Common use of Other Obligations. The Customer Clause in Contracts

Other Obligations. The Customer. Without a prior written consent of the Bank: The Customer, as a legal entity or other organizational formation which is not a legal entity, shall not allow for the change of main sphere of activities, reorganization (transformation, merger, split) or liquidation; Shall not allow use of his/her/its assets/property or its/their part as a collateral and/or other encumbrance in favor of any Third party which will pose threat to the fulfillment of conditions of the Agreement; Shall not dispose of his/her/its own assets/property (or its/their portion) in any form and/or acquire any Third party’s any assets/property and/or their portion, except the cases when such actions are exercised in the scope of regular activities of the Customer; Shall not make investments, assume any liabilities and/or render expenses, including capital expenditures, except the cases when making such investments and/or expenses or assuming liabilities correspond with the purpose of the Credit and/or other bank products issued under the Agreement, and/or when they are exercised in the scope of regular activities of the Customer; Shall not take any additional balanced or off-balanced credits, loans and/or similar liabilities; The Customer may only issue dividends if the Customer is not in breach of the Agreement and/or any other agreement and/or other covenants related to financial liabilities executed with the Bank, and/or no threat of such breach arises due to issuing dividends; Shall maintain his/her/its financial reporting and financial reporting of its Subsidiaries following the rules and procedures set forth by the effective Legislation and in cases requested by the Bank (a) such reporting shall comply with the International Financial Reporting Standards; and (b) financial reports should be audited by the auditor/audit company acceptable to the Bank; Shall use only the Bank products and/or services, including, shall have/make 100 (one hundred) per cent of money turnovers and balance on bank account(s) only through the Bank; Shall ensure observance of the obligations assumed under the Agreement and/or other conditions. Responsibilities of the Parties The Parties undertake to compensate each other for damage (loss) incurred due to full or partial non-fulfillment or improper fulfillment of the Agreement. Compensation of damage (loss) does not exempt the Parties from fulfillment/payment of liabilities assumed under the Agreement. Furthermore, the Customer shall be held responsible for any damage (loss) inflicted to the Bank as a result of full or partial non-fulfillment or undue fulfillment of the obligations assumed under the Agreement. Also, in case of breach of the term defined in Sub-paragraph 3.4.7 of the Annex No. 1, Bank is entitled to charge the Custumer with additional amount of the respective Interest (as the damage (loss) inflicted) for the period of breach of the term or the Bank shall be entitled to repay the above obligations not later than 14 (fourteen) calendar days after the written application. Compensation of damage (loss) does not exempt the Customer from fulfillment/payment of liabilities assumed under the Agreement. Notwithstanding the guarantees outlined in Paragraphs 5.1 and 5.2 of the Annex No. 1, in order to ensure full and due fulfillment by the Customer of obligations assumed under the Agreement and to secure the Bank’s claims and rights, the Customer expresses prior consent regarding the full authority of the Bank to: In case of presence of several due debts, determine the sequence and order of bank products and payables; Block any Account of the Customer without acceptance following its rules until full and due repayment of any due payments envisaged by the Agreement; Write off all payables from any Accounts of the Customer without acceptance, and if the payable amount and funds on the Account are in different currencies, the Bank is authorized to exchange funds at the commercial exchange rate of the Bank as of the given date or at the exchange rate agreed upon with the Customer (if any), write off the service fee of the exchange transaction from the Account of the Customer without acceptance and use exchanged amounts to cover relevant payment; Communication between the Parties Any official relations between the Parties shall be in writing. A written notice for a Party may be delivered personally or sent by courier (including international courier) or post (including insured post). For the purspose to save time and taking into account the provisions outlined below, except submitting to the Customer of a claim on early fulfillment of financial liabilities arising from the Agreement in full or notice on full or partial termination of the Agreement, a notice to the other Party may be delivered through email or other electronic means (including mobile-bank, Internet bank), provided that in case of request of the other Party, the written notice will be delivered in the reasonable time as well. A notice shall be deemed delivered if a recipient confirms such delivery on the delivery date (including through electronic document, receipt, other relevant means of communication, etc.). If the receipt of a notice is not confirmed by the recipient, any such notice shall be deemed duly sent and received: In case of sending a written notice by courier or insured post – on the date of confirmation of delivery; In case of sending a notice through email and/or other electronic means – on the Banking Day following the date of sending. A notice shall be deemed received in case the sending Party receives back a notice due to absence of the receiving Party at the given address/contact data, the recipient refuses to accept the notice or avoids receiving a notice. The Parties shall establish relations at the addresses/contact data outlined in the Agreement (or at any other address/contact data which one Party will inform the other in writing). A Party shall notify the other Party in a timely manner on change of the above address or any of the data, otherwise communications carried out at the address provided by the Party (sending notices, etc.) shall be deemed duly performed.

Other Obligations. The Customer. Without a prior written consent of the Bank: The Customer, as a legal entity or other organizational formation which is not a legal entity, shall not allow for the change of main sphere of activities, reorganization (transformation, merger, split) or liquidation; Shall not allow use of his/her/its assets/property or its/their part as a collateral and/or other encumbrance in favor of any Third party which will pose threat to the fulfillment of conditions of the Agreement; Shall not dispose of his/her/its own assets/property (or its/their portion) in any form and/or acquire any Third party’s any assets/property and/or their portion, except the cases when such actions are exercised in the scope of regular activities of the Customer; Shall not make investments, assume any liabilities and/or render expenses, including capital expenditures, except the cases when making such investments and/or expenses or assuming liabilities correspond with the purpose of the Credit and/or other bank products issued under the Agreement, and/or when they are exercised in the scope of regular activities of the Customer; Shall not take any additional balanced or off-balanced credits, loans and/or similar liabilities; The Customer may only issue dividends if the Customer is not in breach of the Agreement and/or any other agreement and/or other covenants related to financial liabilities executed with the Bank, and/or no threat of such breach arises due to issuing dividends; Shall maintain his/her/its financial reporting and financial reporting of its Subsidiaries following the rules and procedures set forth by the effective Legislation and in cases requested by the Bank (a) such reporting shall comply with the International Financial Reporting Standards; and (b) financial reports should be audited by the auditor/audit company acceptable to the Bank; Shall use only the Bank products and/or services, including, explicitly, shall have/make 100 (one hundred) per cent of money turnovers and balance on bank account(s) only through the Bank; Shall ensure observance of the obligations assumed under the Agreement and/or other conditions. Responsibilities of the Parties The Parties undertake to compensate each other for damage (loss) incurred due to full or partial non-fulfillment or improper fulfillment of the Agreement. Compensation of damage (loss) does not exempt the Parties from fulfillment/payment of liabilities assumed under the Agreement. Furthermore, the Customer shall be held responsible for any damage (loss) inflicted to the Bank as a result of full or partial non-fulfillment or undue fulfillment of the obligations assumed under the Agreement. Also, unless otherwise determined by the Bank, in case of breach of the term defined in Sub-paragraph 3.4.7 of the Annex No. 1, Bank is entitled to charge the Custumer with additional amount of the respective Interest (as the damage (loss) inflicted) shall be charged to the Customer for the period of breach of the term or the Bank shall be entitled to repay the above obligations not later than 14 (fourteen) calendar days after the written applicationterm. Compensation of damage (loss) does not exempt the Customer from fulfillment/payment of liabilities assumed under the Agreement. Notwithstanding the guarantees outlined in Paragraphs 5.1 and 5.2 of the Annex No. 1, in order to ensure full and due fulfillment by the Customer of obligations assumed under the Agreement and to secure the Bank’s claims and rights, the Customer expresses prior consent regarding the full authority of the Bank to: In case of presence of several due debts, determine the sequence and order of bank products and payables; Block any Account of the Customer without acceptance following its rules until full and due repayment of any due payments envisaged by the Agreement; Write off all payables from any Accounts of the Customer without acceptance, and if the payable amount and funds on the Account are in different currencies, the Bank is authorized to exchange funds at the commercial exchange rate of the Bank as of the given date or at the exchange rate agreed upon with the Customer (if any), write off the service fee of the exchange transaction from the Account of the Customer without acceptance and use exchanged amounts to cover relevant payment; Communication between the Parties Any official relations between the Parties shall be in writing. A written notice for a Party may be delivered personally or sent by courier (including international courier) or post (including insured post). For the purspose to save time and taking into account the provisions outlined below, except submitting to the Customer of a claim on early fulfillment of financial liabilities arising from the Agreement in full or notice on full or partial termination of the Agreement, a notice to the other Party may be delivered through email or other electronic means (including mobile-bank, Internet bank), provided that in case of request of the other Party, the written notice will be delivered in the reasonable time as well. A notice shall be deemed delivered if a recipient confirms such delivery on the delivery date (including through electronic document, receipt, other relevant means of communication, etc.). If the receipt of a notice is not confirmed by the recipient, any such notice shall be deemed duly sent and received: In case of sending a written notice by courier or insured post – on the date of confirmation of delivery; In case of sending a notice through email and/or other electronic means – on the Banking Day following the date of sending. A notice shall be deemed received in case the sending Party receives back a notice due to absence of the receiving Party at the given address/contact data, the recipient refuses to accept the notice or avoids receiving a notice. The Parties shall establish relations at the addresses/contact data outlined in the Agreement (or at any other address/contact data which one Party will inform the other in writing). A Party shall notify the other Party in a timely manner on change of the above address or any of the data, otherwise communications carried out at the address provided by the Party (sending notices, etc.) shall be deemed duly performed.

Other Obligations. The Customer. Without a prior written consent of the Bank: The Customer, as a legal entity or other organizational formation which is not a legal entity, shall not allow for the change of main sphere of activities, reorganization (transformation, merger, split) or liquidation; Shall not allow use of his/her/its assets/property or its/their part as a collateral and/or other encumbrance in favor of any Third party which will pose threat to the fulfillment of conditions of the Agreement; Shall not dispose of his/her/its own assets/property (or its/their portion) in any form and/or acquire any Third party’s any assets/property and/or their portion, except the cases when such actions are exercised in the scope of regular activities of the Customer; Shall not make investments, assume any liabilities and/or render expenses, including capital expenditures, except the cases when making such investments and/or expenses or assuming liabilities correspond with the purpose of the Credit and/or other bank products issued under the Agreement, and/or when they are exercised in the scope of regular activities of the Customer; Shall not take any additional balanced or off-balanced credits, loans and/or similar liabilities; The Customer may only issue dividends if the Customer is not in breach of the Agreement and/or any other agreement and/or other covenants related to financial liabilities executed with the Bank, and/or no threat of such breach arises due to issuing dividends; Shall maintain his/her/its financial reporting and financial reporting of its Subsidiaries following the rules and procedures set forth by the effective Legislation and in cases requested by the Bank (a) such reporting shall comply with the International Financial Reporting Standards; and (b) financial reports should be audited by the auditor/audit company acceptable to the Bank; Shall use only the Bank products and/or services, including, shall have/make 100 (one hundred) per cent % of money turnovers and balance on bank account(s) accounts only through the Bank; . For avoidance of any doubts, the Customer may carry out a currency conversion transaction with other banks or relevant financial institutions in such a way as to have/make 100 (one hundred) % of money turnovers and balance on bank accounts only through the Bank, including, the Customer may carry out such transaction on the Bloomberg Bmatch Platform. Shall ensure observance of the obligations assumed under the Agreement and/or other conditions. Responsibilities of the Parties The Parties undertake to compensate each other for damage (loss) incurred due to full or partial non-fulfillment or improper fulfillment of the Agreement. Compensation of damage (loss) does not exempt the Parties from fulfillment/payment of liabilities assumed under the Agreement. Furthermore, the Customer shall be held responsible for any damage (loss) inflicted to the Bank as a result of full or partial non-fulfillment or undue fulfillment of the obligations assumed under the Agreement. Also, in case of breach of the term defined in Sub-paragraph 3.4.7 of the Annex No. 1, Bank is entitled to charge the Custumer with additional amount of the respective Interest (as the damage (loss) inflicted) for the period of breach of the term or the Bank shall be entitled to repay the above obligations not later than 14 (fourteen) calendar days after the written application. Compensation of damage (loss) does not exempt the Customer from fulfillment/payment of liabilities assumed under the Agreement. Notwithstanding the guarantees outlined in Paragraphs 5.1 and 5.2 of the Annex No. 1, in order to ensure full and due fulfillment by the Customer of obligations assumed under the Agreement and to secure the Bank’s claims and rights, the Customer expresses prior consent regarding the full authority of the Bank to: In case of presence of several due debts, determine the sequence and order of bank products and payables; Block any Account of the Customer without acceptance following its rules until full and due repayment of any due payments envisaged by the Agreement; Write off all payables from any Accounts of the Customer without acceptance, and if the payable amount and funds on the Account (including deposit account) are in different currencies, the Bank is authorized to exchange funds at the commercial exchange rate of the Bank as of the given date or at the exchange rate agreed upon with the Customer (if any), write off the service fee of the exchange transaction from the Account of the Customer without acceptance and use exchanged amounts to cover relevant payment; Communication between the Parties Any official relations between the Parties shall be in writing. A written notice for a Party may be delivered personally or sent by courier (including international courier) or post (including insured post). For the purspose to save purpose of saving time and taking into account the provisions outlined below, except for submitting to the Customer of a claim on early fulfillment of financial liabilities arising from the Agreement in full or notice on full or partial termination of the AgreementAgreement to the Customer, a notice to the other Party may be delivered through email or other electronic electronic/technical means (including mobile-bank, Internet internet bank, SMS), provided that in case of request of the other Party, the written notice will shall be delivered in the reasonable time as well. A notice shall be deemed delivered if a recipient confirms such delivery on the delivery date (including through electronic document, receipt, other relevant means of communication, etc.). If the receipt of a notice is not confirmed by the recipient, any such notice shall be deemed duly sent and received: In case of sending a written notice by courier or insured post – on the date of confirmation of delivery; In case of sending a notice through email and/or other electronic electronic/technical means – on the Banking Day following the date of sending. A notice shall be deemed received in case the sending Party receives back a notice due to absence of the receiving Party at the given address/contact data, the recipient refuses to accept the notice or avoids receiving a notice. The Parties shall establish relations at the addresses/contact data outlined in the Agreement (or at any other address/contact data which one Party will inform the other in writing). A Party shall notify the other Party in a timely manner on change of the above address or any of the data, otherwise communications carried out at the address provided by the Party (sending notices, etc.) shall be deemed duly performed. In case a contact person of the Customer (hereinafter referred to as the Contact Person) is indicated in this Agreement and/or other document associated thereto and/or in an application submitted by the Customer to the Bank in its regard, the Bank is entitled to carry out communication of any kind and content (including but not limited to, regarding the volume of the credit indebtedness and other conditions related to the Credit) under this Agreement (including but not limited to the cases of breaches of contractual obligations by the Customer and in order to collect the credit indebtedness from the Customer in accordance with the terms and conditions of the Agreement) without any restrictions towards both the Customer as well as the Contact Person. The Customer confirms that the Customer has obtained all permits and consents from the Contact Person on the transfer of personal data of the Contact Person to the Bank and its processing and the Contact Person is informed about the authority of the Bank specified in this Paragraph. The Customer is authorized to submit a claim regarding the service stipulated in the Agreement to the Bank's service centers (branches) and through the means of remote communication defined by the Bank. Information on the claim review procedure and the means for submitting a claim is available at the Bank’s service centers (branches) and on the website: xxxxx://xxxxxxxxxxxxx.xx/. A claim can be submitted orally, in free written, in standard written or in electronic form. A claim will be reviewed by the Support and Service Department of the Bank's service centers. The maximum term for receiving a response to a claim submitted in any form is 30 (thirty) calendar days, unless otherwise determined by the Legislation or/and international practice.

Other Obligations. The Customer. Without a prior written consent of the Bank: The Customer, as a legal entity or other organizational formation which is not a legal entity, shall not allow for the change of main sphere of activities, reorganization (transformation, merger, split) or liquidation; Shall not allow use of his/her/its assets/property or its/their part as a collateral and/or other encumbrance in favor of any Third party which will pose threat to the fulfillment of conditions of the Agreement; Shall not dispose of his/her/its own assets/property (or its/their portion) in any form and/or acquire any Third party’s any assets/property and/or their portion, except the cases when such actions are exercised in the scope of regular activities of the Customer; Shall not make investments, assume any liabilities and/or render expenses, including capital expenditures, except the cases when making such investments and/or expenses or assuming liabilities correspond with the purpose of the Credit and/or other bank products issued under the Agreement, and/or when they are exercised in the scope of regular activities of the Customer; Shall not take any additional balanced or off-balanced credits, loans and/or similar liabilities; The Customer may only issue dividends if the Customer is not in breach of the Agreement and/or any other agreement and/or other covenants related to financial liabilities executed with the Bank, and/or no threat of such breach arises due to issuing dividends; Shall maintain his/her/its financial reporting and financial reporting of its Subsidiaries following the rules and procedures set forth by the effective Legislation and in cases requested by the Bank (a) such reporting shall comply with the International Financial Reporting Standards; and (b) financial reports should be audited by the auditor/audit company acceptable to the Bank; Shall use only the Bank products and/or services, including, explicitly, shall have/make 100 (one hundred) per cent of money turnovers and balance on bank account(s) only through the Bank; Shall ensure observance of the obligations assumed under the Agreement and/or other conditions. Responsibilities of the Parties The Parties undertake to compensate each other for damage (loss) incurred due to full or partial non-fulfillment or improper fulfillment of the Agreement. Compensation of damage (loss) does not exempt the Parties from fulfillment/payment of liabilities assumed under the Agreement. Furthermore, the Customer shall be held responsible for any damage (loss) inflicted to the Bank as a result of full or partial non-fulfillment or undue fulfillment of the obligations assumed under the Agreement. Also, in case of breach of the term defined in Sub-paragraph 3.4.7 of the Annex No. 1, Bank is entitled to charge the Custumer with additional amount of the respective Interest (as the damage (loss) inflicted) for the period of breach of the term or the Bank shall be entitled to repay the above obligations not later than 14 (fourteen) calendar days after the written application. Compensation of damage (loss) does not exempt the Customer from fulfillment/payment of liabilities assumed under the Agreement. Notwithstanding the guarantees outlined in Paragraphs 5.1 and 5.2 of the Annex No. 1, in order to ensure full and due fulfillment by the Customer of obligations assumed under the Agreement and to secure the Bank’s claims and rights, the Customer expresses prior consent regarding the full authority of the Bank to: In case of presence of several due debts, determine the sequence and order of bank products and payables; Block any Account of the Customer without acceptance following its rules until full and due repayment of any due payments envisaged by the Agreement; Write off all payables from any Accounts of the Customer without acceptance, and if the payable amount and funds on the Account are in different currencies, the Bank is authorized to exchange funds at the commercial exchange rate of the Bank as of the given date or at the exchange rate agreed upon with the Customer (if any), write off the service fee of the exchange transaction from the Account of the Customer without acceptance and use exchanged amounts to cover relevant payment; Communication between the Parties Any official relations between the Parties shall be in writing. A written notice for a Party may be delivered personally or sent by courier (including international courier) or post (including insured post). For the purspose to save time and taking into account the provisions outlined below, except submitting to the Customer of a claim on early fulfillment of financial liabilities arising from the Agreement in full or notice on full or partial termination of the Agreement, a notice to the other Party may be delivered through email or other electronic means (including mobile-bank, Internet bank), provided that in case of request of the other Party, the written notice will be delivered in the reasonable time as well. A notice shall be deemed delivered if a recipient confirms such delivery on the delivery date (including through electronic document, receipt, other relevant means of communication, etc.). If the receipt of a notice is not confirmed by the recipient, any such notice shall be deemed duly sent and received: In case of sending a written notice by courier or insured post – on the date of confirmation of delivery; In case of sending a notice through email and/or other electronic means – on the Banking Day following the date of sending. A notice shall be deemed received in case the sending Party receives back a notice due to absence of the receiving Party at the given address/contact data, the recipient refuses to accept the notice or avoids receiving a notice. The Parties shall establish relations at the addresses/contact data outlined in the Agreement (or at any other address/contact data which one Party will inform the other in writing). A Party shall notify the other Party in a timely manner on change of the above address or any of the data, otherwise communications carried out at the address provided by the Party (sending notices, etc.) shall be deemed duly performed.

Other Obligations. The Customer. Without a prior written consent of the Bank: The Customer, as a legal entity or other organizational formation which is not a legal entity, shall not allow for the change of main sphere of activities, reorganization (transformation, merger, split) or liquidation; Shall not allow use of his/her/its assets/property or its/their part as a collateral and/or other encumbrance in favor of any Third party which will pose threat to the fulfillment of conditions of the Agreement; Shall not dispose of his/her/its own assets/property (or its/their portion) in any form and/or acquire any Third party’s any assets/property and/or their portion, except the cases when such actions are exercised in the scope of regular activities of the Customer; Shall not make investments, assume any liabilities and/or render expenses, including capital expenditures, except the cases when making such investments and/or expenses or assuming liabilities correspond with the purpose of the Credit and/or other bank products issued under the Agreement, and/or when they are exercised in the scope of regular activities of the Customer; Shall not take any additional balanced or off-balanced credits, loans and/or similar liabilities; The Customer may only issue dividends if the Customer is not in breach of the Agreement and/or any other agreement and/or other covenants related to financial liabilities executed with the Bank, and/or no threat of such breach arises due to issuing dividends; Shall maintain his/her/its financial reporting and financial reporting of its Subsidiaries following the rules and procedures set forth by the effective Legislation and in cases requested by the Bank (a) such reporting shall comply with the International Financial Reporting Standards; and (b) financial reports should be audited by the auditor/audit company acceptable to the Bank; Shall use only the Bank products and/or services, including, explicitly, shall have/make 100 (one hundred) per cent of money turnovers and balance on bank account(s) only through the Bank; Shall ensure observance of the obligations assumed under the Agreement and/or other conditions. Responsibilities of the Parties The Parties undertake to compensate each other for damage (loss) incurred due to full or partial non-fulfillment or improper fulfillment of the Agreement. Compensation of damage (loss) does not exempt the Parties from fulfillment/payment of liabilities assumed under the Agreement. Furthermore, the Customer shall be held responsible for any damage (loss) inflicted to the Bank as a result of full or partial non-fulfillment or undue fulfillment of the obligations assumed under the Agreement. Also, unless otherwise determined by the Bank, in case of breach of the term defined in Sub-paragraph 3.4.7 of the Annex No. 1, Bank is entitled to charge the Custumer with additional amount of the respective Interest (as the damage (loss) inflicted) shall be charged to the Customer for the period of breach of the term or the Bank shall be entitled to repay the above obligations not later than 14 (fourteen) calendar days after the written applicationterm. Compensation of damage (loss) does not exempt the Customer from fulfillment/payment of liabilities assumed under the Agreement. Notwithstanding the guarantees outlined in Paragraphs 5.1 and 5.2 of the Annex No. 1, in order to ensure full and due fulfillment by the Customer of obligations assumed under the Agreement and to secure the Bank’s claims and rights, the Customer expresses prior consent regarding the full authority of the Bank to: In case of presence of several due debts, determine the sequence and order of bank products and payablespayables existing in their scope; Block any Account of the Customer without acceptance following its rules until full and due repayment of any due payments envisaged by the Agreement; Write off all payables from any Accounts of the Customer without acceptance, and if the payable amount and funds on the Account are in different currencies, the Bank is authorized to exchange funds at the commercial exchange rate of the Bank as of the given date or at the exchange rate agreed upon with the Customer (if any), write off the service fee of the exchange transaction from the Account of the Customer without acceptance and use exchanged amounts to cover relevant payment; Communication between the Parties Any official relations between the Parties shall be in writing. A written notice for a Party may be delivered personally or sent by courier (including international courier) or post (including insured post). For the purspose to save time and taking into account the provisions outlined below, except submitting to the Customer of a claim on early fulfillment of financial liabilities arising from the Agreement in full or notice on full or partial termination of the Agreement, a notice to the other Party may be delivered through email or other electronic means (including mobile-bank, Internet bank), provided that in case of request of the other Party, the written notice will be delivered in the reasonable time as well. A notice shall be deemed delivered if a recipient confirms such delivery on the delivery date (including through electronic document, receipt, other relevant means of communication, etc.). If the receipt of a notice is not confirmed by the recipient, any such notice shall be deemed duly sent and received: In case of sending a written notice by courier or insured post – on the date of confirmation of delivery; In case of sending a notice through email and/or other electronic means – on the Banking Day following the date of sending. A notice shall be deemed received in case the sending Party receives back a notice due to absence of the receiving Party at the given address/contact data, the recipient refuses to accept the notice or avoids receiving a notice. The Parties shall establish relations at the addresses/contact data outlined in the Agreement (or at any other address/contact data which one Party will inform the other in writing). A Party shall notify the other Party in a timely manner on change of the above address or any of the data, otherwise communications carried out at the address provided by the Party (sending notices, etc.) shall be deemed duly performed.