Common use of Activities of the Parties Clause in Contracts

Activities of the Parties. (a) A Party is not liable or under any obligation: (i) to account to the other Party for any benefit it received for dealing with, or providing services to, others; or (ii) disclose to the other Party any fact or thing which may come to its notice in the course of dealing with, or providing services to, others or in the course of its business, in any other capacity or in any manner. (b) In addition to MULTIBANK FX INTERNATIONAL CORPORATION’s proprietary interest under each Transaction, MULTIBANK FX INTERNATIONAL CORPORATION and its Affiliates may take proprietary positions or undertake proprietary activities, including hedging transactions related to a Transaction or in relation to an Account, that may affect the market price, rate or other market factors underlying the Transaction or Account. (c) The Counterparty consents that, without any further notice from MULTIBANK FX INTERNATIONAL CORPORATION, when it enters into any Transaction with the Counterparty, MULTIBANK FX INTERNATIONAL CORPORATION’s shareholders, Affiliates, directors, officers, agents and/or employees may be the counterparty to the Counterparty during such Transaction for any proprietary account or an account in which any of them has a direct or indirect interest.