Common use of Disclosure of Risks Clause in Contracts

Disclosure of Risks. The Customer acknowledges and agrees that in requesting the Bank to provide Discretionary Management Services, the Bank has explained to the Customer, and the Customer fully understands the additional risks of giving discretionary powers to the Bank to manage the Customer’s moneys, Securities, assets and Investments on the Customer’s behalf, as disclosed in Clauses 9 (Interest, Default Interest, Commissions, Fees and Charges) and 40 (Conflicts of Interest) of Part I of these General Terms. Such risks shall include but not be limited to the inherent risk of conflict of interest in that any Affiliate of the Bank may take an opposite position to the Customer’s orders while acting for the Customer or the Bank itself may, in performing its Discretionary Management Services act as both market maker or broker, whether as principal or agent (as the case may be) and in each case, the Bank may retain all fees, commissions, concessions or other income, including without limitation, profits earned by spread or otherwise from its performance of such Services.

Disclosure of Risks. The Customer acknowledges and agrees that in requesting the Bank to provide Discretionary Management Services, the Bank has explained to the Customer, and the Customer fully understands the additional risks of giving discretionary powers to the Bank to manage the Customer’s moneys, SecuritiesSpecified Products, assets and Investments on the Customer’s behalf, as disclosed in Clauses 9 (Interest, Default Interest, Commissions, Fees and Charges) and 40 (Conflicts of Interest) of Part I of these General Terms. Such risks shall include but not be limited to the inherent risk of conflict of interest in that any Affiliate of the Bank may take an opposite position to the Customer’s orders while acting for the Customer or the Bank itself may, in performing its Discretionary Management Services act as both market maker or broker, whether as principal or agent (as the case may be) and in each case, the Bank may retain all fees, commissions, concessions or other income, including without limitation, profits earned by spread or otherwise from its performance of such Services.