to or by Client or on Client’s behalf via the systems of SHKCOM; and (d) making further enquiries as to whether a name which might refer to a Sanctioned Party actually refers to that party. SHKCOM will not be liable for any loss (whether direct, indirect or consequential loss, including without limitation loss of profit or interest) or any damage suffered by Client or any party arising out of: (i) any delay or failure by SHKCOM in processing any payment messages or other information or communication or any request from Client, or in performing any of its duties or other obligations in connection with any transaction, caused in whole or in part by any Compliance Action; or (ii) the exercise of any of SHKCOM’s rights under or any action taken or omission made by SHKCOM pursuant to this section. In this section:

Additional Undertakings. Without prejudice to Clause 20.19 19.4 above, SHKCOM CES Capital (HK) may take or omit to take any action which it, in its sole and absolute discretion, considers appropriate to take (a “Compliance Action”) for the purpose of complying with the Applicable Laws and Compliance Rules, including preventing money laundering, terrorist financing or other crimes or the provision of financial and other services to any persons or entities which may be subject to sanctions (each such person or entity is referred to as a “Sanctioned Party”). Such Compliance Action may include without limitation: (a) 19.16.1 declining the application or refusing to handle or process, or refusing to effect payment in connection with, any transaction contemplated in this Agreement on the ground of, or as a result of, a Compliance Action or if any person or entity relating to any related underlying transaction is a Sanctioned Party; (b) 19.16.2 (if SHKCOM CES Capital (HK) becomes aware that any payment made to or at the request of Client contravenes the Compliance Rules) immediately recouping such payment from Client, irrespective of any other contrary agreement with Client; (c) 19.16.3 the interception and investigation of any payment messages and other information or communications sent to or by Client or on Client’s behalf via the systems of SHKCOMCES Capital (HK); and (d) 19.16.4 making further enquiries as to whether a name which might refer to a Sanctioned Party actually refers to that party. SHKCOM . 19.16.5 CES Capital (HK) will not be liable for any loss (whether direct, indirect or consequential loss, including without limitation loss of profit or interest) or any damage suffered by Client or any party arising out of: (i) 19.16.6 any delay or failure by SHKCOM CES Capital (HK) in processing any payment messages or other information or communication or any request from Client, or in performing any of its duties or other obligations in connection with any transaction, caused in whole or in part by any Compliance Action; or (ii) 19.16.7 the exercise of any of SHKCOMCES Capital (HK)’s rights under or any action taken or omission made by SHKCOM CES Capital (HK) pursuant to this section. In this section:

Additional Undertakings. Without prejudice to Clause 20.19 21.19 above, SHKCOM SHKB may take or omit to take any action which it, in its sole and absolute discretion, considers appropriate to take (a “Compliance Action”) for the purpose of complying with the Applicable Laws and Compliance Rules, including preventing money laundering, terrorist financing or other crimes or the provision of financial and other services to any persons or entities which may be subject to sanctions (each such person or entity is referred to as a “Sanctioned Party”). Such Compliance Action may include without limitation: (a) declining the application or refusing to handle or process, or refusing to effect payment in connection with, any transaction contemplated in this Agreement on the ground of, or as a result of, a Compliance Action or if any person or entity relating to any related underlying transaction is a Sanctioned Party; (b) (if SHKCOM SHKB becomes aware that any payment made to or at the request of Client contravenes the Compliance Rules) immediately recouping such payment from Client, irrespective of any other contrary agreement with Client; (c) the interception and investigation of any payment messages and other information or communications sent to or by the Client or on Client’s behalf via the systems of SHKCOMSHKB; and (d) making further enquiries as to whether a name which might refer to a Sanctioned Party actually refers to that party. SHKCOM SHKB will not be liable for any loss (whether direct, indirect or consequential loss, including without limitation loss of profit or interest) or any damage suffered by Client or any party arising out of: (i) any delay or failure by SHKCOM SHKB in processing any payment messages or other information or communication or any request from Client, or in performing any of its duties or other obligations in connection with any transaction, caused in whole or in part by any Compliance Action; or (ii) the exercise of any of SHKCOMSHKB’s rights under or any action taken or omission made by SHKCOM SHKB pursuant to this section. In this section:

Additional Undertakings. Without prejudice to Clause 20.19 21.16 above, SHKCOM SHKIS may take or omit to take any action which it, in its sole and absolute discretion, considers appropriate to take (a “Compliance Action”) for the purpose of complying with the Applicable Laws and Compliance Rules, including preventing money laundering, terrorist financing or other crimes or the provision of financial and other services to any persons or entities which may be subject to sanctions (each such person or entity is referred to as a “Sanctioned Party”). Such Compliance Action may include without limitation: (a) declining the application or refusing to handle or process, or refusing to effect payment in connection with, any transaction contemplated in this Agreement on the ground of, or as a result of, a Compliance Action or if any person or entity relating to any related underlying transaction is a Sanctioned Party; (b) (if SHKCOM SHKIS becomes aware that any payment made to or at the request of Client contravenes the Compliance Rules) immediately recouping such payment from Client, irrespective of any other contrary agreement with Client; (c) the interception and investigation of any payment messages and other information or communications sent to or by Client or on Client’s behalf via the systems of SHKCOMSHKIS; and (d) making further enquiries as to whether a name which might refer to a Sanctioned Party actually refers to that party. SHKCOM SHKIS will not be liable for any loss (whether direct, indirect or consequential loss, including without limitation loss of profit or interest) or any damage suffered by Client or any party arising out of: (i) any delay or failure by SHKCOM SHKIS in processing any payment messages or other information or communication or any request from Client, or in performing any of its duties or other obligations in connection with any transaction, caused in whole or in part by any Compliance Action; or (ii) the exercise of any of SHKCOMSHKIS’s rights under or any action taken or omission made by SHKCOM SHKIS pursuant to this section. In this section:

Additional Undertakings. Without prejudice to Clause 20.19 21.16 above, SHKCOM SHKOS may take or omit to take any action which it, in its sole and absolute discretion, considers appropriate to take (a “Compliance Action”) for the purpose of complying with the Applicable Laws and Compliance Rules, including preventing money laundering, terrorist financing or other crimes or the provision of financial and other services to any persons or entities which may be subject to sanctions (each such person or entity is referred to as a “Sanctioned Party”). Such Compliance Action may include without limitation: (a) declining the application or refusing to handle or process, or refusing to effect payment in connection with, any transaction contemplated in this Agreement on the ground of, or as a result of, a Compliance Action or if any person or entity relating to any related underlying transaction is a Sanctioned Party; (b) (if SHKCOM SHKOS becomes aware that any payment made to or at the request of Client contravenes the Compliance Rules) immediately recouping such payment from Client, irrespective of any other contrary agreement with Client; (c) the interception and investigation of any payment messages and other information or communications sent to or by Client or on Client’s behalf via the systems of SHKCOMSHKOS; and (d) making further enquiries as to whether a name which might refer to a Sanctioned Party actually refers to that party. SHKCOM SHKOS will not be liable for any loss (whether direct, indirect or consequential loss, including without limitation loss of profit or interest) or any damage suffered by Client or any party arising out of: (i) any delay or failure by SHKCOM SHKOS in processing any payment messages or other information or communication or any request from Client, or in performing any of its duties or other obligations in connection with any transaction, caused in whole or in part by any Compliance Action; or (ii) the exercise of any of SHKCOMSHKOS’s rights under or any action taken or omission made by SHKCOM SHKOS pursuant to this section. In this section:

Additional Undertakings. Without prejudice to Clause 20.19 16.21 above, SHKCOM SHKFX may take or omit to take any action which it, in its sole and absolute discretion, considers appropriate to take (a “Compliance Action”) for the purpose of complying with the Applicable Laws and Compliance Rules, including preventing money laundering, terrorist financing or other crimes or the provision of financial and other services to any persons or entities which may be subject to sanctions (each such person or entity is referred to as a “Sanctioned Party”). Such Compliance Action may include without limitation: (a) declining the application or refusing to handle or process, or refusing to effect payment in connection with, any transaction contemplated in this Agreement on the ground of, or as a result of, a Compliance Action or if any person or entity relating to any related underlying transaction is a Sanctioned Party; (b) (if SHKCOM SHKFX becomes aware that any payment made to or at the request of Client contravenes the Compliance Rules) immediately recouping such payment from Client, irrespective of any other contrary agreement with Client; (c) the interception and investigation of any payment messages and other information or communications sent to or by Client or on Client’s behalf via the systems of SHKCOMSHKFX; and (d) making further enquiries as to whether a name which might refer to a Sanctioned Party actually refers to that party. SHKCOM SHKFX will not be liable for any loss (whether direct, indirect or consequential loss, including without limitation loss of profit or interest) or any damage suffered by Client or any party arising out of: (i) any delay or failure by SHKCOM SHKFX in processing any payment messages or other information or communication or any request from Client, or in performing any of its duties or other obligations in connection with any transaction, caused in whole or in part by any Compliance Action; or (ii) the exercise of any of SHKCOMSHKFX’s rights under or any action taken or omission made by SHKCOM SHKFX pursuant to this section. In this section:

Additional Undertakings. Without prejudice to Clause 20.19 16.12 above, SHKCOM TCSCL may take or omit to take any action which it, in its sole and absolute discretion, considers appropriate to take (a “Compliance Action”) for the purpose of complying with the Applicable Laws and Compliance RulesRegulations, including preventing money laundering, terrorist financing or other crimes or the provision of financial and other services Services to any persons or entities which may be subject to sanctions (each such person or entity is referred to as a “Sanctioned Party”). Such Compliance Action may include without limitation: (a) declining i. Declining the application or refusing to handle or process, or refusing to effect payment in connection with, any transaction contemplated in this Agreement on the ground of, or as a result of, a Compliance Action or if any person or entity relating to any related underlying transaction is a Sanctioned Party; (b) (if SHKCOM ii. If TCSCL becomes aware that any payment made to or at the request of Client you contravenes the Compliance Rules) Rules immediately recouping such payment from Clientyou, irrespective of any other contrary agreement with Clientyou; (c) the iii. The interception and investigation of any payment messages and other information or communications sent to or by Client you or on Client’s your behalf via the systems of SHKCOMTCSCL; and (d) making iv. Making further enquiries as to whether a name which might refer to a Sanctioned Party actually refers to that party. SHKCOM TCSCL will not be liable for any loss (whether direct, indirect or consequential loss, including without limitation loss of profit or interest) or any damage suffered by Client you or any party arising out of: (i) any i. Any delay or failure by SHKCOM TCSCL in processing any payment messages or other information or communication or any request from Clientyou, or in performing any of its duties or other obligations in connection with any transaction, caused in whole or in part by any Compliance Action; or (ii) the . The exercise of any of SHKCOMTCSCL’s rights under or any action taken or omission made by SHKCOM TCSCL pursuant to this section. In this section:.

Additional Undertakings. Without prejudice to Clause 20.19 16.12 above, SHKCOM TCSCL may take or omit to take any action which it, in its sole and absolute discretion, considers appropriate to take (a “Compliance Action”) for the purpose of complying with the Applicable Laws and Compliance RulesRegulations, including preventing money laundering, terrorist financing or other crimes or the provision of financial and other services to any persons or entities which may be subject to sanctions (each such person or entity is referred to as a “Sanctioned Party”). Such Compliance Action may include without limitation: (a) declining i. Declining the application or refusing to handle or process, or refusing to effect payment in connection with, any transaction contemplated in this Agreement on the ground of, or as a result of, a Compliance Action or if any person or entity relating to any related underlying transaction is a Sanctioned Party; (b) (if SHKCOM ii. If TCSCL becomes aware that any payment made to or at the request of Client you contravenes the Compliance Rules) Rules immediately recouping such payment from Clientyou, irrespective of any other contrary agreement with Clientyou; (c) the iii. The interception and investigation of any payment messages and other information or communications sent to or by Client you or on Client’s your behalf via the systems of SHKCOMTCSCL; and (d) making iv. Making further enquiries as to whether a name which might refer to a Sanctioned Party actually refers to that party. SHKCOM TCSCL will not be liable for any loss (whether direct, indirect or consequential loss, including without limitation loss of profit or interest) or any damage suffered by Client you or any party arising out of: (i) any i. Any delay or failure by SHKCOM TCSCL in processing any payment messages or other information or communication or any request from Clientyou, or in performing any of its duties or other obligations in connection with any transaction, caused in whole or in part by any Compliance Action; or (ii) the . The exercise of any of SHKCOMTCSCL’s rights under or any action taken or omission made by SHKCOM TCSCL pursuant to this section. In this section:.