Common use of Liability of the Parties Clause in Contracts

Liability of the Parties. 12.1. Each Party undertakes to compensate direct losses of the other Party caused by its fault. The maximum amount of Client’s direct losses to be compensated by the Bank is limited to the amount paid by the Client to the Bank for the Services during the last calendar year. The Bank shall not otherwise be liable for any other losses suffered by the Client including losses arising from: a) negligence, wilful default, fraud or insolvency of any other person; b) the Bank carrying out or relying on any instructions or on any information provided or made available to the Bank by the Client, the custodian, any agent of the client or any person appointed by the Bank; c) change of the Portfolio strategy before the term of the investment horizon determined by the Client, premature withdrawal of Portfolio’s assets or termination of authorisations granted to the Bank by signing this Agreement prior to agreed time horizon; d) any delays due to market conditions or changes in market conditions; e) any delayed receipt, non-receipt, loss or corruption of any information contained in e-mail or for any breach of confidentiality resulting from e-mail communication or any consequential loss arising from either of the foregoing. 12.2. The Bank shall not be liable in any circumstances for any losses that constitute indirect, special or consequential loss, or loss of profits, opportunity, goodwill or reputation in connection with or arising out of this Agreement. 12.3. The Bank shall not be held liable for the Client’s actions or omission contradictory to the requirements set by the effective legislation or good market practice. 12.4. The Parties shall be released from the liability for the full or partial non-fulfilment of their obligations under this Agreement, if it is the result of force majeure circumstances, the effect of which has commenced after the date of this Agreement and which could be neither predicted nor eliminated by the Parties. Such force majeure circumstances are: natural disasters, emergencies, catastrophes, epidemics, warfare, internal rebellions, blockades, actions of the authorities and managing institutions prohibiting or making impossible the performance of this Agreement. In case of the occurrence of force majeure the performance of the Parties’ obligations shall be suspended until the above circumstances cease to exist. 12.5. The Client clearly understands that by providing the Services the Bank will make maximum efforts to achieve a result favourable to the Client, however nothing in this Agreement may be considered to be a guarantee or confirmation that by managing the Portfolio the Bank will ensure a certain return, therefore the Bank cannot be considered to be committed to pay or compensate any amounts to the Client corresponding the Client’s expectations about the return or yield. The Client shall assume the risk to incur losses and the Bank may not be considered to be responsible for any of the Client’s losses or damage incurred due to the Bank’s actions or omission in line with the provisions of the Agreement and the Client may not claim compensation of the said losses from the Bank. The Bank shall also not give any guarantees and the Client shall assume the risk related to the financial condition and ability to meet the obligations by the issuer of the financial instruments that constitute the Portfolio. These provisions shall not be applicable in case the Client incurs losses because the Bank in the provision of the Services intentionally or through gross negligence acted against the Client’s interests.

Liability of the Parties. 12.1. Each 11.1 The Party undertakes to compensate direct losses is liable for the breach of the other Party Client Agreement, and/or the Transactions concluded thereunder pursuant to and to the extent provided in the Client Agreement and legal acts. 11.2 The Bank is not liable for: 11.2.1 any violation of the Client Agreement, if this has been caused by its fault. The maximum amount suspension of Client’s direct losses to be compensated by or hindering of the Bank is limited to the amount paid by the Client to the Bank for the Services during the last calendar year. The Bank shall not otherwise be liable for any other losses suffered by the Client including losses arising from: a) negligence, wilful default, fraud or insolvency activities of any other person; b) the Bank carrying out or relying on any instructions or on any information provided or made available to the Bank by third parties, force majeure, a Correction Event, an Index Unavailability, activities of Competent Authorities, or other circumstances beyond the Client, the custodian, any agent control of the client or any person appointed by the Bank; c) change 11.2.2 any damage caused to the Client through execution, receipt, or transmission of the Portfolio strategy before the term Order or rejection of the investment horizon determined Order; 11.2.3 services provided and information forwarded by third parties with the Bank’s mediation, unless this constitutes outsourcing of Service-related activities by the Client, premature withdrawal of Portfolio’s assets or termination of authorisations granted to the Bank by signing this Agreement prior to agreed time horizon; d) any delays due to market conditions or changes in market conditions; e) any delayed receipt, non-receipt, loss or corruption of any information contained in e-mail or for any breach of confidentiality resulting from e-mail communication or any consequential loss arising from either of the foregoing. 12.2Bank. The Bank shall is not be liable in any circumstances for any losses that constitute indirectdamage caused by the actions of third parties or their failure to act, special or consequential lossinsolvency, or loss for the violation of profitsthe Transaction mediated to the Client on the basis of the Order by a third party, opportunitywho serves as a counterparty to such a Transaction. In the event of such a violation, goodwill or reputation the Bank shall reasonably do all in its power to assist the Client in the application of legal remedies and remedying the damage, presuming that the Client compensates the Bank for all the expenses incurred with such activity. 11.3 he Client shall reimburse the Bank any costs and damages which the Bank incurs as a result of third party claims in connection with or arising out of this Agreement. 12.3. The Bank shall not be held liable for the Client’s actions or omission contradictory to the requirements set by the effective legislation or good market practice. 12.4. The Parties shall be released from the liability for the full or partial non-fulfilment of their obligations under this Agreement, if it is the result of force majeure circumstances, the effect of which has commenced after the date of this Agreement and which could be neither predicted nor eliminated by the Parties. Such force majeure circumstances are: natural disasters, emergencies, catastrophes, epidemics, warfare, internal rebellions, blockades, actions of the authorities and managing institutions prohibiting or making impossible the performance of this Agreement. In case of the occurrence of force majeure the performance of the Parties’ obligations shall be suspended until the above circumstances cease to exist. 12.5. The Client clearly understands that by providing the Services the Bank will make maximum efforts to achieve a result favourable to the Clientprovided, however nothing in this Agreement may be considered to be a guarantee or confirmation that by managing the Portfolio the Bank will ensure a certain return, therefore the Bank cannot be considered to be committed to pay or compensate unless any amounts to the Client corresponding the Client’s expectations about the return or yield. The Client shall assume the risk to incur losses and the Bank may not be considered to be responsible for any of the Client’s losses or damage incurred such claim has been caused due to the Bank’s actions or omission negligence in line with providing the provisions of Services. 11.4 All rights arising from the Agreement Client’s assets held on a Nominee Account / on Nominee Accounts belong to the Client and the Client may not claim compensation is also responsible for the fulfilment of the said losses any obligations arising from the Banksuch assets. The Bank shall also not give any guarantees and the Client shall assume the risk related to the financial condition and ability to meet the obligations by the issuer of the financial instruments that constitute the Portfolio. These provisions shall not be applicable in case the Client incurs losses because the Bank in the provision of the Services intentionally or through gross negligence acted against If the Client’s interestscorresponding obligation is collected at the expense of the assets of the Bank or the assets of other clients of the Bank, which are held in the name of the Bank, the Bank has the right to seek immediately reimbursement of such assets from the Client and debit the Client’s account respectively. 11.5 In case of delays in the fulfilment of the payment obligation arising from the Service, the Party who delays the payment shall pay the other Party a non-accumulative late payment interest in the amount of 0.1% of the delayed payment amount for each day of the delay.

Liability of the Parties. 12.1. Each Party undertakes to compensate direct losses of the other Party caused by its fault. The maximum amount of Client’s direct losses to be compensated by the Bank is limited to the amount paid by the Client to the Bank for the Services during the last calendar year. 7.1 The Bank shall not otherwise be liable for any other losses suffered by the Client including losses arising fromfor: a) negligence, wilful default, fraud 7.1.1 Disregarded or insolvency of any other person; b) the Bank carrying out or relying on any instructions or on any information provided or made available to the Bank by the Client, the custodian, any agent of the client or any person appointed incompletely fulfilled orders received by the Bank; c) change 7.1.2 Transactions performed against the will of the Portfolio strategy before Account Holder, except in case the term Cardholder or the Account Holder bears the risk of theft or loss of the investment horizon determined Card or the risk of the PIN and other personalised security elements falling into the possession of third parties or if the Cardholder or the Account Holder was intentionally or due to gross negligence in breach of an obligation set forth in the Agreement; 7.1.3 Any malfunction or disturbance in maintaining the Account or the Card Account; 7.2 Upon occurrence of the circumstances for which the Bank is held liable pursuant to Clause 7.1, it shall compensate to the Account Holder for any damage caused as a result of disregarded or incompletely fulfilled order, possible interest and in the case of a Transaction performed against the will of the Account Holder, restore the Account or Card Account balance in the amount valid before carrying out the Transaction. 7.3 The Account Holder shall be liable for all Card Transactions, except if rendered otherwise by the ClientAgreement or provisions of law. 7.4 If there are insufficient funds on the Account for deducting the Mandatory Repayment Amount and/or the interest and/or the commission fees, premature withdrawal of Portfolio’s assets or termination of authorisations granted if the Transactions made by the Cardholder exceed the Credit Limit or the Monthly Limit, the Bank shall be entitled to: 7.4.1 Deduct the outstanding amount from any account belonging to the Bank by signing this Agreement prior to agreed time horizonAccount Holder at the Bank; d) any delays due to market conditions or changes 7.4.2 Demand a late penalty of 0.2% from the Account Holder, who is a legal person, on the outstanding amount per day in market conditionsdelay; e) any delayed receipt7.4.3 Demand a late penalty from the Account holder, non-receiptwho is a consumer, loss or corruption of any information contained on the outstanding amount per day in e-mail or for any breach of confidentiality resulting from e-mail communication or any consequential loss arising from either delay pursuant to the rate as established in law; 7.4.4 Unilaterally realise the security of the foregoingAgreement for covering the debt. 12.2. 7.5 The Bank shall not be liable in entitled at any circumstances for time to deduct penalties and fines from any losses that constitute indirect, special or consequential loss, or loss accounts of profits, opportunity, goodwill or reputation in connection with or arising out the Account Holder at the Bank to the extent of this Agreementcollectible principal debt. 12.3. The Bank shall not be held liable for the Client’s actions or omission contradictory to the requirements set by the effective legislation or good market practice. 12.4. The Parties shall be released from the liability for the full or partial non-fulfilment of their obligations under this Agreement, if it is the result of force majeure circumstances, the effect of which has commenced after the date of this Agreement and which could be neither predicted nor eliminated by the Parties. Such force majeure circumstances are: natural disasters, emergencies, catastrophes, epidemics, warfare, internal rebellions, blockades, actions of the authorities and managing institutions prohibiting or making impossible the performance of this Agreement. In case of the occurrence of force majeure the performance of the Parties’ obligations shall be suspended until the above circumstances cease to exist. 12.5. The Client clearly understands that by providing the Services 7.6 If the Bank will make maximum efforts to achieve a result favourable to the Client, however nothing in this Agreement may be considered to be a guarantee or confirmation that by managing the Portfolio the Bank will ensure a certain return, therefore the Bank cannot be considered to be committed to pay or compensate any amounts to the Client corresponding the Client’s expectations about the return or yield. The Client shall assume the risk to incur losses and the Bank may not be considered to be responsible for any of Account Holder have concluded a security agreement guaranteeing the Client’s losses or damage incurred due to the Bank’s actions or omission in line with the provisions fulfilment of the Agreement and enabling immediate compulsory execution, the Client may not claim compensation Account Holder shall be subject to immediate execution for fulfilment of the said losses from the Bank. The Bank shall also not give any guarantees and the Client shall assume the risk related to the financial condition and ability to meet the obligations by the issuer ’s monetary claims arising out of the financial instruments that constitute the Portfolio. These provisions shall not be applicable Agreement in case the Client incurs losses because the Bank order as provided in the provision Code of the Services intentionally or through gross negligence acted against the Client’s interestsEnforcement Procedure.

Liability of the Parties. 12.1. Each Party undertakes to compensate direct losses of the other Party caused by its fault7.1. The maximum amount of Client’s direct losses to be compensated by the Bank is limited to the amount paid by the Client to the Bank for the Services during the last calendar year. The Bank Parties shall not otherwise be liable for any other losses suffered a failure to comply or improper compliance with the terms and conditions of this Agreement in accordance with the procedure established by the Client including losses arising from: a) negligence, wilful default, fraud or insolvency of any other person; b) the Bank carrying out or relying on any instructions or on any information provided or made available to the Bank by the Client, the custodian, any agent this Agreement and current legislation of the client or any person appointed by the Bank; c) change of the Portfolio strategy before the term of the investment horizon determined by the Client, premature withdrawal of Portfolio’s assets or termination of authorisations granted to the Bank by signing this Agreement prior to agreed time horizon; d) any delays due to market conditions or changes in market conditions; e) any delayed receipt, non-receipt, loss or corruption of any information contained in e-mail or for any breach of confidentiality resulting from e-mail communication or any consequential loss arising from either of the foregoingRussian Federation. 12.27.2. The Bank shall not be liable in any circumstances for any losses that constitute indirect, special or consequential loss, or loss of profits, opportunity, goodwill or reputation in connection with or arising out of this Agreement. 12.3. The Bank Parties shall not be held liable for a failure to fulfil their obligations under this Agreement if such failure results from the Client’s actions or omission contradictory to events of insuperable force (“force majeure”), i.e., extraordinary and unavoidable circumstances in the requirements set given conditions, including riots, prohibitive acts of government agencies, fires, acts of God, disasters and other circumstances recognised as such by the effective legislation or good market practiceChamber of Commerce and Industry of the region of the respective Party. 12.47.3. The Parties shall be released from obliged notify each other in a written form by e-mail about existence of the liability for the full or partial non-fulfilment of their obligations under this Agreement, if it is the result of force majeure circumstances, the effect of which has commenced after circumstances within 7 (Seven) calendar days from the date of this Agreement and which could be neither predicted nor eliminated by their occurrence. 7.4. If the Parties. Such occurrence of the force majeure circumstances are: natural disasters, emergencies, catastrophes, epidemics, warfare, internal rebellions, blockades, actions of has directly influenced on the authorities and managing institutions prohibiting or making impossible the performance of this Agreement. In case of the occurrence of force majeure the performance fulfilment of the Parties’ obligations within the period established in the Service Agreement then such period shall be suspended until prolonged for a period proportional to the above circumstances cease to existperiod of existence of such circumstances. 12.57.5. The Client clearly understands that by providing the Services the Bank will make maximum efforts to achieve a result favourable to the Client, however nothing in this Agreement may be considered to be a guarantee or confirmation that by managing the Portfolio the Bank will ensure a certain return, therefore the Bank cannot be considered to be committed to pay or compensate any amounts to the Client corresponding the Client’s expectations about the return or yield. The Client shall assume the risk to incur losses and the Bank may not be considered to be responsible for any None of the Client’s losses or damage incurred due to the Bank’s actions or omission in line with the provisions of the Agreement Offer shall exclude or restrict the Parties’ liability for wilful incompliance with its terms and conditions, fraud and deliberately false representations and/or warrants, or unlawful use of the Confidential Information. 7.6. The Contractor shall not be liable to the Customer for the completeness and accuracy of the data provided. The provided data shall not serve as a basis for making decisions, but have exclusively informational (reference) nature. The Customer shall assume liability, and the Client may Contractor shall not claim compensation be held liable, for any decision of the said losses Customer which is based on the data received from the BankWebsite of the Contractor as well as for all consequences of the decisions made by the Customer. 7.7. The Bank shall also not give any guarantees and the Client Customer shall assume liability for any claim of the risk third parties related to the financial condition receipt, processing and ability to meet use of information obtained in the obligations by course of data processing on the issuer Website of the financial instruments that constitute the PortfolioContractor. 7.8. These provisions The Contractor shall not be applicable labile under this Agreement in case any circumstances for: a) any actions/omission resulting directly or indirectly from the Client incurs actions/omission on the part of the Customer and/or third parties; b) any indirect losses because and/or lost benefit of the Bank Customer and/or third parties irrespective of whether the Contractor can foresee a possibility of such losses or not; c) use (impossibility to use) and any consequences of the use (impossibility to use) by the Customer of the chosen option of payment for the Services under this Agreement as well as the use / impossibility to use by the Customer and/or third parties of any other means and/or methods of transfer/receipt of information. 7.9. The aggregate amount of the Contractor’s liability, including the amount of penalties (forfeits, fines) and/or damages to be repaired under any lawsuit or claim in regard to this Agreement or its performance shall be limited by 10% (Ten percent) of the cost of Information Services according to the tariffs. 7.10. The Customer shall bear full liability for: a) compliance with all requirements of the legislation, content and filling-in of the forms of the service instruments the access to which is given on the Website xxxxx://xxx-xxxx.xx; b) reliability of the details specified by him/her upon registration as the Customer and reliability of the representations and warranties of the Customer contained in the provision Offer. 7.11. In the event that the Customer fails to comply with the terms and conditions of this Agreement the Contractor shall have a right to suspend rendering the Information Services intentionally or through gross negligence acted against until the ClientCustomer has eliminated such incompliances and reimburse (compensate) in full the losses inflicted on the service thereby and/or terminate this Agreement by sending a notice the Customer’s interestselectronic address specified upon registration. Upon termination of this Agreement on the above-mentioned ground the Contractor shall have a right to collect from the Customer by way of deduction the amounts of forfeits and losses charged in accordance with this Agreement.

Liability of the Parties. 12.17.1. Each The Parties shall bear liability for failure to fulfill or improper fulfillment of their respective obligations under the present Agreement in accordance with the present Agreement and Order Forms hereto, and in the part not covered by present Agreement and Order Forms hereto – in accordance with the applicable law. 7.2. The Company is entitled to suspend the Service (to block the Account) in case of breach of payment terms stipulated by the present Agreement and Order Forms hereto by more than five (5) running days. For this purpose, blocking the account does not imply termination of the present Agreement and Order Forms hereto. For the term of blocking the account the Fee shall accrue during subsequent twenty (20) running days after the blocking. Payment of the Fee within these 20 running days does not entail recalculation of the paid period but shall be deemed compensation for late payment. 7.3. In case any of the Parties breaches the term for performing its obligations as provided by the present Agreement, the Party in breach shall pay the other Party, upon such other Party’s written request, a penalty in the amount of zero point one per cent (0.1%) of the amount of non-performed obligations for each day in arrears, but not exceeding ten per cent (10%) of the amount of non-performed obligations. Payment of such penalty does not release the Parties of their obligations provided by the present Agreement and Order Forms hereto. 7.4. In case a breach of law is revealed and upon issuance of relevant orders by law enforcement bodies or other authorized state bodies and officials, the Company reserves the right to suspend the Client’s access to the Service by sending the Client a written notification of the found violations with a demand to remedy such violations. In case the Client fails to remedy the violations within the term stipulated in the notification, the Company shall be entitled to delete the Client’s Account without recalculation of the Company’s Fee and without compensating the Client for any losses. 7.5. In case of using the Service the Client commits breach of any provision of the present Agreement and/or the applicable law, the Company shall be entitled to unilaterally suspend the access to the Service without recourse to court proceedings until the Client remedies such breach, or to terminate the present Agreement by sending the Client a written notification thereof, effective from the date stipulated in such notification, without recalculation of the Company’s Fee and without compensating the Client for any losses. 7.6. The Company undertakes to compensate direct losses for losses, protect the interests, and indemnify the Client in respect of all penalties imposed by a court resolution, court decision, or court settlement, in case any Third-Party claims that using the Service infringes upon its patent rights, copyright, or right to a trademark, or entails unauthorized acquisition of its trade secret in any jurisdiction where the Service is registered. 7.7. The Client shall bear liability for any breach of law, including data protection laws, and for infringement of the Third- Parties’ rights, in case the Client or its Users when using the Service commit a breach of personal data protection requirements, copyright or associated intellectual property rights, commit unauthorized use of trade marks, commercial names, or other Party caused by means of individualization. In case the Company receives claims, demands, and/or orders to pay penalty from state bodies and/or Third-Parties in relation to improper use of the Service, the Client shall, using its faultown resources and at its own expense, settle the abovementioned claims or, in case such claims cannot be settled, shall reimburse the Company for losses incurred in connection therewith. 7.8. The maximum amount of Client’s direct losses to Client shall be compensated by responsible for all information or other materials (including data files, texts, and other files and images) obtained using the Bank is limited to the amount paid by Service, that the Client or its users provide to Third-Parties, and for all consequences of using the Bank for the Services during the last calendar year. The Bank shall not otherwise Service(including any losses that may be liable for any other losses suffered by the Client including losses arising from: a) negligence, wilful default, fraud or insolvency of any other person; b) the Bank carrying out or relying on any instructions or on any information provided or made available to the Bank incurred by the Client, the custodianCompany, or Third-Parties). 7.9. Personal Data protection: Client will not: (a) knowingly display, distribute, or otherwise make data collected via the YouScan Platform available to any agent person or entity that it reasonably believes may use such data in a manner that would have the potential to be inconsistent with that individual’s reasonable expectations of privacy; (b) conduct any research or analysis that isolates a small group of individuals or any single individual for unlawful or discriminatory purposes; (c) use data collected via the YouScan Platform to target, segment, or profile any individual based on health, negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, data relating to any alleged or actual commission of a crime, or any other sensitive categories of personal information prohibited by applicable law; or (d) without YouScan’s prior written consent, but subject to applicable law, display, distribute, or otherwise make data collected via the YouScan Platform available to any member of the client intelligence community or any person appointed by the Bank; c) change of the Portfolio strategy before the term of the investment horizon determined by the Client, premature withdrawal of Portfolio’s assets other government or termination of authorisations granted to the Bank by signing this Agreement prior to agreed time horizon; d) any delays due to market conditions or changes in market conditions; e) any delayed receipt, nonpublic-receipt, loss or corruption of any information contained in e-mail or for any breach of confidentiality resulting from e-mail communication or any consequential loss arising from either of the foregoingsector entity. 12.2. The Bank shall not be liable in any circumstances for any losses that constitute indirect, special or consequential loss, or loss of profits, opportunity, goodwill or reputation in connection with or arising out of this Agreement. 12.3. The Bank shall not be held liable for the Client’s actions or omission contradictory to the requirements set by the effective legislation or good market practice. 12.4. The Parties shall be released from the liability for the full or partial non-fulfilment of their obligations under this Agreement, if it is the result of force majeure circumstances, the effect of which has commenced after the date of this Agreement and which could be neither predicted nor eliminated by the Parties. Such force majeure circumstances are: natural disasters, emergencies, catastrophes, epidemics, warfare, internal rebellions, blockades, actions of the authorities and managing institutions prohibiting or making impossible the performance of this Agreement. In case of the occurrence of force majeure the performance of the Parties’ obligations shall be suspended until the above circumstances cease to exist. 12.5. The Client clearly understands that by providing the Services the Bank will make maximum efforts to achieve a result favourable to the Client, however nothing in this Agreement may be considered to be a guarantee or confirmation that by managing the Portfolio the Bank will ensure a certain return, therefore the Bank cannot be considered to be committed to pay or compensate any amounts to the Client corresponding the Client’s expectations about the return or yield. The Client shall assume the risk to incur losses and the Bank may not be considered to be responsible for any of the Client’s losses or damage incurred due to the Bank’s actions or omission in line with the provisions of the Agreement and the Client may not claim compensation of the said losses from the Bank. The Bank shall also not give any guarantees and the Client shall assume the risk related to the financial condition and ability to meet the obligations by the issuer of the financial instruments that constitute the Portfolio. These provisions shall not be applicable in case the Client incurs losses because the Bank in the provision of the Services intentionally or through gross negligence acted against the Client’s interests.

Liability of the Parties. 12.1. Each Party undertakes to compensate direct losses of the other Party caused by its fault. The maximum amount of Client’s direct losses to be compensated by the Bank is limited to the amount paid by the Client to the Bank for the Services during the last calendar year. The Bank shall not otherwise be liable for any other losses suffered by the Client including losses arising from: a) negligence, wilful default, fraud or insolvency of any other person; b) the Bank carrying out or relying on any instructions or on any information provided or made available to the Bank by the Client, the custodian, any agent of the client or any person appointed by the Bank; c) change of the Portfolio strategy before the term of the investment horizon determined by the Client, premature withdrawal of Portfolio’s assets or termination of authorisations granted to the Bank by signing this Agreement prior to agreed time horizon; d) any delays due to market conditions or changes in market conditions; e) any delayed receipt, non-receipt, loss or corruption of any information contained in e-mail or for any breach of confidentiality resulting from e-mail communication or any consequential loss arising from either of the foregoing. 12.2. The Bank shall not be liable in any circumstances for any losses that constitute indirect, special or consequential loss, or loss of profits, opportunity, goodwill or reputation in connection with or arising out of this Agreement. 12.3. The Bank shall not be held liable for the Client’s actions or omission contradictory to the requirements set by the effective legislation or good market practice. 12.44.1. The Parties shall be released from liable in accordance with the liability applicable legislation of the Russian Federation and the provisions of the Agreement. 4.2. Penalties for violations at the full Circuit and/or on the Track are established by the Regulations, which the Client must read before the Services are provided. The specified penalties shall be payable by the Client in the event of the relevant violations without any certificate being drawn up. The penalty shall be paid by the Client based on the Contractor’s written claim within 10 (ten) calendar days of the receipt thereof. 4.3. In case there is any damage to Assets belonging to the Contractor or partial non-fulfilment that are legally used by the Contractor or by the Contractor’s Personnel, in order to confirm the fact of their obligations under this Agreement, if it is the result of force majeure circumstancesits infliction, the effect Contractor shall notify the Client that it has to participate in the work of which has commenced after the committee and the drawing up of a Snag List, and this notification shall contain the date and time of this Agreement and which could be neither predicted nor eliminated by the Parties. Such force majeure circumstances are: natural disasters, emergencies, catastrophes, epidemics, warfare, internal rebellions, blockades, actions arrival of a representative of the authorities Client. Based on the results of the committee’s work, the Snag List shall be drawn up and managing institutions prohibiting or making impossible the performance of this Agreementsigned by both Parties. In case of a no-show or should the occurrence of force majeure Client refuse to sign the performance Snag List specified in this clause, the Contractor shall have the right to draw up this List unilaterally, and the no-show or the refusal of the Parties’ obligations Client to sign the List shall be suspended until noted in this List. Failure of the above circumstances cease Client or its representative to exist. 12.5participate in the work of the committee means the Customer’s unconditional consent to the established defects and the cost estimate/calculation prepared on its basis for the restoration of the damaged and/or destroyed facility and/or equipment (hereinafter the “Estimate/Calculation”) made by the Contractor and deprives the Client of the right to challenge them. After the Snag List is signed in the manner established by the Agreement, the Contractor shall prepare the Estimate/Calculation, which shall be signed by both Parties. In case the Client refuses to sign the Estimate/Calculation, a corresponding note shall be made in it specifying the reasons for the refusal. The Client clearly understands that by providing Client’s refusal to sign the Services the Bank will make maximum efforts to achieve a result favourable to the Client, however nothing in this Agreement may be considered to be a guarantee or confirmation that by managing the Portfolio the Bank will ensure a certain return, therefore the Bank cannot be considered to be committed to pay or compensate Estimate/Calculation without any amounts to the Client corresponding sufficient reasons shall mean the Client’s expectations about unconditional consent to the return or yieldfound defects and the Estimate/Calculation and deprives the Client of the right to challenge them. The reasons allowing to prove the inaccuracy of the Estimate/Calculation in accordance with the legislation of the Russian Federation shall be considered sufficient. If the Client finds out that there is damage to the facilities and equipment, as well as to the assets of the Contractor, the Client shall compensate such damage to the Contractor in full. The Client shall assume pay for the risk to incur losses and the Bank may not be considered to be responsible for any damage caused within 5 (five) banking days of the Client’s losses or damage incurred due to the Bank’s actions or omission in line with the provisions date of receipt of the Agreement and invoice based on the Client may not claim compensation of the said losses from the Bank. The Bank shall also not give any guarantees and the Client shall assume the risk related to the financial condition and ability to meet the obligations by the issuer of the financial instruments that constitute the Portfolio. These provisions shall not be applicable in case the Client incurs losses because the Bank in the provision of the Services intentionally or through gross negligence acted against the Client’s interestsEstimate/Calculation.

Liability of the Parties. 12.17.1. Each Party undertakes to compensate direct losses The Parties of the other Party caused by its faultContract shall be liable in compliance with the requirements of the Contract, and in cases not regulated thereby – in compliance with the statutory regulations of the Republic of Kazakhstan. 7.2. The maximum amount of Client’s direct losses Parties shall be exempt from liability for partial or complete failure to be compensated perform their obligations resulting from force majeure occurring after accession to the Contract due to the unforeseeable and unavoidable emergency circumstances, such as: war and military action, natural and other disasters occurring in the regions officially recognized as such, actions by the legislative and/or executive authorities of the Republic of Kazakhstan or the National Bank is limited of the Republic of Kazakhstan prohibiting or limiting the activities directly related to the amount paid by subject of the Client Contract, due to which it may become impossible to perform obligations under the Contract in a timely manner, unserviceability, malfunction and errors in performance of RBSS/other remote access systems, damage to the Bank for communication lines ensuring operation of RBSS/other remote access systems and other circumstances outside of the Services during the last calendar yearParties’ control. 7.3. The Bank shall compensate to the Customer any losses related to the unauthorized payments performed after the Bank had received, accordance with the notification terms of the Contract, a notification from the Customer to that effect or informing of the loss/theft of the card, in the amount not otherwise exceeding the amount of the unauthorized card transaction, factoring in the Bank fee for performance of the card transaction, by returning it to the Customer in a manner allowed by the law of the Republic of Kazakhstan, except for the cases specified by the Contract. 7.4. The Bank shall be liable for any other losses suffered the payments performed using the card not detailing its period of validity, provided such payment has been performed before the start of its period of validity or after its expiration. 7.5. The Bank shall be liable for disclosure of a bank secret, except for the cases specified by the Client including losses arising from: a) negligence, wilful default, fraud or insolvency of any other person; b) Contract and the Bank carrying out or relying on any instructions or on any information provided or made available to the Bank by the Client, the custodian, any agent law of the client or any person appointed by the Bank; c) change Republic of the Portfolio strategy before the term of the investment horizon determined by the Client, premature withdrawal of Portfolio’s assets or termination of authorisations granted to the Bank by signing this Agreement prior to agreed time horizon; d) any delays due to market conditions or changes in market conditions; e) any delayed receipt, non-receipt, loss or corruption of any information contained in e-mail or for any breach of confidentiality resulting from e-mail communication or any consequential loss arising from either of the foregoingKazakhstan. 12.27.6. The Bank shall not be liable in any circumstances for any losses that constitute indirectfor: 1) actions and/or inaction of the third parties preventing the Bank from complying with the terms of the Contract, special or consequential loss, or loss provided the Bank has made all required efforts to comply with the terms of profits, opportunity, goodwill or reputation in connection with or arising out the Contract; 2) refusal of this Agreement. 12.3. The Bank shall not be held liable the third party to provide services for the Client’s actions or omission contradictory card, including absence of ability to perform transactions using a Token; 3) quality of goods, works and services purchased using the requirements set by the effective legislation or good market practice.card; 12.4. The Parties shall be released from the liability for the full or partial non-fulfilment of their obligations under this Agreement4) limits, if it is the result of force majeure circumstances, the effect of which has commenced after the date of this Agreement and which could be neither predicted nor eliminated by the Parties. Such force majeure circumstances are: natural disasters, emergencies, catastrophes, epidemics, warfare, internal rebellions, blockades, actions of the authorities and managing institutions prohibiting or making impossible the performance of this Agreement. In case of the occurrence of force majeure the performance of the Parties’ obligations shall be suspended until the above circumstances cease to exist. 12.5. The Client clearly understands that by providing the Services the Bank will make maximum efforts to achieve a result favourable to the Client, however nothing in this Agreement may be considered to be a guarantee or confirmation that by managing the Portfolio the Bank will ensure a certain return, therefore the Bank cannot be considered to be committed to pay or compensate any amounts to the Client corresponding the Client’s expectations about the return or yield. The Client shall assume the risk to incur losses and the Bank may not be considered to be responsible for any of the Client’s losses or damage incurred due to the Bank’s actions or omission in line with the provisions of the Agreement and the Client may not claim compensation of the said losses from the Bank. The Bank shall also not give any guarantees and the Client shall assume the risk restrictions and/or additional interest related to the financial condition and ability to meet the obligations card, established by the issuer of third parties, which may affect the financial instruments that constitute the Portfolio. These provisions shall not be applicable in case the Client incurs losses because the Bank in the provision of the Services intentionally or through gross negligence acted against the ClientCustomer’s interests.; 5) resolution of any disputes and disagreements between the Customer and the holder of an additional card;

Liability of the Parties. 12.1. Each 11.1 The Party undertakes to compensate direct losses shall be liable for the breach of the other Party caused by its fault. The maximum amount of Client’s direct losses Client Agreement, and/or the Transactions concluded thereunder pursuant to be compensated by the Bank is limited and to the amount paid by extent provided in the Client to the Bank for the Services during the last calendar year. Agreement and legal acts. 11.2 The Bank shall not otherwise be liable for any other losses suffered by for: 11.2.1 violation of the Client including losses arising from: a) negligenceAgreement, wilful default, fraud if this has been caused by suspension of or insolvency hindering of any other person; b) the Bank carrying out or relying on any instructions or on any information provided or made available to activities of the Bank by third parties, force majeure, Correction Event, activities of Competent Authorities or other circumstances beyond the Client, the custodian, any agent control of the client or any person appointed by the Bank; c) change 11.2.2 any damage caused to the Client through execution, receipt or transmission of the Portfolio strategy before the term Order or rejection of the investment horizon determined Order; FR8308 11.2.3 services provided and information forwarded by third parties with the Bank’s mediation, unless this constitutes outsourcing of Service-related activities by the Client, premature withdrawal of Portfolio’s assets or termination of authorisations granted to the Bank by signing this Agreement prior to agreed time horizon; d) any delays due to market conditions or changes in market conditions; e) any delayed receipt, non-receipt, loss or corruption of any information contained in e-mail or for any breach of confidentiality resulting from e-mail communication or any consequential loss arising from either of the foregoing. 12.2Bank. The Bank shall not be liable in any circumstances for any losses that constitute indirectdamage caused by the actions of third parties or their failure to act, special or consequential lossinsolvency, or loss for violation of profitsthe Transaction mediated to the Client on the basis of the Order by a third party, opportunitywho serves as a counterparty AS SEB Pank Tornimäe 2, goodwill or reputation 15010 Phone 000 0000 E-mail xxxx@xxx.xx Supervisory authority: Financial Supervision Authority Xxxxxx 0, 00000 Xxxxxxx Phone 000 0000 E-mail xxxx@xx.xx 10 to such a Transaction. In the event of such a violation, the Bank shall reasonably do all in his power to assist the Client in the application of legal remedies and remedying the damage, presuming that the Client compensates the Bank for all the expenses incurred with such activity.‌ 11.3 The Client shall reimburse the Bank any costs and damages, which the Bank incurs as a result of third party claims in connection with or arising out of this Agreementthe Services provided, unless any such claim has been caused due to Bank’s negligence in providing the Services. 12.3. The Bank shall not be held liable for 11.4 All rights arising from the Client’s actions or omission contradictory assets held on Nominee Account(s) belong to the requirements set by Client and the effective legislation Client is also be responsible for the fulfilment of any obligations arising from such assets. If the Client’s corresponding obligation is collected at the expense of the assets of the Bank or good market practicethe assets of other clients of the Bank, which are held in the name of the Bank, the Bank shall have the right to seek immediately reimbursement of such assets from the Client and debit the Client’s account respectively. 12.4. The Parties shall be released from the liability for the full or partial non-fulfilment of their obligations under this Agreement, if it is the result of force majeure circumstances, the effect of which has commenced after the date of this Agreement and which could be neither predicted nor eliminated by the Parties. Such force majeure circumstances are: natural disasters, emergencies, catastrophes, epidemics, warfare, internal rebellions, blockades, actions of the authorities and managing institutions prohibiting or making impossible the performance of this Agreement. 11.5 In case of delays in the occurrence of force majeure the performance fulfilment of the Parties’ obligations payment obligation arising from the Service, the Party who delays payment shall be suspended until pay the above circumstances cease to exist. 12.5. The Client clearly understands that by providing other Party a non-accumulative fine for delay in the Services the Bank will make maximum efforts to achieve a result favourable to the Client, however nothing in this Agreement may be considered to be a guarantee or confirmation that by managing the Portfolio the Bank will ensure a certain return, therefore the Bank cannot be considered to be committed to pay or compensate any amounts to the Client corresponding the Client’s expectations about the return or yield. The Client shall assume the risk to incur losses and the Bank may not be considered to be responsible for any amount of 0.1% of the Client’s losses or damage incurred due to the Bank’s actions or omission in line with the provisions delayed payment amount for each day of the Agreement and the Client may not claim compensation of the said losses from the Bank. The Bank shall also not give any guarantees and the Client shall assume the risk related to the financial condition and ability to meet the obligations by the issuer of the financial instruments that constitute the Portfolio. These provisions shall not be applicable in case the Client incurs losses because the Bank in the provision of the Services intentionally or through gross negligence acted against the Client’s interestsdelay.