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borne by, and deducted from any payment to me).
6.4 The parties agree that the amounts recoverable under this
paragraph 6 “Close-out and Liquidation” are a reasonable
pre-estimate of loss and not a penalty. Such amounts are
payable for the loss of bargain and the loss of protection
against future risks and, except as otherwise provided in
the Agreement, neither party will be entitled to recover any
additional damages as a consequence of such losses.
6.5 For the purpose of closing out and liquidating under this
paragraph 6 “Close-out and Liquidation”, you may, without
any Liability to me, realise or sell so much of the Collateral
or take all such action as you deem fit (including but not
limited to liquidation of the Collateral prior to its maturity,
conversion of the same into other currencies or conclusion
of any spot or forward contract), and accordingly I hereby
irrevocably authorise you to act on my behalf. You are
entitled to use our discretion in all aspects on the sale or
liquidation of the Collateral.
6.6 Any proceeds remaining after deducting all costs and
expenses in connection therewith and payment of all
amounts due hereunder, shall be paid to me. In the event
such proceeds are insufficient to cover such payments, I
shall pay to you forthwith upon demand the amount of any
deficiency.
6.7 I hereby authorise you to place the proceeds of any Collateral
to the credit of any suspense account with a view to
preserving your rights to prove the whole of your claims
against me and you may apply any or all of such proceeds
to such account, my obligation or Liability which you may,
at your discretion, from time to time conclusively determine.
6.8 Whether to accede to any request by me to terminate a
Contract prior to its termination date shall be solely at
our discretion and in making such decision, you may take
into account the effect of such termination on any other
outstanding Contract hereunder.
6.9 If either party is prevented from or hindered or delayed by
reason of any force majeure or act of State in the delivery
or payment of any currency or of any Alternative Financial
Instrument in respect of any Contract or if it becomes
unlawful, illegal or impossible for either party to make or
receive any payment in respect of any Contract, then the
party for whom such performance has been prevented,
hindered or delayed or has become unlawful, illegal or
impossible shall promptly give notice to the other party and
either party may, upon notice to the other party, close-out
and liquidate the affected Contract(s) in accordance with
the above paragraphs 6.1 to 6.8 herein.
7. Collection, Use, Disclosure of Information
I authorise the transfer and disclosure of any information relating
to me (including personal data) or the Accounts, including
statements, agreements, letters, forms, consents, waivers
and supporting documents, to and between the branches,
subsidiaries, representative offices, affiliates and agents of
the Bank and Citibank N.A, and third parties selected by any
of them or you (including but without any limitation, any third
party service provider (each a “Service Provider”) engaged by
the Bank or Citibank, N.A. to perform out-sourced functions),
wherever situated, for confidential use (including for use in
connection with the provision of any Products or Services to me,
and for data processing, statistical and risk analysis purposes,
global cash services and dealings in Securities on the Stock
Exchange of Singapore and dealing with or responding to any
other relevant authorities and agencies pertaining thereto).
Each of the Bank, Citibank, N.A., and any of their respective
branches, subsidiaries, representative offices, affiliates, agents,
a Service Provider or third parties selected by any of them or you
shall be permitted to further disclose information relating to me
(including personal data) or the Accounts, including statements,
agreements, letters, forms, consents, waivers and supporting
documents, to third parties for confidential use. I irrevocably
consent to the Bank, Citibank, N.A. and any Citibank, N.A.
branch, subsidiary, representative office, affiliate, agent, a
Service Provider or a third party selected by any of them or you
to transfer and disclose any information as may be required by
Law or Regulation, court, regulator or legal process.
I further agree that you may collect, use and disclose any
information relating to me (including personal data) or the
Accounts, including statements, agreements, letters, forms,
consents, waivers and supporting documents, for the purposes
listed below, to the following recipients:
(a) any introducer or broker who provides referrals to the Bank
or to whom the Bank provides referrals, for the purposes of
fulfilling your referral requests;
(b) any third party reward, loyalty, privileges or co-branding
programme service providers or any co-branding partners
of the Bank, for the purpose of (i) providing benefits to
you, including promotions, special offers, rewards; or (ii)
administering contests and competitions;
(c) the branches, subsidiaries, representative offices, affiliates
and agents of the Bank and Citibank N.A. for the purposes
of handling any complaints, claims or disputes; and
(d) any other person in connection with the purposes set out
in sub-paragraphs (a) to (c) above.
Without prejudice to the generality of the foregoing, where
you are a member of, or subscriber for the information sharing
services of, any credit bureau recognized by the Monetary
Authority of Singapore (“MAS”) under or pursuant to the Banking
Act (CAP 19 of Singapore) (“Banking Act”), I authorise:-
(a) you to transfer and disclose to any such credit bureau; and
(b) any such bureau to transfer and disclose to any fellow
member or subscriber as may be recognized as such by MAS,
any information relating to me and/or any of my Account(s)
with you (and for such purposes) as may be permitted under
or pursuant to the Banking Act.
I hereby consent, in connection with any, or any proposed,
novation, assignment, transfer or sale of any of your rights
and/or obligations with respect to or in connection with the
Account(s) and any Products and Services made or to be made
available to me under the Account(s) to any novatee, assignee,
transferee, purchaser or any other person participating or
otherwise involved in such, or such proposed, transaction, to the
disclosure, to any such person, by you, of any and all information
relating to me, the Account(s) and any Products and Services
made or to be made available to me under the Account(s) and
any security, guarantee and assurance provided to secure my
obligations thereunder and any other information whatsoever
which may be required in relation thereto.
I agree to the terms of, and that you may collect, use and disclose
any information relating to me (including personal data) or the
Accounts, including statements, agreements, letters, forms,
consents, waivers and supporting documents, in the manner and
for the purposes as described in the Citibank Circular Relating to
the Personal Data Protection Act (as the same may be amended
from time to time), which is deemed to be incorporated by
reference into this Clause 7. For the purpose of complying with
applicable Law or Regulation including but not limited to the
U.S. Foreign Account Tax Compliant Act (FATCA), I waive any
bank secrecy, or privacy or data protection rights related to my
Account(s) and authorize and consent to collection, use and
disclosure of any information relating to me and/or any of my
accounts to any person for such purpose.
8. Amendment of Terms & Conditions
You may change, vary, amend, modify or supplement the Terms
and Conditions and the Citibank Circular Relating to the Personal
Data Protection Act at any time after giving reasonable notice to
me and shall thereafter bind me and my legal representatives,
successors, assigns and beneficiaries of my estate and other
agreements or terms and conditions which I have executed or
which is applicable to transactions that I have entered with you
involving the Terms and Conditions, will remain valid and binding
on me.