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  • Dodd-Frank disclosures

    ISDA Definitions & Supplements to the ISDA Definitions

ISDA holds copyright on certain ISDA documents (“ISDA Content”) and such works may not be reproduced or distributed without ISDA’s written permission except the ISDA Master Agreements, ISDA Credit Support Documents and standardized general and product specific risk disclosures published by ISDA, which may be reproduced and distributed solely for use in documenting specific commercial transactions. In no event may any copyright or trademark notice be removed.

Use of ISDA Content should be undertaken only after securing appropriate legal advice on its provisions. ISDA makes no warranty, express or implied, concerning the respective instruments’ suitability for use in any particular transaction and bears no responsibility or liability whatsoever, whether in tort or in contract, in respect of any use of these instruments.

ISDA, its officers, directors, employees, subcontractors, agents, successors or assigns (collectively “Covered Parties”) shall not be liable to Standard Chartered Bank or any of its counterparties (each a “Client”) for any loss, injury, claim, liability or damage of any kind whatsoever resulting from, arising out of or in any way related to:

(a) any errors in or omissions from the ISDA Content;

(b) the Client’s use of the ISDA Content;

(c) the Client’s use of any equipment or software in connection with the ISDA Content; or

(d) any delay or failure in performance.

The aggregate liability of the Covered Parties to a Client in connection with any other claim arising out of or relating to the ISDA Content shall not exceed $500.00, which right shall be in lieu of all other remedies that the Client may have against ISDA. In no event shall the Covered Parties be liable for any special, indirect, incidental or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees), lost profits or lost savings in any way due to, resulting from or arising in connection with the ISDA Content contained therein, regardless of any negligence of the Covered Parties.

If you believe that a material term of the swap has not been provided to you, please contact your usual Standard Chartered Bank sales contact, who will provide this information to you upon request. Relevant documentation provided by Standard Chartered Bank may incorporate by reference certain other documents and definitions, including those published by ISDA which are provided above and, in addition, can be made available upon request. In the event of any conflict between transaction-specific pre-trade information provided to you by Standard Chartered Bank and any template, standard product terms or market convention or the standardized disclosures provided above, the transaction-specific information will prevail.

It is your responsibility to notify your usual Standard Chartered Bank sales contact if you have any additional questions regarding any swap that have not been otherwise addressed by the information and documents that have been provided to you prior to entry into the swap. By entering into a swap, you will be deemed to acknowledge that you have received from Standard Chartered Bank prior to entry into such swap, and in a manner acceptable to you, disclosures, notifications and other information sufficient for you to evaluate: (i) the material risks of the swap, including market, credit, liquidity, foreign currency, legal, operational and other applicable risks, (ii) the material characteristics of the swap, including the material economic terms, operational terms, and the rights and obligations of the parties during the term of the swap, and (iii) the material incentives and conflicts of interest that may apply with respect to the swap. Where applicable or relevant, in addition to the notifications provided on this web page, we may from time to time provide you with additional notifications and disclosures relating to a particular swap or trading strategy, including disclosures regarding the material risks and characteristics of such swap or trading strategy.