Common use of CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS Clause in Contracts

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx that: A) Customer, if an individual, represents that he or she is of legal age and competence to enter into this Agreement and that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B) Customer, if a legal entity, represents that it is duly organized, validly existing, and empowered to enter into this Agreement, to establish the Account, to enter into transactions in Contracts as contemplated hereby and that such transactions are suitable for Customer and do not violate any of Customer’s constituent documents. Customer further represents that the person executing this Agreement on its behalf has been duly and validly authorized to do so; C) Neither Customer nor any partner, director, officer, member, manager, or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, or employee of a futures commission merchant, broker-dealer, introducing broker, or regulatory of self-regulatory organization except as previously disclosed in writing to Xxxxxxxxxx; D) except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rules, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees to notify Xxxxxxxxxx of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, or agreement to which Customer or its property is subject or bound; H) As required by CFTC regulations, Customer shall create, retain, and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice documents (such as contracts, confirmations, telex printouts, invoices, and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges of futures in connection with cash commodity transactions; I) Absent a separate written agreement between Xxxxxxxx and Xxxxxxxxxx with respect to give-ups, Xxxxxxxxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts executed by such brokers on an exchange for Customer and proposed to be “given up” to Xxxxxxxxxx for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; J) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx in writing if any of the warranties and representations contained in this Section 15 becomes inaccurate or in any way ceases to be true, complete, and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Xxxx that: A(a) Customer, if an individual, represents that he or she is of legal age Customer has full power and competence authority to enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organize and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; (c) that Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate any statute, rule, regulation, judgment or decree to establish which Customer is subject or bound; (d) that Customer has had a least one year's prior experience in effectuating transactions in commodity interests, financial instruments, and foreign currency as contemplated hereby; and (e) no person or entity has any interest in or control of the AccountAccount to which this Agreement pertains except as disclosed by Customer to Xxxx in writing. (2) If Customer is a trust, Customer represents and warrants that (a) it is a duly formed and existing trust under the laws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Xxxx in writing submitted herewith constitute the only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 1 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on its behalf has been duly and validly authorized pertains except as disclosed by Customer to do so;Xxxx in writing. C(b) Neither Customer nor any partner, director, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, introducing broker, bank, broker-dealer, introducing broker, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the "CFTC"), except as previously disclosed in writing to XxxxxxxxxxXxxx; D(c) except Any financial statements or other information furnished in connection therewith are true, correct and complete. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees hereby authorizes Xxxx to notify Xxxxxxxxxx contact such banks, financial institutions and credit agencies as Xxxx shall deem appropriate for verification of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interestinformation contained herein; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G(d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s 's charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound; H(e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, and invoices an documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions; I(f) Customer consents to the electronic recording, at Xxxx'x discretion, of any or all telephone conversations with Xxxx (without automatic tone warning device); the use of same as evidence by either party in any action or proceeding arising out of the Agreement and in Xxxx'x erasure, at its discretion, of any recording as part of its regular procedure for handling of recordings; (g) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx Xxxx with respect to give-ups, XxxxxxxxxxXxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given "given-up” " to Xxxxxxxxxx Xxxx for clearance and/or carrying in the Account; (h) Xxxx, for an on behalf of Customer, is authorized and empowered to place orders for commodity interest transactions through one or more electronic or automated trading systems maintained or operated by or under the auspices of an exchange, that Xxxx shall not be liable or obligated to Customer for any loss, damage, liability, cost or expense (including but not limited to loss of profits, loss of use, incidental or consequential damages) incurred or sustained by Customer and arising in whole or in part, directly or indirectly, from any fault, delay, omission, inaccuracy or termination of a system or Xxxx'x inability to enter, cancel or modify an order on behalf of Customer on or through a system. The provisions of this Section 16(h) shall apply regardless of whether any customer claim arises in contract, negligence, tort, strict liability, breach or fiduciary obligations or otherwise; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jand (i) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s 's Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx Xxxx in writing if any of the warranties and representations contained in this Section 15 becomes 16 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Xxxx that: A(a) Customer, if an individual, represents that he or she is of legal age Customer has full power and competence authority to enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organized and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; (c) that Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate any statute, rule, regulation, judgment or decree to establish which Customer is subject or bound; (d) that Customer has had at least one year's prior experience in effectuating transactions in commodity interests, financial instruments, and foreign currency as contemplated hereby; and (e) no person or entity has any interest in or control of the AccountAccount to which this Agreement pertains except as disclosed by Customer to Xxxx in writing. (2) If Customer is a trust, Customer represents and warrants that (a) it is a duly formed and existing trust under the laws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Xxxx in writing submitted herewith constitute the only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 1 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on its behalf has been duly and validly authorized pertains except as disclosed by Customer to do so;Xxxx in writing. C(b) Neither Customer nor any partner, director, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, introducing broker, bank, broker-dealer, introducing broker, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the "CFTC"), except as previously disclosed in writing to XxxxxxxxxxXxxx; D(c) except Any financial statements or other information furnished in connection therewith are true, correct and complete. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees hereby authorizes Xxxx to notify Xxxxxxxxxx contact such banks, financial institutions and credit agencies as Xxxx shall deem appropriate for verification of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interestinformation contained herein; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G(d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s 's charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound; H(e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, invoices and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions; I(f) Customer consents to the electronic recording, at Xxxx'x discretion, of any or all telephone conversations with Xxxx (without automatic tone warning device); the use of same as evidence by either party in any action or proceeding arising out of the Agreement and in Xxxx'x erasure, at its discretion, of any recording as part of its regular procedure for handling of recordings; (g) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx Xxxx with respect to give-ups, XxxxxxxxxxXxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given "given-up” " to Xxxxxxxxxx Xxxx for clearance and/or carrying in the Account; (h) Xxxx, for and on behalf of Customer, is authorized and empowered to place orders for commodity interest transactions through one or more electronic or automated trading systems maintained or operated by or under the auspices of an exchange, that Xxxx shall not be liable or obligated to Customer for any loss, damage, liability, cost or expense (including but not limited to loss of profits, loss of use, incidental or consequential damages) incurred or sustained by Customer and arising in whole or in part, directly or indirectly, from any fault, delay, omission, inaccuracy or termination of a system or Xxxx'x inability to enter, cancel or modify an order on behalf of Customer on or through a system. The provisions of this Section 16(h) shall apply regardless of whether any customer claim arises in contract, negligence, tort, strict liability, breach or fiduciary obligations or otherwise; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jand (i) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s 's Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx Xxxx in writing if any of the warranties and representations contained in this Section 15 becomes 16 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Carr that: A(a) Customer, if an individual, represents that he or she is of legal age Customer has full power and competence authority to enter into xxxo this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organized and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; (c) that Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate any statute, rule, regulation, judgment or decree to establish which Customer is subject or bound; (d) that Customer has had at least one year's prior experience in effectuating transactions in commodity interests, financial instruments, and foreign currency as contemplated hereby; and (e) no person or entity has any interest in or control of the AccountAccount to which this Agreement pertains except as disclosed by Customer to Carr in writing. (2) If Customer is a trust, Customer rexxxxents and warrants that (a) it is a duly formed and existing trust under the laws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Carr in writing submitted herewith constitute the xxxy or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 1 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on its behalf has been duly and validly authorized pertains except as disclosed by Customer to do so;Carr in writing. C(b) Neither Customer nor any partner, directordirecxxx, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, introducing broker, bank, broker-dealer, introducing broker, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the "CFTC"), except as previously disclosed in writing to XxxxxxxxxxCarr; D(c) except Any financial statements or other information furnxxxxd in connection therewith are true, correct and complete. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees hereby authorizes Carr to notify Xxxxxxxxxx contact such banks, financial institutions and cxxxxt agencies as Carr shall deem appropriate for verification of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interestinformxxxxn contained herein; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G(d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s 's charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound; H(e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, invoices and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions; I(f) Customer consents to the electronic recording, at Carr's discretion, of any or all telephone conversations xxxx Carr (without automatic tone warning device); the use xx xame as evidence by either party in any action or proceeding arising out of the Agreement and in Carr's erasure, at its discretion, of any recording as xxxx xf its regular procedure for handling of recordings; (g) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx Carr with respect to give-ups, XxxxxxxxxxCarr, in its discretion, mayxxx, but shall have no obligation obligatiox to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given "given-up” " to Xxxxxxxxxx Carr for clearance and/or carrying in the Account; (x) Carr, for and on behalf of Customer, is authorized and empowered xx place orders for commodity interest transactions through one or more electronic or automated trading systems maintained or operated by or under the auspices of an exchange, that Carr shall not be liable or obligated to Customer for any xxxx, damage, liability, cost or expense (including but not limited to loss of profits, loss of use, incidental or consequential damages) incurred or sustained by Customer and arising in whole or in part, directly or indirectly, from any fault, delay, omission, inaccuracy or termination of a system or Carr's inability to enter, cancel or modify an order on bexxxx xf Customer on or through a system. The provisions of this Section 16(h) shall apply regardless of whether any customer claim arises in contract, negligence, tort, strict liability, breach or fiduciary obligations or otherwise; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jand (i) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s 's Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx Carr in writing if any of the warranties and representations contained xxxxained in this Section 15 becomes 16 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to DBSI that as of the date of this Agreement and agrees with Xxxxxxxxxx thaton the date each transaction relating to a Contract or Account is entered into under this Agreement: A(a) Customer(i) Customer is duly organized under the laws of the applicable jurisdiction and the execution, if an individual, represents that he delivery and performance of this Agreement by Customer have been authorized by all necessary corporate or she is of legal age other action; (ii) Customer has full power and competence authority to enter into this Agreement and that transactions in Contracts as contemplated by to perform its obligations under this Agreement; (iii) this Agreement are appropriate for Customer is valid and consistent binding on Customer, is enforceable against it in accordance with its terms and neither this Agreement nor the trading of Contracts violate Relevant Law or any other law or regulation governing or affecting Customer’s investment objectives; Bactivities under this Agreement or any order or agreement applicable to Customer or Customer’s property; (iv) Customer has and will maintain in full force and effect any and all necessary governmental or other approvals or authorizations to execute and deliver this Agreement, perform its obligations hereunder; (v) Customer, if a legal entityand any other person involved in the management of Customer or its Account, represents that it is duly organized, validly existing, are in compliance with all Relevant Law and empowered to enter into any other law or regulation governing or affecting Customer’s activities under this Agreement, including but not limited to establish the Account, to enter into transactions in Contracts as contemplated hereby and that such transactions are suitable for Customer and do not violate any of Customer’s constituent documents. Customer further represents that the person executing this Agreement on its behalf has been duly and validly authorized to do so; C) Neither Customer nor any partner, director, officer, member, manager, or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, or employee of a futures commission merchant, broker-dealer, introducing broker, or regulatory of self-regulatory organization except as previously disclosed in writing to Xxxxxxxxxx; D) except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from all applicable registration under CFTC rules, requirements; and (iivi) Customer is acting solely as principal and no one person other than Customer has any interest in or any control over any Account of Customer. . (b) Customer agrees to notify Xxxxxxxxxx is not an employee, partner, officer, director or owner of more than ten percent of the identity equity interest of a futures commission merchant, an introducing broker, Exchange or any other person self-regulatory organization nor is Customer an employee or entity that controls the trading commissioner of the AccountCommission, has a financial interest of 10% or more except as previously disclosed in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest;writing to DBSI. E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, or agreement to which Customer or its property is subject or bound; H) As required by CFTC regulations, Customer shall create, retain, and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice documents (such as contracts, confirmations, telex printouts, invoices, and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges of futures in connection with cash commodity transactions; I) Absent a separate written agreement between Xxxxxxxx and Xxxxxxxxxx with respect to give-ups, Xxxxxxxxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts executed by such brokers on an exchange for Customer and proposed to be “given up” to Xxxxxxxxxx for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jc) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and. K(d) The accompanying General Account Application (including any financial statements furnished in connection therewith) If Customer is truean insured depository subject to the Federal Deposit Insurance Act, correctCustomer has taken all action and maintained such records required to be taken or maintained by it to effect and maintain the enforceability of this Agreement pursuant to the Federal Deposit Insurance Act, and complete. the person executing this Agreement on behalf of Customer is an authorized person with at least the rank of vice president. (e) Unless Customer notifies DBSI to the contrary, Customer is a “U.S. Person.” For purposes of this Section 7(e), a “U.S. Person” is a Customer located in the United States, its territories or possessions, or if Customer is a foreign incorporated collective investment vehicle (a fund) whose place of business is outside of the United States, its territories and possessions, such Customer will be deemed to be a “U.S. Person” if 10% or more of such Customer is beneficially owned by residents of the United States, its territories or possessions. (f) Customer agrees promptly to promptly notify Xxxxxxxxxx DBSI in writing if any of the warranties and or representations contained in this Section 15 7 becomes inaccurate or incomplete in any way ceases respect and to be true, completeprovide financial and other information to DBSI at any time upon its reasonable request, and correctrepresents that any such information will be accurate and complete in every material respect. Customer shall also notify DBSI promptly of any material adverse change in the financial condition of Customer, regardless of whether Customer has previously furnished financial information to DBSI.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Xxxx that: A(a) Customer, if an individual, represents that he or she is of legal age Customer has full power and competence authority to enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organize and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; (c) that Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate any statute, rule, regulation, judgment or decree to establish which Customer is subject or bound; (d) that Customer has had a least one year's prior experience in effectuating transactions in commodity interests, financial instruments, and foreign currency as contemplated hereby; and (e) no person or entity has any interest in or control of the AccountAccount to which this Agreement pertains except as disclosed by Customer to Xxxx in writing. (2) If Customer is a trust, Customer represents and warrants that (a) it is a duly formed and existing trust under the laws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Xxxx in writing submitted herewith constitute the only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 1 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on its behalf has been duly and validly authorized pertains except as disclosed by Customer to do so;Xxxx in writing. C(b) Neither Customer nor any partner, director, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, broker-dealer, introducing broker, bank, broker- dealer, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the "CFTC"), except as previously disclosed in writing to XxxxxxxxxxXxxx; D(c) except Any financial statements or other information furnished in connection therewith are true, correct and complete. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees hereby authorizes Xxxx to notify Xxxxxxxxxx contact such banks, financial institutions and credit agencies as Xxxx shall deem appropriate for verification of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; Ginformation contained herein; (d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s 's charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound; H; (e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, and invoices an documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions; I; (f) Customer consents to the electronic recording, at Xxxx'x discretion, of any or all telephone conversations with Xxxx (without automatic tone warning device); the use of same as evidence by either party in any action or proceeding arising out of the Agreement and in Xxxx'x erasure, at its discretion, of any recording as part of its regular procedure for handling of recordings; (g) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx Xxxx with respect to give-ups, XxxxxxxxxxXxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given "given-up” " to Xxxxxxxxxx Xxxx for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept such Contracts(h) Xxxx, for an on behalf of Customer, is authorized and empowered to place orders for commodity interest transactions through one or more electronic or automated trading systems maintained or operated by or under the auspices of an exchange, that Xxxx shall not be liable or obligated to Customer authorizes Xxxxxxxxxx for any loss, damage, liability, cost or expense (including but not limited to pay loss of profits, loss of use, incidental or consequential damages) incurred or sustained by Customer and charge arising in whole or in part, directly or indirectly, from any fault, delay, omission, inaccuracy or termination of a system or Xxxx'x inability to Customer’s Account enter, cancel or modify an order on behalf of Customer on or through a system. The provisions of this Section 16(h) shall apply regardless of whether any give-up customer claim arises in contract, negligence, tort, strict liability, breach or give-in fee that may be charged by any exchange fiduciary obligations or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Accountotherwise; Jand (i) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s 's Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx Xxxx in writing if any of the warranties and representations contained in this Section 15 becomes 16 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Xxxx that: A(a) Customer, if an individual, represents that he or she is of legal age Customer has full power and competence authority to enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organize and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; (c) that Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate any statute, rule, regulation, judgment or decree to establish which Customer is subject or bound; (d) that Customer has had a least one year's prior experience in effectuating transactions in commodity interests, financial instruments, and foreign currency as contemplated hereby; and (e) no person or entity has any interest in or control of the AccountAccount to which this Agreement pertains except as disclosed by Customer to Xxxx in writing. (2) If Customer is a trust, Customer represents and warrants that (a) it is a duly formed and existing trust under the laws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Xxxx in writing submitted herewith constitute the only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 1 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on its behalf has been duly and validly authorized pertains except as disclosed by Customer to do so;Xxxx in writing. C(b) Neither Customer nor any partner, director, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, broker-dealer, introducing broker, bank, broker- dealer, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the "CFTC"), except as previously disclosed in writing to XxxxxxxxxxXxxx; D(c) except Any financial statements or other information furnished in connection therewith are true, correct and complete. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees hereby authorizes Xxxx to notify Xxxxxxxxxx contact such banks, financial institutions and credit agencies as Xxxx shall deem appropriate for verification of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; Ginformation contained herein; (d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s 's charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound; H; (e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, and invoices an documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions; I; (f) Customer consents to the electronic recording, at Xxxx'x discretion, of any or all telephone conversations with Xxxx (without automatic tone warning device); the use of same as evidence by either party in any action or proceeding arising out of the Agreement and in Xxxx'x erasure, at its discretion, of any recording as part of its regular procedure for handling of recordings; (g) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx Xxxx with respect to give-ups, XxxxxxxxxxXxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given "given-up” " to Xxxxxxxxxx Xxxx for clearance and/or carrying in the Account; (h) Xxxx, for an on behalf of Customer, is authorized and empowered to place orders for commodity interest transactions through one or more electronic or automated trading systems maintained or operated by or under the auspices of an exchange, that Xxxx shall not be liable or obligated to Customer for any loss, damage, liability, cost or expense (including but not limited to loss of profits, loss of use, incidental or consequential damages) incurred or sustained by Customer and arising in whole or in part, directly or indirectly, from any fault, delay, omission, inaccuracy or termination of a system or Xxxx'x inability to enter, cancel or modify an order on behalf of Customer on or through a system. The provisions of this Section 16(h) shall apply regardless of whether any customer claim arises in contract, negligence, tort, strict liability, breach or fiduciary obligations or otherwise; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jand (i) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s 's Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx Xxxx in writing if any of the warranties and representations contained in this Section 15 becomes 16 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents represents, warrants and warrants covenants to DBSI as of the date of this Agreement and agrees with Xxxxxxxxxx on each date a transaction relating to a Contract or the Account is entered into hereunder that: A(a) Customer(i) Customer is duly organized, if an individual, represents that he or she validly existing and in good standing under the laws of the place of its jurisdiction; (ii) Customer is of legal age and competence authorized to enter into this Agreement and that transactions to perform its obligations hereunder and will maintain in Contracts as contemplated by full force and effect any and all necessary authorizations or licenses to execute and deliver this Agreement are appropriate for Customer and consistent with perform its obligations hereunder; (iii) Customer’s investment objectives; obligations under this Agreement constitute its legal, valid and binding obligations, enforceable against Customer in accordance with their respective terms; (iv) neither this Agreement nor the trading of Contracts violate Applicable Law or any other law or regulation (A) governing Customer or its assets and/or (B) affecting Customer’s activities under this Agreement (including but not limited to all applicable registration requirements); (v) the execution, if a legal entity, represents that it is duly organized, validly existing, delivery and empowered to enter into performance of this Agreement, to establish any Contract and the Account, to enter into transactions in Contracts as contemplated hereby and that such transactions are suitable for Customer and do consummation of any transaction hereunder does not violate or conflict with (A) any provision of Customer’s constitutional or organizational documents or (B) any order or judgment of any court or regulatory or self-regulatory organization applicable to Customer or any of Customer’s constituent documents. Customer further represents assets; and (vi) there is no judicial, arbitration or administrative proceeding, suit or claim pending, or, to Customer’s knowledge, threatened, that could affect the person executing enforceability of this Agreement on or Customer’s ability to perform its behalf has been duly and validly authorized to do so;obligations hereunder. C(b) Neither Customer nor any partner, director, officer, member, manager, or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, or employee of a futures commission merchant, broker-dealer, introducing broker, or regulatory of self-regulatory organization except as previously disclosed in writing to Xxxxxxxxxx; D) except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rules, and (ii) Customer is acting solely as principal and no one person other than Customer has any interest in or any Account control over the Account; (ii) Customer has sole responsibility for all decisions relating to the Account; (iii) Customer is capable of Customer. assessing the merits of and understanding the terms, conditions and risks of each Contract and understands and accepts the terms, conditions and risks of this Agreement and any Contract entered into in connection with this Agreement; (iv) Customer agrees has made its own independent decision to notify Xxxxxxxxxx enter into each Contract and as to whether each Contract is appropriate or proper for it based upon its own judgment; and (v) Customer is not relying on any communication of DBSI as investment advice or as a recommendation to enter into any Contract. (c) Customer is not an employee, partner, officer, director or owner of more than ten percent of the identity equity interest of a futures commission merchant, an introducing broker, Exchange or any other person self-regulatory organization, nor is Customer an employee or entity that controls the trading commissioner of the AccountCommodity Futures Trading Commission or Securities and Exchange Commission, has a financial interest of 10% or more except as previously disclosed in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest;writing to DBSl. E(d) If Customer’s account Customer is an insured depository subject to the Federal Deposit Insurance Act, Customer has been designated as a “hedge account”taken all action and maintained such records required to be taken or maintained by it to effect and maintain the enforceability of this Agreement pursuant to the Federal Deposit Insurance Act, and unless the person executing this Agreement on behalf of Customer is an authorized person with at least the rank of vice president. (e) Unless Customer notifies Xxxxxxxxxx DBSl to the contrary at the time it places an order with Xxxxxxxxxxcontrary, Customer is a U.S. Person. If Customer is a non-U.S. Person, Customer represents that each such order will be it is a bona fide hedging transaction “Non-U.S. Person” for purposes of the Commodity Exchange Act, as amended (the “CEA”) and the U.S. federal securities laws. (f) Customer is an “eligible contract participant” as defined in CFTC Regulation 1.3(zthe CEA. (g) None of (i) the execution and delivery of this Agreement or any document to be executed by Customer pursuant to this Agreement or (ii) the consummation of any transaction contemplated by this Agreement, will (A) result in any default or an event which, with the giving of notice or the lapse of time or both, would constitute a default under or (B) give rise to a right of termination or cancellation under any provision of, any contract or agreement to which Customer is a party or by which Customer or its properties or assets are bound. (i) (i) The assets of Customer do not and, prior to termination of this Agreement, Contracts and transactions hereunder and thereunder, will not, constitute “plan assets” under Section 3(42) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); F, and otherwise are not and will not be subject to Part 4, Subtitle B, Title I of ERISA or Section 4975 of the Internal Revenue Code of 1986, as amended, (ii) either (x) the assets of Customer represents do not and, prior to termination of the Agreement, Contracts and transactions hereunder and thereunder, will not constitute the assets of any “governmental plan” within the meaning of Section 3(32) of ERISA that it invests in Customer and are not and will maintain its Account in accordance not otherwise (along with the Agreement, Contracts and shall transactions hereunder and thereunder) be solely responsible for compliance with laws subject to any law, rule or other restriction applicable to the assets of any such governmental plan (“Governmental Plan Law”) or (y) the execution, delivery and with rulesperformance of this Agreement, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects Contracts and does the transactions hereunder and thereunder do not and will not violate any Governmental Plan Law, and (iii) Customer is not and, prior to termination of this Agreement will not be, a “Special Entity” as defined in the CEA. Customer will not take or permit any action (including, without limitation, permitting or effecting withdrawals from Customer or transfers of interests in Customer’s charter ) during the term of this Agreement that may render any of the foregoing representations and/or warranties untrue, incorrect or by-laws incomplete, and Customer shall promptly notify DBSI in writing if it becomes aware that any event, condition or circumstance has occurred or will occur that may render (or other comparable governing documenthas rendered) or any law, rule, regulation, judgment, decree, order, or agreement to which Customer or its property is subject or bound; H) As required by CFTC regulations, Customer shall create, retain, and produce upon request of the applicable contract marketforegoing representations and/or warranties untrue, the CFTC incorrect or the United States Department of Justice documents incomplete. (such as contracts, confirmations, telex printouts, invoices, and documents of titlej) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges of futures in connection with cash commodity transactions; I) Absent a separate written agreement between Xxxxxxxx and Xxxxxxxxxx with respect to give-ups, Xxxxxxxxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts executed by such brokers on an exchange for Customer and proposed to be “given up” to Xxxxxxxxxx for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; J) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to (i) deliver to DBSI, upon request from DBSI, its financial statements and any other information requested by DBSI and (ii) promptly notify Xxxxxxxxxx DBSI in writing if any of (A) the representations, warranties and representations or covenants contained in this Section 15 becomes 7 or (B) the financial statements and other information provided by Customer to DBSI pursuant to this Section 7 are, or become, inaccurate or incomplete in any way ceases to be true, complete, and correctmaterial respect.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents represents, warrants and warrants covenants to DBSI as of the date of this Agreement and agrees with Xxxxxxxxxx on each date a transaction relating to a Contract or the Account is entered into hereunder that: A(a) Customer(i) Customer is duly organized, if an individual, represents that he or she validly existing and in good standing under the laws of the place of its jurisdiction; (ii) Customer is of legal age and competence authorized to enter into this Agreement and that transactions to perform its obligations hereunder and will maintain in Contracts as contemplated by full force and effect any and all necessary authorizations or licenses to execute and deliver this Agreement are appropriate for Customer and consistent with perform its obligations hereunder; (iii) Customer’s investment objectives; obligations under this Agreement constitute its legal, valid and Execution Version binding obligations, enforceable against Customer in accordance with their respective terms; (iv) neither this Agreement nor the trading of Contracts violate Applicable Law or any other law or regulation (A) governing Customer or its assets and/or (B) affecting Customer’s activities under this Agreement (including but not limited to all applicable registration requirements); (v) the execution, if a legal entity, represents that it is duly organized, validly existing, delivery and empowered to enter into performance of this Agreement, to establish any Contract and the Account, to enter into transactions in Contracts as contemplated hereby and that such transactions are suitable for Customer and do consummation of any transaction hereunder does not violate or conflict with (A) any provision of Customer’s constitutional or organizational documents or (B) any order or judgment of any court or regulatory or self-regulatory organization applicable to Customer or any of Customer’s constituent documents. Customer further represents assets; and (vi) there is no judicial, arbitration or administrative proceeding, suit or claim pending, or, to Customer’s knowledge, threatened, that could affect the person executing enforceability of this Agreement on or Customer’s ability to perform its behalf has been duly and validly authorized to do so;obligations hereunder. C(b) Neither Customer nor any partner, director, officer, member, manager, or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, or employee of a futures commission merchant, broker-dealer, introducing broker, or regulatory of self-regulatory organization except as previously disclosed in writing to Xxxxxxxxxx; D) except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rules, and (ii) Customer is acting solely as principal and no one person other than Customer has any interest in or any Account control over the Account; (ii) Customer has sole responsibility for all decisions relating to the Account; (iii) Customer is capable of Customer. assessing the merits of and understanding the terms, conditions and risks of each Contract and understands and accepts the terms, conditions and risks of this Agreement and any Contract entered into in connection with this Agreement; (iv) Customer agrees has made its own independent decision to notify Xxxxxxxxxx enter into each Contract and as to whether each Contract is appropriate or proper for it based upon its own judgment; and (v) Customer is not relying on any communication of DBSI as investment advice or as a recommendation to enter into any Contract. (c) Customer is not an employee, partner, officer, director or owner of more than ten percent of the identity equity interest of a futures commission merchant, an introducing broker, Exchange or any other person self-regulatory organization, nor is Customer an employee or entity that controls the trading commissioner of the AccountCommodity Futures Trading Commission or Securities and Exchange Commission, has a financial interest of 10% or more except as previously disclosed in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest;writing to DBSl. E(d) If Customer’s account Customer is an insured depository subject to the Federal Deposit Insurance Act, Customer has been designated as a “hedge account”taken all action and maintained such records required to be taken or maintained by it to effect and maintain the enforceability of this Agreement pursuant to the Federal Deposit Insurance Act, and unless the person executing this Agreement on behalf of Customer is an authorized person with at least the rank of vice president. (e) Unless Customer notifies Xxxxxxxxxx DBSl to the contrary at the time it places an order with Xxxxxxxxxxcontrary, Customer is a U.S. Person. If Customer is a non-U.S. Person, Customer represents that each such order will be it is a bona fide hedging transaction “Non-U.S. Person” for purposes of the Commodity Exchange Act, as amended (the “CEA”) and the U.S. federal securities laws. (f) Customer is an “eligible contract participant” as defined in CFTC Regulation 1.3(zthe CEA. (g) None of (i) the execution and delivery of this Agreement or any document to be executed by Customer pursuant to this Agreement or (ii) the consummation of any transaction contemplated by this Agreement, will (A) result in any default or an event which, with the giving of notice or the lapse of time or both, would constitute a default under or (B) give rise to a right of termination or cancellation under any provision of, any contract or agreement to which Customer is a party or by which Customer or its properties or assets are bound. (i) (i) The assets of Customer do not and, prior to termination of this Agreement, Contracts and transactions hereunder and thereunder, will not, constitute “plan assets” under Section 3(42) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); F, and otherwise are not and will not be subject to Part 4, Subtitle B, Title I of ERISA or Section 4975 of the Internal Revenue Code of 1986, as amended, (ii) either (x) the assets of Customer represents do not and, prior to termination of the Agreement, Contracts and transactions hereunder and thereunder, will not constitute the assets of any “governmental plan” within the meaning of Section 3(32) of ERISA that it invests in Customer and are not and will maintain its Account in accordance not otherwise (along with the Agreement, Contracts and shall transactions hereunder and thereunder) be solely responsible for compliance with laws subject to any law, rule or other restriction applicable to the assets of any such governmental plan (“Governmental Plan Law”) or (y) the execution, delivery and with rulesperformance of this Agreement, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects Contracts and does the transactions hereunder and thereunder do not and will not violate any Governmental Plan Law, and (iii) Customer is not and, prior to termination of this Agreement will not be, a “Special Entity” as defined in the CEA. Customer will not take or permit any action (including, without limitation, permitting or effecting withdrawals from Customer or transfers of interests in Customer’s charter ) during the term of this Agreement that may render any of the foregoing representations and/or warranties untrue, incorrect or by-laws incomplete, and Customer shall promptly notify DBSI in writing if it becomes aware that any event, condition or circumstance has occurred or will occur that may render (or other comparable governing documenthas rendered) or any law, rule, regulation, judgment, decree, order, or agreement to which Customer or its property is subject or bound; H) As required by CFTC regulations, Customer shall create, retain, and produce upon request of the applicable contract marketforegoing representations and/or warranties untrue, the CFTC incorrect or the United States Department of Justice documents incomplete. Execution Version (such as contracts, confirmations, telex printouts, invoices, and documents of titlej) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges of futures in connection with cash commodity transactions; I) Absent a separate written agreement between Xxxxxxxx and Xxxxxxxxxx with respect to give-ups, Xxxxxxxxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts executed by such brokers on an exchange for Customer and proposed to be “given up” to Xxxxxxxxxx for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; J) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to (i) deliver to DBSI, upon request from DBSI, its financial statements and any other information requested by DBSI and (ii) promptly notify Xxxxxxxxxx DBSI in writing if any of (A) the representations, warranties and representations or covenants contained in this Section 15 becomes 7 or (B) the financial statements and other information provided by Customer to DBSI pursuant to this Section 7 are, or become, inaccurate or incomplete in any way ceases to be true, complete, and correctmaterial respect.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx R.X. X’Xxxxx that: A) Customer, if an individual, represents that he or she is of legal age and competence to enter into this Agreement and that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B) Customer, if a legal entity, represents that it is duly organizedorga- nized, validly existing, and empowered to enter into this Agreement, to establish the Account, to enter into transactions transac- tions in Contracts as contemplated hereby and that such transactions trans- actions are suitable for Customer and do not violate any of Customer’s constituent documents. Customer further represents repre- sents that the person executing this Agreement on its behalf has been duly and validly authorized to do so; C) Neither Customer nor any partner, director, officer, member, manager, or employee of Customer nor any affiliate of Customer Cus- tomer is a partner, director, officer, member, manager, or employee of a futures commission merchant, broker-dealer, introducing broker, or regulatory of self-regulatory organization organiza- tion except as previously disclosed in writing to XxxxxxxxxxR.X. X’Xxxxx; D) except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rules, and (ii) Customer is acting solely as principal prin- cipal and no one other than Customer has any interest in any Account of Customer. Customer agrees to notify Xxxxxxxxxx R.X. X’Xxxxx of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership owner- ship interest; E) If Customer’s account has been designated as a “hedge accountac- count”, and unless Customer notifies Xxxxxxxxxx R.X. X’Xxxxx to the contrary con- trary at the time it places an order with XxxxxxxxxxR.X. X’Xxxxx, Customer Custom- er represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance ac- cordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, or agreement to which Customer or its property is subject or bound; H) As required by CFTC regulations, Customer shall create, retain, and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice documents (such as contracts, confirmations, telex printouts, invoices, and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges of futures in connection with cash commodity transactions; I) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx R.X. X’Xxxxx with respect to give-ups, XxxxxxxxxxR.X. X’Xxxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts executed by such brokers on an exchange ex- change for Customer and proposed to be “given up” to Xxxxxxxxxx R.X. X’Xxxxx for clearance and/or carrying in the Account; if Xxxxxxxxxx R.X. X’Xxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx R.X. X’Xxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; J) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions resolu- tions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx R.X. X’Xxxxx in writing if any of the warranties and representations contained in this Section 15 becomes inaccurate or in any way ceases to be true, complete, and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to DBSI that as of the date of this Agreement and agrees with Xxxxxxxxxx thaton the date each transaction relating to a Contract or Account is entered into under this Agreement: A(i) CustomerCustomer is duly organized under the laws of the applicable jurisdiction and the execution, if an individual, represents that he delivery and performance of this Agreement by Customer have been authorized by all necessary corporate or she is of legal age other action; (ii) Customer has full power and competence authority to enter into this Agreement and that transactions in Contracts as contemplated by to perform its obligations under this Agreement; (iii) this Agreement are appropriate for Customer is valid and consistent binding on Customer, is enforceable against it in accordance with its terms and neither this Agreement nor the trading of Contracts violate Relevant Law or any other law or regulation governing or affecting Customer’s investment objectives; Bactivities under this Agreement or any order or agreement applicable to Customer or Customer’s property; (iv) Customer has and will maintain in full force and effect any and all necessary governmental or other approvals or authorizations to execute and deliver this Agreement, perform its obligations hereunder; (v) Customer, if a legal entityand any other person involved in the management of Customer or its Account, represents that it is duly organized, validly existing, are in compliance with all Relevant Law and empowered to enter into any other law or regulation governing or affecting Customer’s activities under this Agreement, including but not limited to establish the Account, to enter into transactions in Contracts as contemplated hereby and that such transactions are suitable for Customer and do not violate any of Customer’s constituent documents. Customer further represents that the person executing this Agreement on its behalf has been duly and validly authorized to do so; C) Neither Customer nor any partner, director, officer, member, manager, or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, or employee of a futures commission merchant, broker-dealer, introducing broker, or regulatory of self-regulatory organization except as previously disclosed in writing to Xxxxxxxxxx; D) except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from all applicable registration under CFTC rules, requirements; and (iivi) Customer is acting solely as principal and no one person other than Customer has any interest in or any control over any Account of Customer. . (b) Customer agrees to notify Xxxxxxxxxx is not an employee, partner, officer, director or owner of more than ten percent of the identity equity interest of a futures commission merchant, an introducing broker, Exchange or any other person self-regulatory organization nor is Customer an employee or entity that controls the trading commissioner of the AccountCommission, has a financial interest of 10% or more except as previously disclosed in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest;writing to DBSI. E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, or agreement to which Customer or its property is subject or bound; H) As required by CFTC regulations, Customer shall create, retain, and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice documents (such as contracts, confirmations, telex printouts, invoices, and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges of futures in connection with cash commodity transactions; I) Absent a separate written agreement between Xxxxxxxx and Xxxxxxxxxx with respect to give-ups, Xxxxxxxxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts executed by such brokers on an exchange for Customer and proposed to be “given up” to Xxxxxxxxxx for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jc) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and. K(d) The accompanying General Account Application (including any financial statements furnished in connection therewith) If Customer is truean insured depository subject to the Federal Deposit Insurance Act, correctCustomer has taken all action and maintained such records required to be taken or maintained by it to effect and maintain the enforceability of this Agreement pursuant to the Federal Deposit Insurance Act, and complete. the person executing this Agreement on behalf of Customer is an authorized person with at least the rank of vice president. (e) Unless Customer notifies DBSI to the contrary, Customer is a “U.S. Person.” For purposes of this Section 7(e), a “U.S. Person” is a Customer located in the United States, its territories or possessions, or if Customer is a foreign incorporated collective investment vehicle (a fund) whose place of business is outside of the United States, its territories and possessions, such Customer will be deemed to be a “U.S. Person” if 10% or more of such Customer is beneficially owned by residents of the United States, its territories or possessions. (f) Customer agrees promptly to promptly notify Xxxxxxxxxx DBSI in writing if any of the warranties and or representations contained in this Section 15 7 becomes inaccurate or incomplete in any way ceases respect and to be true, completeprovide financial and other information to DBSI at any time upon its reasonable request, and correctrepresents that any such information will be accurate and complete in every material respect. Customer shall also notify DBSI promptly of any material adverse change in the financial condition of Customer, regardless of whether Customer has previously furnished financial information to DBSI.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Carr that: A(a) Customer, if an individual, represents that he or she is of legal age Customer has full power and competence authorxxx to enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organized and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; (c) that Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate any statute, rule, regulation, judgment or decree to establish which Customer is subject or bound; (d) that Customer has had at least one year's prior experience in effectuating transactions in commodity interests, financial instruments, and foreign currency as contemplated hereby; and (e) no person or entity has any interest in or control of the AccountAccount to which this Agreement pertains except as disclosed by Customer to Carr in writing. (2) If Customer is a truxx, Customer represents and warrants that (a) it is a duly formed and existing trust under the laws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Carr in writing submitted herewith constxxxxe the only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 1 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on its behalf has been duly and validly authorized pertains except as disclosed by Customer to do so;Carr in writing. C(b) Neither Customer Neithxx Xustomer nor any partner, director, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, introducing broker, bank, broker-dealer, introducing broker, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the "CFTC"), except as previously disclosed in writing to XxxxxxxxxxCarr; D(c) except Any financial statements or other informxxxxn furnished in connection therewith are true, correct and complete. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees hereby authorizes Carr to notify Xxxxxxxxxx contact such banks, financial instituxxxxs and credit agencies as Carr shall deem appropriate for verification of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; Gxxx information contained herein; (d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s 's charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound; H; (e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, invoices and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions; I; (f) Customer consents to the electronic recording, at Carr's discretion, of any or all telephone convexxxxxxns with Carr (without automatic tone warning device); txx xse of same as evidence by either party in any action or proceeding arising out of the Agreement and in Carr's erasure, at its discretion, of any recordinx xx xart of its regular procedure for handling of recordings; (g) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx Carr with respect to give-ups, XxxxxxxxxxCarr, in its discretiondiscxxxxon, may, but shall have no obligation nx xbligation to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given "given-up” " to Xxxxxxxxxx Carr for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept such Contracts(h) Carr, for and on behalf of Customer, is authorized and empowered to place orders for commodity interest transactions through one or more electronic or automated trading systems maintained or operated by or under the auspices of an exchange, that Carr shall not be liable or obligated to Custxxxx for any loss, damage, liability, cost or expense (including but not limited to loss of profits, loss of use, incidental or consequential damages) incurred or sustained by Customer authorizes Xxxxxxxxxx and arising in whole or in part, directly or indirectly, from any fault, delay, omission, inaccuracy or termination of a system or Carr's inability to pay enter, cancel or modify an xxxxx on behalf of Customer on or through a system. The provisions of this Section 16(h) shall apply regardless of whether any customer claim arises in contract, negligence, tort, strict liability, breach or fiduciary obligations or otherwise; and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; J(i) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s 's Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx Carr in writing if any of the warranties and representations representaxxxxs contained in this Section 15 becomes 16 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Xxxx that: A(a) Customer, if an individual, represents that he or she is of legal age Customer has full power and competence authority to enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organize and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; (c) that Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate any statute, rule, regulation, judgment or decree to establish which Customer is subject or bound; (d) that Customer has had a least one year's prior experience in effectuating transactions in commodity interests, financial instruments, and foreign currency as contemplated hereby; and (e) no person or entity has any interest in or control of the AccountAccount to which this Agreement pertains except as disclosed by Customer to Xxxx in writing. (2) If Customer is a trust, Customer represents and warrants that (a) it is a duly formed and existing trust under the laws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Xxxx in writing submitted herewith constitute the only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 1 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on its behalf has been duly and validly authorized pertains except as disclosed by Customer to do so;Xxxx in writing. C(b) Neither Customer nor any partner, director, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, broker-dealer, introducing broker, bank, broker- dealer, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the "CFTC"), except as previously disclosed in writing to XxxxxxxxxxXxxx; D(c) except Any financial statements or other information furnished in connection therewith are true, correct and complete. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees hereby authorizes Xxxx to notify Xxxxxxxxxx contact such banks, financial institutions and credit agencies as Xxxx shall deem appropriate for verification of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interestinformation contained herein; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G(d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s 's charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound; H; (e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, and invoices an documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions; I; (f) Customer consents to the electronic recording, at Xxxx'x discretion, of any or all telephone conversations with Xxxx (without automatic tone warning device); the use of same as evidence by either party in any action or proceeding arising out of the Agreement and in Xxxx'x erasure, at its discretion, of any recording as part of its regular procedure for handling of recordings; (g) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx Xxxx with respect to give-ups, XxxxxxxxxxXxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given "given-up” " to Xxxxxxxxxx Xxxx for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept such Contracts(h) Xxxx, for an on behalf of Customer, is authorized and empowered to place orders for commodity interest transactions through one or more electronic or automated trading systems maintained or operated by or under the auspices of an exchange, that Xxxx shall not be liable or obligated to Customer authorizes Xxxxxxxxxx for any loss, damage, liability, cost or expense (including but not limited to pay loss of profits, loss of use, incidental or consequential damages) incurred or sustained by Customer and charge arising in whole or in part, directly or indirectly, from any fault, delay, omission, inaccuracy or termination of a system or Xxxx'x inability to Customer’s Account enter, cancel or modify an order on behalf of Customer on or through a system. The provisions of this Section 16(h) shall apply regardless of whether any give-up customer claim arises in contract, negligence, tort, strict liability, breach or give-in fee that may be charged by any exchange fiduciary obligations or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Accountotherwise; Jand (i) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s 's Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx Xxxx in writing if any of the warranties and representations contained in this Section 15 becomes 16 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Xxxx that: A) Customer, if an individual, represents that he or she is of legal age a. Customer has full power and competence authority to enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (i) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organized and in good standing under the laws of the jurisdiction in which it. is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; and (c) no person or entity has any interest in or control of the Account to establish which this Agreement pertains except as disclosed by Customer to Xxxx in writing. (ii) If Customer is a trust, Customer represents and warrants that (a) it is a duly formed and existing trust under the Accountlaws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Xxxx in writing submitted herewith constitute the only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 1 7 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on pertains except as disclosed by Customer to Xxxx in writing. b. To the best of its behalf has been duly and validly authorized to do so; C) Neither knowledge, neither Customer nor any partner, director, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, introducing broker, bank, broker-dealer, introducing broker, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the "CFTC"), except as previously disclosed in writing to Xxxxxxxxxx;Xxxx; The General Partner is a broker dealer. D) except c. Any financial statements or other information furnished in connection therewith are true, correct and complete. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees hereby authorizes Xxxx to notify Xxxxxxxxxx contact such banks, financial institutions and credit agencies as Xxxx shall xxxx appropriate for verification of the identity of any other person or entity that controls the trading of the Account, has information contained herein. The General Partner is a financial interest of 10% or more in the Account or the identity of any other account in which the commodity pool operator and an introducing broker. The Customer controls or has is a 10% or greater ownership interest;commodity pool. E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G) d. Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s 's charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound; H) e. As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, invoices and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions; I) f. Customer consents to the electronic recording, at Xxxx'x discretion, of any or all telephone conversations with Xxxx (without automatic tone warning device), the use of same as evidenced by either party in any action or proceeding arising out of the Agreement and in Xxxx'x erasure, at its discretion, of any recording as part of its regular procedure for handling of recordings; g. Absent a separate written agreement agreement, between Xxxxxxxx Customer and Xxxxxxxxxx Xxxx with respect to give-ups, XxxxxxxxxxXxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given "given-up” " to Xxxxxxxxxx Xxxx for clearance and/or carrying in the Account; x. Xxxx, for and on behalf of Customer, is authorized and empowered to place orders for commodity interest transactions through one or more electronic or automated trading or order routing systems maintained or operated by or under the auspices of an exchange or by Xxxx, or any third party vendors, that Xxxx shall not be liable or obligated to Customer for any losses, claims, damages, liabilities, costs or expenses (including but not limited to loss of profits, loss of use, direct or indirect incidental or consequential damages) incurred or sustained by Customer and arising in whole or in part, directly or indirectly, from any error, fault, failure, inadequate performance or nonperformance, delay, omission, malfunction, inaccuracy or termination of an electronic trading system or order routing system or Xxxx'x inability to enter, cancel or modify an order on behalf of Customer on or through an electronic trading system or order routing system. The provisions of this Section 17(h) shall apply regardless of whether any customer claim arises in contract, negligence, tort, strict liability, breach of fiduciary obligations or otherwise; if Xxxxxxxxxx does accept and x. Xxxx shall be entitled to rely on any instructions, notices and communications, whether oral or in writing, that it reasonably believes to be from an individual authorized to act on behalf of Customer, including, but not limited to, any individual(s) identified in writing by Customer as authorized to act on its behalf, and Customer shall be bound thereby. Customer hereby waives any defense that any such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-instruction was not in fee that writing as may be charged required by the relevant statutes or any exchange other similar law, rule or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; J) regulation. j. If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s 's Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and. Kk. Customer is aware of and agrees to be bound by the rules of the NASD applicable to the trading of security futures product contracts. l. Customer is aware of and agrees not to violate applicable security futures product position limits. m. Customer acknowledges that Xxxx has furnished it with a copy of the current Security Futures Risk Disclosure Statement and disclosures required by NQLX Rule 372(a)(2) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and completefor pre-negotiated transactions. Customer agrees to promptly notify Xxxxxxxxxx Xxxx in writing if any of the warranties and representations contained in this Section 15 becomes 1 7 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Carr that: A(a) Customer, if an individual, represents that he or she is of legal age Customer has full power and competence to authoritx xo enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organize and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; (c) that Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate any statute, rule, regulation, judgment or decree to establish which Customer is subject or bound; (d) that Customer has had a least one year's prior experience in effectuating transactions in commodity interests, financial instruments, and foreign currency as contemplated hereby; and (e) no person or entity has any interest in or control of the AccountAccount to which this Agreement pertains except as disclosed by Customer to Carr in writing. (2) If Customer is a truxx, Customer represents and warrants that (a) it is a duly formed and existing trust under the laws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Carr in writing submitted herewith constitute xxx only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 1 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on its behalf has been duly and validly authorized pertains except as disclosed by Customer to do so;Carr in writing. C(b) Neither Customer nor any partner, directorxxrector, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, introducing broker, bank, broker-dealer, introducing broker, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the "CFTC"), except as previously disclosed in writing to XxxxxxxxxxCarr; D(c) except Any financial statements or other informaxxxx furnished in connection therewith are true, correct and complete. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees hereby authorizes Carr to notify Xxxxxxxxxx contact such banks, financial institutixxx and credit agencies as Carr shall deem appropriate for verification of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interestxxxxrmation contained herein; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G(d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s 's charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound; H(e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, and invoices an documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions; I(f) Customer consents to the electronic recording, at Carr's discretion, of any or all telephone converxxxxxxs with Carr (without automatic tone warning device); thx xse of same as evidence by either party in any action or proceeding arising out of the Agreement and in Carr's erasure, at its discretion, of any recording xx xxxt of its regular procedure for handling of recordings; - 9 - (g) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx Carr with respect to give-ups, XxxxxxxxxxCarr, in its discretiondiscretiox, mayxay, but shall have no obligation oblixxxxon to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given "given-up” " to Xxxxxxxxxx Carr for clearance and/or carrying in the Account; (h) Carr, for an on behalf of Customer, is authorized and empowered to place orders for commodity interest transactions through one or more electronic or automated trading systems maintained or operated by or under the auspices of an exchange, that Carr shall not be liable or obligated to Customer xxx any loss, damage, liability, cost or expense (including but not limited to loss of profits, loss of use, incidental or consequential damages) incurred or sustained by Customer and arising in whole or in part, directly or indirectly, from any fault, delay, omission, inaccuracy or termination of a system or Carr's inability to enter, cancel or modify an orxxx xx behalf of Customer on or through a system. The provisions of this Section 16(h) shall apply regardless of whether any customer claim arises in contract, negligence, tort, strict liability, breach or fiduciary obligations or otherwise; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jand (i) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s 's Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx Carr in writing if any of the warranties and representations representaxxxxs contained in this Section 15 becomes 16 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx that: A) Customer, if an individual, represents that he or she is of legal age and competence to enter into this Agreement and that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B) Customer, if a legal entity, represents that it is duly organized, validly existing, and empowered to enter into this Agreement, to establish the Account, to enter into transactions in Contracts as contemplated hereby and that such transactions are suitable for Customer and do not violate any of Customer’s constituent documents. Customer further represents that the person executing this Agreement on its behalf has been duly and validly authorized to do so; C) Neither Customer nor any partner, director, officer, member, manager, or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, or employee of a futures commission merchant, broker-dealer, introducing broker, or regulatory of self-regulatory organization except as previously disclosed in writing to Xxxxxxxxxx; D) except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rules, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees to notify Xxxxxxxxxx of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activitiesitsactivities; G) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, or agreement to which Customer or its property is subject or bound; H) As required by CFTC regulations, Customer shall create, retain, and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice documents (such as contracts, confirmations, telex printouts, invoices, and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges of futures in connection with cash commodity transactions; I) Absent a separate written agreement between Xxxxxxxx and Xxxxxxxxxx with respect to give-ups, Xxxxxxxxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts executed by such brokers on an exchange for Customer and proposed to be “given up” to Xxxxxxxxxx for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; J) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx in writing if any of the warranties and representations contained in this Section 15 becomes inaccurate or in any way ceases to be true, complete, and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Newedge that: A(a) Customer, if an individual, represents that he or she is of legal age Customer has full power and competence authority to enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organized and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; and (c) no person or entity has any interest in or control of the Account to establish which this Agreement pertains except as disclosed by Customer to Newedge in writing. (2) If Customer is a trust, Customer represents and warrants that (a) it is a duly formed and existing trust under the Accountlaws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties June 2009 designated as trustee or trustees by Customer to Newedge in writing submitted herewith constitute the only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 17 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on pertains except as disclosed by Customer to Newedge in writing. (b) To the best of its behalf has been duly and validly authorized to do so; C) Neither knowledge, neither Customer nor any partner, director, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, introducing broker, bank, broker-dealer, introducing broker, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the “CFTC”), except as previously disclosed in writing to Xxxxxxxxxx;Newedge. D(c) except To help the government fight the funding of terrorism and money-laundering activities, U.S. Federal law requires Newedge to obtain, verify and record information that identifies each and every person for which an account is opened by Newedge, whether that person is an individual, association, partnership, corporation, trust or other entity. Customer will furnish information and documentation as requested by Newedge so that Newedge can verify Customer’s identity as required by U.S. Federal law. Any financial statements or information, or identifying information and documentation furnished to Newedge are true, correct and complete. Customer hereby authorizes Newedge to contact such banks, financial institutions and credit agencies as Newedge shall deem appropriate for verification of such financial statements or other information. Upon the Customer’s request, Newedge will inform the Customer whether it has obtained credit reports, and if so, Newedge will inform the Customer of the name and address of the reporting agency that furnished those reports. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees to notify Xxxxxxxxxx of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest;. E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G(d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound;. H(e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, invoices and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions;. I(f) Customer consents to the electronic recording, at Newedge’s discretion, of any or all telephone conversations with Newedge (without automatic tone warning device), the use of June 2009 same as evidenced by either party in any action or proceeding arising out of the Agreement and in Newedge’s erasure, at its discretion, of any recording as part of its regular procedure for handling of recordings. (g) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx Newedge with respect to give-ups, XxxxxxxxxxNewedge, in its discretion, may, but shall have no obligation to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given given-up” to Xxxxxxxxxx Newedge for clearance and/or carrying in the Account; if Xxxxxxxxxx . (h) Newedge, for and on behalf of Customer, is authorized and empowered to place orders for commodity interest transactions through one or more electronic or automated trading or order routing systems maintained or operated by or under the auspices of an exchange or by Newedge, or any third party vendors, that Newedge shall not be liable or obligated to Customer for any losses, claims, damages, liabilities, costs or expenses (including but not limited to loss of profits, loss of use, direct or indirect incidental or consequential damages) incurred or sustained by Customer and arising in whole or in part, directly or indirectly, from any error, fault, failure, inadequate performance or nonperformance, delay, omission, malfunction, inaccuracy or termination of an electronic trading system or order routing system or Newedge’s inability to enter, cancel or modify an order on behalf of Customer on or through an electronic trading system or order routing system. The provisions of this Section 17(h) shall apply regardless of whether any customer claim arises in contract, negligence, tort, strict liability, breach of fiduciary obligations or otherwise. This Section 17(h) does accept not effect Newedge’s obligations under Section 8(d) herein. (i) Newedge shall be entitled to rely on any instructions, notices and communications, whether oral or in writing, that it reasonably believes to be from an individual authorized to act on behalf of Customer, including, but not limited to, any individual(s) identified in writing by Customer as authorized to act on its behalf, and Customer shall be bound thereby. Customer hereby waives any defense that any such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-instruction was not in fee that writing as may be charged required by the relevant statutes or any exchange other similar law, rule or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jregulation. (j) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and. K(k) The accompanying General Account Application Customer is aware of and agrees to be bound by the rules of FINRA applicable to the trading of security futures product contracts. (including any financial statements l) Customer is aware of and agrees not to violate applicable security futures product position limits. (m) Customer acknowledges that Newedge has furnished in connection therewith) is true, correct, and completeit with a copy of the current Security Futures Risk Disclosure Statement. June 2009 Customer agrees to promptly notify Xxxxxxxxxx Newedge in writing if any of the warranties and representations contained in this Section 15 becomes 17 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx that: A) Customer, if an individual, represents that he or she is of legal age and competence to enter into this Agreement and that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B) Customer, if a legal entity, represents that it is duly organized, validly existing, and empowered to enter into this Agreement, to establish the Account, to enter into transactions in Contracts as contemplated hereby and that such transactions are suitable for Customer and do not violate any of Customer’s constituent documents. Customer further represents that the person executing this Agreement on its behalf has been duly and validly authorized to do so; C) Neither Customer nor any partner, director, officer, member, manager, or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, or employee of a futures commission merchant, broker-dealer, introducing broker, or regulatory of self-regulatory organization except as previously disclosed in writing to Xxxxxxxxxx; D) except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rules, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees to notify Xxxxxxxxxx of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activitiesitsactivities; G) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, or agreement to which Customer or its property is subject or bound; H) As required by CFTC regulations, Customer shall create, retain, and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice documents (such as contracts, confirmations, telex printouts, invoices, and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges of futures in connection with cash commodity transactions; I) Absent a separate written agreement between Xxxxxxxx and Xxxxxxxxxx with respect to give-ups, Xxxxxxxxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts executed by such brokers on an exchange for Customer and proposed to be “given up” to Xxxxxxxxxx for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; J) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and completeandcomplete. Customer agrees to promptly notify Xxxxxxxxxx in writing if any of the warranties and representations contained in this Section 15 becomes inaccurate or in any way ceases to be true, complete, and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to DBSI that as of the date of this Agreement and agrees with Xxxxxxxxxx thaton the date each transaction relating to a Contract or Account is entered into under this Agreement: A(a) Customer(i) Customer is duly organized under the laws of the applicable jurisdiction and the execution, if an individual, represents that he delivery and performance of this Agreement by Customer have been authorized by all necessary corporate or she is of legal age other action; (ii) Customer has full power and competence authority to enter into this Agreement and that transactions in Contracts as contemplated by to perform its obligations under this Agreement; (iii) this Agreement are appropriate for Customer is valid and consistent binding on Customer, is enforceable against it in accordance with its terms and neither this Agreement nor the trading of Contracts violate Relevant Law or any other law or regulation governing or affecting Customer’s investment objectives; Bactivities under this Agreement or any order or agreement applicable to Customer or Customer’s property; (iv) Customer has and will maintain in full force and effect any and all necessary governmental or other approvals or authorizations to execute and deliver this Agreement, perform its obligations hereunder; (v) Customer, if a legal entityand any other person involved in the management of Customer or its Account, represents that it is duly organized, validly existing, are in compliance with all Relevant Law and empowered to enter into any other law or regulation governing or affecting Customer’s activities under this Agreement, including but not limited to establish the Account, to enter into transactions in Contracts as contemplated hereby and that such transactions are suitable for Customer and do not violate any of Customer’s constituent documents. Customer further represents that the person executing this Agreement on its behalf has been duly and validly authorized to do so; C) Neither Customer nor any partner, director, officer, member, manager, or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, or employee of a futures commission merchant, broker-dealer, introducing broker, or regulatory of self-regulatory organization except as previously disclosed in writing to Xxxxxxxxxx; D) except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from all applicable registration under CFTC rules, requirements; and (iivi) Customer is acting solely as principal and no one person other than Customer has any interest in or any control over any Account of Customer. . (b) Customer agrees to notify Xxxxxxxxxx is not an employee, partner, officer, director or owner of more than ten percent of the identity equity interest of a futures commission merchant, an introducing broker, Exchange or any other person self-regulatory organization nor is Customer an employee or entity that controls the trading commissioner of the AccountCommission, has a financial interest of 10% or more except as previously disclosed in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest;writing to DBSI. E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, or agreement to which Customer or its property is subject or bound; H) As required by CFTC regulations, Customer shall create, retain, and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice documents (such as contracts, confirmations, telex printouts, invoices, and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges of futures in connection with cash commodity transactions; I) Absent a separate written agreement between Xxxxxxxx and Xxxxxxxxxx with respect to give-ups, Xxxxxxxxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts executed by such brokers on an exchange for Customer and proposed to be “given up” to Xxxxxxxxxx for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jc) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and. K(d) The accompanying General Account Application (including any financial statements furnished in connection therewith) If Customer is truean insured depository subject to the Federal Deposit Insurance Act, correctCustomer has taken all action and maintained such records required to be taken or maintained by it to effect and maintain the enforceability of this Agreement pursuant to the Federal Deposit Insurance Act, and complete. the person executing this Agreement on behalf of Customer is an authorized person with at least the rank of vice president. (e) Customer agrees promptly to promptly notify Xxxxxxxxxx DBSI in writing if any of the warranties and or representations contained in this Section 15 7 becomes inaccurate or incomplete in any way ceases respect and to be true, completeprovide financial and other information to DBSI at any time upon its reasonable request, and correctrepresents that any such information will be accurate and complete in every material respect. Customer shall also notify DBSI promptly of any material adverse change in the financial condition of Customer, regardless of whether Customer has previously furnished financial information to DBSI.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Newedge that: A(a) Customer, if an individual, represents that he or she is of legal age Customer has full power and competence authority to enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organized and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; and (c) no person or entity has any interest in or control of the Account to establish which this Agreement pertains except as disclosed by Customer to Newedge in writing. (2) If Customer is a trust, Customer represents and warrants that (a) it is a duly formed and existing trust under the Accountlaws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Newedge in writing submitted herewith constitute the only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 17 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on pertains except as disclosed by Customer to Newedge in writing. (b) To the best of its behalf has been duly and validly authorized to do so; C) Neither knowledge, neither Customer nor any partner, director, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, introducing broker, bank, broker-dealer, introducing broker, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the “CFTC”), except as previously disclosed in writing to XxxxxxxxxxNewedge; D(c) except To help the government fight the funding of terrorism and money-laundering activities, U.S. Federal law requires Newedge to obtain, verify and record information that identifies each and every person for which an account is opened by Newedge, whether that person is an individual, association, partnership, corporation, trust or other entity. Customer will furnish information and documentation as requested by Newedge so that Newedge can verify Customer’s identity as required by U.S. Federal law. Any financial statements or information, or identifying information and documentation furnished to Newedge are true, correct and complete. Customer hereby authorizes Newedge to contact such banks, financial institutions and credit agencies as Newedge shall deem appropriate for verification of such financial statements or other information. Upon the Customer’s request, Newedge will inform the Customer whether it has obtained credit reports, and if so, Newedge will inform the Customer of the name and address of the reporting agency that furnished those reports. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees to notify Xxxxxxxxxx of the identity of any other person or entity Newedge acknowledges that controls the trading of the Account, it has a financial interest of 10% or more in the Account or the identity of any other account in which been informed that the Customer controls or has is a 10% or greater ownership interest;commodity pool. E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G(d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound; H(e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, invoices and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions; I(f) Customer consents to the electronic recording, at Newedge’s discretion, of any or all telephone conversations with Newedge (without automatic tone warning device), the use of same as evidenced by either party in any action or proceeding arising out of the Agreement and in Newedge’s erasure, at its discretion, of any recording as part of its regular procedure for handling of recordings; (g) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx Newedge with respect to give-ups, XxxxxxxxxxNewedge, in its discretion, may, but shall have no obligation to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given given-up” to Xxxxxxxxxx Newedge for clearance and/or carrying in the Account; (h) Newedge, for and on behalf of Customer, is authorized and empowered to place orders for commodity interest transactions through one or more electronic or automated trading or order routing systems maintained or operated by or under the auspices of an exchange or by Newedge, or any third party vendors, that Newedge shall not be liable or obligated to Customer for any losses, claims, damages, liabilities, costs or expenses (including but not limited to loss of profits, loss of use, direct or indirect incidental or consequential damages) incurred or sustained by Customer and arising in whole or in part, directly or indirectly, from any error, fault, failure, inadequate performance or nonperformance, delay, omission, malfunction, inaccuracy or termination of an electronic trading system or order routing system or Newedge’s inability to enter, cancel or modify an order on behalf of Customer on or through an electronic trading system or order routing system. The provisions of this Section 17(h) shall apply regardless of whether any customer claim arises in contract, negligence, tort, strict liability, breach of fiduciary obligations or otherwise; if Xxxxxxxxxx does accept and (i) Newedge shall be entitled to rely on any instructions, notices and communications, whether oral or in writing, that it reasonably believes to be from an individual authorized to act on behalf of Customer, including, but not limited to, any individual(s) identified in writing by Customer as authorized to act on its behalf, and Customer shall be bound thereby. Customer hereby waives any defense that any such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-instruction was not in fee that writing as may be charged required by the relevant statutes or any exchange other similar law, rule or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jregulation. (j) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and. K(k) The accompanying General Account Application Customer is aware of and agrees to be bound by the rules of FINRA applicable to the trading of security futures product contracts. (including any financial statements l) Customer is aware of and agrees not to violate applicable security futures product position limits. (m) Customer acknowledges that Newedge has furnished in connection therewith) is true, correct, and completeit with a copy of the current Security Futures Risk Disclosure Statement. Customer agrees to promptly notify Xxxxxxxxxx Newedge in writing if any of the warranties and representations contained in this Section 15 becomes 17 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to DBSI that as of the date of this Agreement and agrees with Xxxxxxxxxx thaton the date each transaction relating to a Contract or Account is entered into under this Agreement: A(i) CustomerCustomer is duly organized under the laws of the applicable jurisdiction and the execution, if an individual, represents that he delivery and performance of this Agreement by Customer have been authorized by all necessary corporate or she is of legal age other action; (ii) Customer has full power and competence authority to enter into this Agreement and that transactions in Contracts as contemplated by to perform its obligations under this Agreement; (iii) this Agreement are appropriate for is valid and binding on Customer, is enforceable against it in accordance with its terms and neither this Agreement nor the trading of Contracts violate Relevant Law or any other law or regulation governing or affecting Customer's activities under this Agreement or any order or agreement applicable to Customer or Customer's property; (iv) Customer has and consistent with Customer’s investment objectives; Bwill maintain in full force and effect any and all necessary governmental or other approvals or authorizations to execute and deliver this Agreement, perform its obligations hereunder; (v) Customer, if a legal entityand any other person involved in the management of Customer or its Account, represents that it is duly organized, validly existing, are in compliance with all Relevant Law and empowered to enter into any other law or regulation governing or affecting Customer's activities under this Agreement, including but not limited to establish the Account, to enter into transactions in Contracts as contemplated hereby and that such transactions are suitable for Customer and do not violate any of Customer’s constituent documents. Customer further represents that the person executing this Agreement on its behalf has been duly and validly authorized to do so; C) Neither Customer nor any partner, director, officer, member, manager, or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, or employee of a futures commission merchant, broker-dealer, introducing broker, or regulatory of self-regulatory organization except as previously disclosed in writing to Xxxxxxxxxx; D) except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from all applicable registration under CFTC rules, requirements; and (iivi) Customer is acting solely as principal and no one person other than Customer has any interest in or any control over any Account of Customer. . (b) Customer agrees to notify Xxxxxxxxxx is not an employee, partner, officer, director or owner of more than ten percent of the identity equity interest of a futures commission merchant, an introducing broker, Exchange or any other person self-regulatory organization nor is Customer an employee or entity that controls the trading commissioner of the AccountCommission, has a financial interest of 10% or more except as previously disclosed in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest;writing to DBSI. E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, or agreement to which Customer or its property is subject or bound; H) As required by CFTC regulations, Customer shall create, retain, and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice documents (such as contracts, confirmations, telex printouts, invoices, and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges of futures in connection with cash commodity transactions; I) Absent a separate written agreement between Xxxxxxxx and Xxxxxxxxxx with respect to give-ups, Xxxxxxxxxx, in its discretion, may, but shall have no obligation to, accept from other brokers contracts executed by such brokers on an exchange for Customer and proposed to be “given up” to Xxxxxxxxxx for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jc) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s 's Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and. K(d) The accompanying General Account Application (including any financial statements furnished in connection therewith) If Customer is truean insured depository subject to the Federal Deposit Insurance Act, correctCustomer has taken all action and maintained such records required to be taken or maintained by it to effect and maintain the enforceability of this Agreement pursuant to the Federal Deposit Insurance Act, and complete. the person executing this Agreement on behalf of Customer is an authorized person with at least the rank of vice president. (e) Unless Customer notifies DBSI to the contrary, Customer is a "U.S. Person." For purposes of this Section 7(e), a "U.S. Person" is a Customer located in the United States, its territories or possessions, or if Customer is a foreign incorporated collective investment vehicle (a fund) whose place of business is outside of the United States, its territories and possessions, such Customer will be deemed to be a "U.S. Person" if 10% or more of such Customer is beneficially owned by residents of the United States, its territories or possessions. (f) Customer agrees promptly to promptly notify Xxxxxxxxxx DBSI in writing if any of the warranties and or representations contained in this Section 15 7 becomes inaccurate or incomplete in any way ceases respect and to be true, completeprovide financial and other information to DBSI at any time upon its reasonable request, and correctrepresents that any such information will be accurate and complete in every material respect. Customer shall also notify DBSI promptly of any material adverse change in the financial condition of Customer, regardless of whether Customer has previously furnished financial information to DBSI.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Newedge that: A(a) Customer, if an individual, represents that he or she is of legal age Customer has full power and competence authority to enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organized and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; and (c) no person or entity has any interest in or control of the Account to establish which this Agreement pertains except as disclosed by Customer to Newedge in writing. (2) If Customer is a trust, Customer represents and warrants that (a) it is a duly formed and existing trust under the Accountlaws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Newedge in writing submitted herewith constitute the only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 17 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on pertains except as disclosed by Customer to Newedge in writing. (b) To the best of its behalf has been duly and validly authorized to do so; C) Neither knowledge, neither Customer nor any partner, director, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, introducing broker, bank, broker-dealer, introducing broker, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the "CFTC"), except as previously disclosed in writing to Xxxxxxxxxx;Newedge. D(c) except To help the government fight the funding of terrorism and money-laundering activities, U.S. Federal law requires Newedge to obtain, verify and record information that identifies each and every person for which an account is opened by Newedge, whether that person is an individual, association, partnership, corporation, trust or other entity. Customer will furnish information and documentation as requested by Newedge so that Newedge can verify Customer's identity as required by U.S. Federal law. Any financial statements or information, or identifying information and documentation furnished to Newedge are true, correct and complete. Customer hereby authorizes Newedge to contact such banks, financial institutions and credit agencies as Newedge shall deem appropriate for verification of such financial statements or other information. Upon the Customer's request, Newedge will inform the Customer whether it has obtained credit reports, and if so, Newedge will inform the Customer of the name and address of the reporting agency that furnished those reports. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees to notify Xxxxxxxxxx of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest;. E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G(d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s 's charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound;. H(e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, invoices and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions;. I(f) Customer consents to the electronic recording, at Newedge's discretion, of any or all telephone conversations with Newedge (without automatic tone warning device), the use of same as evidenced by either party in any action or proceeding arising out of the Agreement and in Newedge's erasure, at its discretion, of any recording as part of its regular procedure for handling of recordings. (g) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx Newedge with respect to give-ups, XxxxxxxxxxNewedge, in its discretion, may, but shall have no obligation to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given "given-up” " to Xxxxxxxxxx Newedge for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept . (h) Newedge, for and on behalf of Customer, is authorized and empowered to place orders for commodity interest transactions through one or more electronic or automated trading or order routing systems maintained or operated by or under the auspices of an exchange or by Newedge, or any third party vendors, that Newedge shall not be liable or obligated to Customer for any losses, claims, damages, liabilities, costs or expenses (including but not limited to loss of profits, loss of use, direct or indirect incidental or consequential damages) incurred or sustained by Customer and arising in whole or in part, directly or indirectly, from any error, fault, failure, inadequate performance or nonperformance, delay, omission, malfunction, inaccuracy or termination of an electronic trading system or order routing system or Newedge's inability to enter, cancel or modify an order on behalf of Customer on or through an electronic trading system or order routing system. The provisions of this Section 17(h) shall apply regardless of whether any customer claim arises in contract, negligence, tort, strict liability, breach of fiduciary obligations or otherwise. (i) Newedge shall be entitled to rely on any instructions, notices and communications, whether oral or in writing, that it reasonably believes to be from an individual authorized to act on behalf of Customer, including, but not limited to, any individual(s) identified in writing by Customer as authorized to act on its behalf, and Customer shall be bound thereby. Customer hereby waives any defense that any such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-instruction was not in fee that writing as may be charged required by the relevant statutes or any exchange other similar law, rule or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jregulation. (j) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s 's Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and. K(k) The accompanying General Account Application Customer is aware of and agrees to be bound by the rules of FINRA applicable to the trading of security futures product contracts. (including any financial statements I) Customer is aware of and agrees not to violate applicable security futures product position limits. (m) Customer acknowledges that Newedge has furnished in connection therewith) is true, correct, and completeit with a copy of the current Security Futures Risk Disclosure Statement. Customer agrees to promptly notify Xxxxxxxxxx Newedge in writing if any of the warranties and representations contained in this Section 15 becomes 17 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Carr that: A(a) Customer, if an individual, represents that he or she is of legal age Customer has full power and competence authorxxx to enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organized and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; (c) that Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate any statute, rule, regulation, judgment or decree to establish which Customer is subject or bound; (d) that Customer has had at least one year's prior experience in effectuating transactions in commodity interests, financial instruments, and foreign currency as contemplated hereby; and (e) no person or entity has any interest in or control of the AccountAccount to which this Agreement pertains except as disclosed by Customer to Carr in writing. (2) If Customer is a truxx, Customer represents and warrants that (a) it is a duly formed and existing trust under the laws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Carr in writing submitted herewith constxxxxe the only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 1 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on its behalf has been duly and validly authorized pertains except as disclosed by Customer to do so;Carr in writing. C(b) Neither Customer Neithxx Xustomer nor any partner, director, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, introducing broker, bank, broker-dealer, introducing broker, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the "CFTC"), except as previously disclosed in writing to XxxxxxxxxxCarr; D(c) except Any financial statements or other informxxxxn furnished in connection therewith are true, correct and complete. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees hereby authorizes Carr to notify Xxxxxxxxxx contact such banks, financial instituxxxxs and credit agencies as Carr shall deem appropriate for verification of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interestxxx information contained herein; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G(d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s 's charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound; H(e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, invoices and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions; I(f) Customer consents to the electronic recording, at Carr's discretion, of any or all telephone convexxxxxxns with Carr (without automatic tone warning device); txx xse of same as evidence by either party in any action or proceeding arising out of the Agreement and in Carr's erasure, at its discretion, of any recordinx xx xart of its regular procedure for handling of recordings; (g) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx Carr with respect to give-ups, XxxxxxxxxxCarr, in its discretiondiscxxxxon, may, but shall have no obligation nx xbligation to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given "given-up” " to Xxxxxxxxxx Carr for clearance and/or carrying in the Account; (h) Carr, for and on behalf of Customer, is authorized and empowered to place orders for commodity interest transactions through one or more electronic or automated trading systems maintained or operated by or under the auspices of an exchange, that Carr shall not be liable or obligated to Custxxxx for any loss, damage, liability, cost or expense (including but not limited to loss of profits, loss of use, incidental or consequential damages) incurred or sustained by Customer and arising in whole or in part, directly or indirectly, from any fault, delay, omission, inaccuracy or termination of a system or Carr's inability to enter, cancel or modify an xxxxx on behalf of Customer on or through a system. The provisions of this Section 16(h) shall apply regardless of whether any customer claim arises in contract, negligence, tort, strict liability, breach or fiduciary obligations or otherwise; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jand (i) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s 's Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx Carr in writing if any of the warranties and representations representaxxxxs contained in this Section 15 becomes 16 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Carr that: A(a) Customer, if an individual, represents that he or she is of legal age Cuxxxxer has full power and competence authority to enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organized and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; (c) that Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate any statute, rule, regulation, judgment or decree to establish which Customer is subject or bound; (d) that Customer has had at least one year's prior experience in effectuating transactions in commodity interests, financial instruments, and foreign currency as contemplated hereby; and (e) no person or entity has any interest in or control of the AccountAccount to which this Agreement pertains except as disclosed by Customer to Carr in writing. (2) If Customer is a trust, Customer represents and warrants that (a) it is a duly formed and existing trust under the laws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Carr xx xriting submitted herewith constitute the only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 1 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on its behalf has been duly and validly authorized pertains except as disclosed by Customer to do so;Carr in xriting. C(b) Neither Customer nor any partner, director, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, introducing broker, bank, broker-dealer, introducing broker, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the "CFTC"), except as previously disclosed in writing to XxxxxxxxxxCarr; D(c) except Any fixxxxial statements or other information furnished in connection therewith are true, correct and complete. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees hereby authorizes Carr to notify Xxxxxxxxxx contact such banks, financial institutions and credit agencies as Carr shall deex xppropriate for verification of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interestinformation contained herein; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; G(d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s 's charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound; H(e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, invoices and documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions; I(f) Customer consents to the electronic recording, at Carr's discretxxx, of any or all telephone conversations with Carr (without xxxomatic tone warning device); the use of same as evidence by either party in any action or proceeding arising out of the Agreement and in Carr's erasure, at its discretiox, of any recording as part of its regular procedure for handling of recordings; (g) Absent a separate written agreement between Xxxxxxxx Customer and Xxxxxxxxxx Carr with respect respxxx to give-ups, XxxxxxxxxxCarr, in its discretion, may, but xxx shall have no obligation to, accept from other brokers contracts commodity interest transactions executed by such brokers on an exchange for Customer and proposed to be “given "given-up” " to Xxxxxxxxxx Carr for clearance clearxxxx and/or carrying in the Account; (h) Carr, for and on behalf of Xxxxomer, is authorized and empowered to place orders for commodity interest transactions through one or more electronic or automated trading systems maintained or operated by or under the auspices of an exchange, that Carr shall not be liable or obligated to Customer for any loss, damage, liability, cost or expense (including but not limited to loss of profits, loss of use, incidental or consequential damages) incurred or sustained by Customer and arising in whole or in part, directly or indirectly, from any fault, delay, omission, inaccuracy or termination of a system or Carr's inability to enter, cancel or modify an order on behalf of Customer on or through a system. The provisions of this Section 16(h) shall apply regardless of whether any customer claim arises in contract, negligence, tort, strict liability, breach or fiduciary obligations or otherwise; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; Jand (i) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s 's Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx Carr in writing if any of the warranties and representations contained in this Section 15 becomes 16 become inaccurate or in any way ceases cease to be true, complete, complete and correct.

CUSTOMER REPRESENTATIONS, WARRANTIES AND AGREEMENTS. Customer represents and warrants to and agrees with Xxxxxxxxxx Xxxx that: A(a) Customer, if an individual, represents that he or she is of legal age Customer has full power and competence authority to enter into this Agreement and to engage in the transactions and perform its obligations hereunder and contemplated hereby, and: (1) If Customer is a corporation or partnership, Customer represents and warrants that transactions in Contracts as contemplated by this Agreement are appropriate for Customer and consistent with Customer’s investment objectives; B(a) Customer, if a legal entity, represents that it is duly organized, validly existing, organize and in good standing under the laws of the jurisdiction in which it is established and in every state in which it does business; (b) is empowered to enter into and perform this AgreementAgreement and to effectuate transactions in commodity interests, financial instruments and foreign currency as contemplated hereby; (c) that Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate any statute, rule, regulation, judgment or decree to establish which Customer is subject or bound; (d) that Customer has had a least one year's prior experience in effectuating transactions in commodity interests, financial instruments, and foreign currency as contemplated hereby; and (e) no person or entity has any interest in or control of the AccountAccount to which this Agreement pertains except as disclosed by Customer to Xxxx in writing. (2) If Customer is a trust, Customer represents and warrants that (a) it is a duly formed and existing trust under the laws of the state of its formation or such other laws as are applicable, including ERISA or similar state law, and the party or parties designated as trustee or trustees by Customer to Xxxx in writing submitted herewith constitute the only or all of the proper trustees thereof; (b) the trustee or trustees are empowered to enter into and perform this Agreement and to effectuate transactions in Contracts commodity interests, financial instruments, and foreign currency as contemplated hereby hereby; (c) the trustee or trustees make the representations set forth in Section 1 hereof as if the term trustee(s) were substituted for the term Customer therein; and that such transactions are suitable for Customer and do not violate (d) no person or entity has any interest in or control of Customer’s constituent documents. Customer further represents that the person executing Account to which this Agreement on its behalf has been duly and validly authorized pertains except as disclosed by Customer to do so;Xxxx in writing. C(b) Neither Customer nor any partner, director, officer, member, manager, manager or employee of Customer nor any affiliate of Customer is a partner, director, officer, member, manager, manager or employee of a futures commission merchant, broker-dealer, introducing broker, bank, broker- dealer, exchange or regulatory of self-regulatory organization or an employee or commissioner of the Commodity Futures Trading Commission (the "CFTC"), except as previously disclosed in writing to XxxxxxxxxxXxxx; D(c) except Any financial statements or other information furnished in connection therewith are true, correct and complete. Except as disclosed on the accompanying General Account Application or otherwise provided in writing, (i) Customer is not a commodity pool operator or is exempt from registration under CFTC rulesthe rules of the CFTC, and (ii) Customer is acting solely as principal and no one other than Customer has any interest in any Account of Customer. Customer agrees hereby authorizes Xxxx to notify Xxxxxxxxxx contact such banks, financial institutions and credit agencies as Xxxx shall deem appropriate for verification of the identity of any other person or entity that controls the trading of the Account, has a financial interest of 10% or more in the Account or the identity of any other account in which the Customer controls or has a 10% or greater ownership interest; E) If Customer’s account has been designated as a “hedge account”, and unless Customer notifies Xxxxxxxxxx to the contrary at the time it places an order with Xxxxxxxxxx, Customer represents that each such order will be a bona fide hedging transaction as defined in CFTC Regulation 1.3(z); F) Customer represents that it will maintain its Account in accordance with and shall be solely responsible for compliance with laws and with rules, regulations, and/or guidelines issued by federal, state, or administrative bodies having oversight or regulatory authority over its activities; Ginformation contained herein; (d) Customer has determined that trading in commodity interests is appropriate for Customer, is prudent in all respects and does not and will not violate Customer’s 's charter or by-laws (or other comparable governing document) or any law, rule, regulation, judgment, decree, order, order or agreement to which Customer or its property is subject or bound; H; (e) As required by CFTC regulations, Customer shall create, retain, retain and produce upon request of the applicable contract market, the CFTC or the United States Department of Justice other regulatory authority documents (such as contracts, confirmations, telex printouts, invoices, and invoices an documents of title) with respect to cash transactions underlying exchanges of futures for cash commodities or exchanges exchange of futures in connection with cash commodity transactions; I; (f) Absent a separate written agreement between Xxxxxxxx Customer consents to the electronic recording, at Xxxx'x discretion, of any or all telephone conversations with Xxxx (without automatic tone warning device); the use of same as evidence by either party in any action or proceeding arising out of the Agreement and Xxxxxxxxxx with respect to give-upsin Xxxx'x erasure, Xxxxxxxxxx, in at its discretion, may, but shall have no obligation to, accept from other brokers contracts executed by such brokers on an exchange of any recording as part of its regular procedure for Customer and proposed to be “given up” to Xxxxxxxxxx for clearance and/or carrying in the Account; if Xxxxxxxxxx does accept such Contracts, Customer authorizes Xxxxxxxxxx to pay and charge to Customer’s Account any give-up or give-in fee that may be charged by any exchange or clearing house or by executing firm or broker whom Customer or its agents have authorized to execute transactions for Customer’s Account; J) If Customer is subject to the Financial Institution Reform, Recovery and Enforcement Act handling of 1989, the certified resolutions set forth following this Agreement have been caused to be reflected in the minutes of Customer’s Board of Directors (or other comparable governing body) and this Agreement is and shall be, continuously from the date hereof, an official record of Customer; and K) The accompanying General Account Application (including any financial statements furnished in connection therewith) is true, correct, and complete. Customer agrees to promptly notify Xxxxxxxxxx in writing if any of the warranties and representations contained in this Section 15 becomes inaccurate or in any way ceases to be true, complete, and correct.recordings;