1. Grant of Rights and Access to Website
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(a)
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GAM Holding AG ("GAM") grants
you a revocable, non-exclusive, non-transferable, limited right to access,
use and display the Website in accordance with these Website Terms.
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(b)
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GAM may revoke or vary such
licence and/or change, suspend, terminate, restrict or discontinue the
Website (or any part) or any goods, services, information, features or
functions accessible by means of the Website at any time without notice or
liability.
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(c)
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You acknowledge that the
Website may contain audit software.
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2. Intellectual Property Rights
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(a)
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The Website may incorporate
third party data, text, images, software, multi-media materials and other
content ("Third Party Content") and references to the term
"Website" shall be taken to include all materials, content and
services made available from time to time on the Website whether viewed on
screen or downloaded to another computer including without limitation Third
Party Content.
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(b)
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The Website is protected by
copyright, database rights and other intellectual property rights. You acknowledge
that GAM and/or third parties retain all right, title and interest in and to
the Website. Use of the Website does not confer any ownership rights in the
Website. The permissions contained in these Website Terms do not necessarily
apply to Third Party Content. For permitted use of Third Party Content apply
to the relevant content owner.
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(c)
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Except as otherwise
specifically agreed in writing or to the extent necessary for you to view the
Website in accordance with these Website Terms, you shall not: (i) copy the
Website in whole or in part; (ii) display, reproduce, create derivative works
from, or in any way exploit the Website in whole or in part; (iii) embed the
Website into other products; (iv) remove or obscure any copyright notice of GAM;
(v) use any trademarks, service marks, domain names, logos, or other
identifiers of GAM or any third parties featured on the Website from time to
time; [or (vi) save to the extent permitted under by law, reverse engineer,
decompile, disassemble, or access the source code of the Website.
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3. No Advice or Recommendations
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(a)
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Except as otherwise
specifically agreed in writing or as provided in any other terms and
conditions applicable to transactions conducted between you and GAM through
the Website nothing on this Website is an offer which can be accepted by you so
as to create contractual obligations without further action by GAM;
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(b)
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Opinions, estimates and
projections in any research report accessed via the Website constitute the
current judgement of the author as of the date of the report. They do not
necessarily reflect the opinions of GAM and are subject to change without
notice.
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(c)
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GAM has no obligation to
update, modify or amend reports accessed via the Website or to otherwise
notify you thereof in the event that any matter stated in such reports, or
any opinion, projection, forecast or estimate set forth in such reports,
change or subsequently becomes inaccurate, or if research on the subject
company is withdrawn.
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(d)
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References on the Website to
the share price of GAM are subject to change without notice. The Website is
provided for informational purposes only. It is not to be construed as an
offer to buy or sell or a solicitation of an offer to buy or sell shares in
GAM Holding AG in any jurisdiction. Any financial instruments discussed on
either the Website or on any third party or affiliate websites accessed via
an embedded link in the Website may not be suitable for all investors and you
must make your own investment decisions using your own independent advisors
as you believe necessary and based upon your specific financial situations
and investment objectives.
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4. Data Protection
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(a)
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GAM may collect, use and
disclose personal data about you, including personal data you may voluntarily
disclose to GAM in any manner, so that GAM can (i) carry out its obligations
under these Website Terms; (ii) carry out its everyday business activities
and dealings with you; (iii) compile statistical analysis of the pages of the
Website visited; (iv) monitor and analyse its business; (v) participate in
crime prevention, legal and regulatory compliance; (vi) market and develop
other products and services; (vii) transfer any of GAM's rights or
obligations under these Website Terms; and (viii) process your personal data
for other related purposes.
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(b)
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GAM will not obtain or require
disclosure of sensitive personal data (such as ethnic origin, religion or
medical records) but if you choose to provide such sensitive personal data, GAM
may assume such sensitive data is provided with your consent and can be
processed by GAM as it sees fit, unless otherwise notified by you to GAM in
writing.
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(c)
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GAM will not disclose any
personal data it collects about you to third parties except: (i) to the
extent that it is required to do so by any applicable law or regulation; (ii)
where there is a duty to the public to disclose; (iii) where GAM's legitimate
business interests require disclosure; or (iv) at your request or with your consent
or to persons described in sub-clause (e) below.
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(d)
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GAM may disclose personal data
about you to those who provide services to GAM or act as GAM's agents, to any
person to whom GAM transfers or proposes to transfer any of its rights or
obligations under these Website Terms and to licensed credit reference
agencies or other organisations that help GAM and others make credit
decisions and reduce the incidence of fraud or in the course of carrying out
identity, fraud prevention or credit control checks.
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(e)
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You may have certain rights of
access to some or all of the personal data GAM collects and holds about you at
the time of request, or to have inaccurate information corrected, under
applicable data protection laws. If you wish to exercise any such rights you
should contact GAM in writing, and may be requested to provide further
information to assist GAM in complying with such request.
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(f)
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GAM may also transfer personal
data collected and held about you to any country, including countries outside
the European Economic Area which may not have data protection laws, for any
of the purposes described in this clause. By accepting these Website Terms, you
consent to such transfer.
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(g)
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GAM may record or monitor
telephone conversations and email correspondence between you and GAM for security,
compliance with the law, training purposes and to maintain and improve the
quality of GAM services.
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(h)
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GAM may use cookies or IP
address tracking devices on the Website to administer the Website, store
password and usernames, to monitor visits to pages on the Website on this and
other occasions from your terminal, to personalise the Website service to you
and to track and facilitate browsing through the Website. A cookie is a piece
of data stored on your hard drive containing information about you relating
to the use of the Website. IP addresses may be linked to your personal data
and by tracking these addresses, GAM would be obtaining such personal data.
Access to the Website is conditional on acceptance by you of any cookies and
IP address tracking devices described in and for the purposes explained in
this clause. By accepting the Website Terms, you acknowledge that you
understand the broad nature of cookies and IP address tracking devices and
the purposes for which they will be used by GAM.
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5. Disclaimer of Warranties
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(a)
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THE WEBSITE IS PROVIDED
"AS IS" AND GAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER REGARDING: (1) THE ACCURACY OR COMPLETENESS OF THE WEBSITE; (2) PRODUCTS OR
SERVICES AVAILABLE ON OR VIA THE WEBSITE; (3) THE
RESULTS TO BE OBTAINED BY YOU OR ANYONE ELSE FROM THE USE OF THE WEBSITE; AND
(4) ANY THIRD PARTY CONTENT ACCESSIBLE ON OR THROUGH THE WEBSITE.
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(b)
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ANY EXPRESSIONS OF OPINION, ESTIMATES AND
PROJECTIONS ON THE WEBSITE ARE THOSE OF THE AUTHORS AT THE DATE OF WRITING.
THEY DO NOT NECESSARILY REFLECT THE VIEW OF GAM AND ARE SUBJECT TO CHANGE AT
ANY TIME WITHOUT PRIOR WARNING. GAM AND ITS CONTRACTUAL PARTNERS MAY
DISCONTINUE, OR MAKE CHANGES IN, THE INFORMATION, DATA AND DOCUMENTS, AND THE
PRODUCTS OR SERVICES DESCRIBED HEREIN, AT ANY TIME WITHOUT PRIOR NOTICE. ANY
INFORMATION MARKED WITH A DATE IS PUBLISHED AS OF THIS DATE ONLY AND NO
OBLIGATION OR RESPONSIBILITY IS UNDERTAKEN TO UPDATE OR AMEND ANY SUCH
INFORMATION.
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(c)
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EXCEPT TO THE EXTENT REQUIRED
BY LAW GAM, INCLUDING ITS DIRECTORS, AGENTS, EMPLOYEES OR SUB-CONTRACTORS:
(1) DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS
INCLUDING WITHOUT LIMITATION WARRANTIES AND CONDITIONS AS TO QUALITY AND
FITNESS FOR A PARTICULAR PURPOSE; AND (2) DOES NOT WARRANT THAT THE WEBSITE,
ANY CONTENT (INCLUDING ANY THIRD PARTY CONTENT), GOODS AND SERVICES OFFERED
THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED
OR THAT THE WEBSITE, THE SERVERS FROM WHICH IT IS MADE AVAILABLE OR ANY
CONNECTED WEBSITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR
SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS.
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6. Limitation of Liability
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(a)
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USE OF THE WEBSITE IS AT YOUR OWN
RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE
OF OR ACCESS TO THE WEBSITE.
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(b)
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EXCEPT IN THE CASE OF WILFUL
MISCONDUCT, FRAUD OR NEGLIGENCE RESULTING IN DEATH OR PERSONAL INJURY GAM,
INCLUDING ITS DIRECTORS, AGENTS, EMPLOYEES OR SUB-CONTRACTORS, SHALL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE OR CLAIM OF ANY KIND WHATSOEVER ARISING
DIRECTLY OR INDIRECTLY AS A RESULT OF (1) CONTENT, ACCURACY, COMPLETENESS OR
OTHERWISE OF MATERIALS, OPINIONS OR INFORMATION CONTAINED ON THE WEBSITE,
INCLUDING LINKS AND THIRD PARTY CONTENT; (2) ANY ERRORS IN OR OMISSIONS FROM
THE WEBSITE; (3) USE OF OR ACCESS TO THE WEBSITE; (4) YOUR INABILITY TO
ACCESS OR USE THE WEBSITE FOR ANY REASON; (5) ANY BREACH OF ITS CONTRACTUAL
OBLIGATIONS ARISING UNDER OR IN CONNECTION WITH THESE WEBSITE TERMS; OR (6)
ANY REPRESENTATIONS, STATEMENT OR TORTIOUS ACT OR OMISSION INCLUDING
NEGLIGENCE OR ANY BREACH OF STATUTORY DUTY ARISING UNDER OR IN CONNECTION
WITH THE WEBSITE TERMS.
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(c)
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TO THE FULL EXTENT PERMITTED
BY LAW, GAM SHALL NOT BE LIABLE FOR ANY (1) LOSS OF PROFITS OR REVENUE OR
SAVINGS OR OTHER ECONOMIC LOSS, (2) LOSS OF BUSINESS OR GOODWILL, (3) LOSS OF
OR DAMAGE TO DATA, (4) INCIDENTAL OR SPECIAL LOSS, (5) WASTED OR LOST
MANAGEMENT TIME, OR (6) INDIRECT OR CONSEQUENTIAL LOSS ARISING FROM YOUR USE
OF OR ACCESS TO THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH
LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
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(d)
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[GAM'S TOTAL LIABILITY ARISING
OUT OF OR IN CONNECTION WITH THE WEBSITE OR OTHERWISE UNDER THESE WEBSITE
TERMS SHALL BE LIMITED TO THE SUM OF CHF1,000 ([]).
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(e)
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GAM WILL NOT BE LIABLE FOR ANY
FAILURE TO PERFORM ANY OBLIGATION UNDER THESE WEBSITE TERMS OR FROM ANY DELAY
IN THE PERFORMANCE THEREOF, DUE TO CAUSES BEYOND ITS REASONABLE CONTROL,
INCLUDING INDUSTRIAL DISPUTES OF ANY NATURE, ACTS OF GOD, ACTS OF A PUBLIC
ENEMY, ACTS OF GOVERNMENT, FAILURE OF TELECOMMUNICATIONS, SABOTAGE,
PESTILENCE, TERRORISM, LIGHTNING OR ELECTRO-MAGNETIC DISTURBANCES,
EARTHQUAKE, FLOOD, FIRE OR OTHER CASUALTY.
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7. Indemnification
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You will indemnify and keep
indemnified GAM, and its respective directors, officers, employees and
agents, fully and effectively (to the fullest extent permitted by law) from
and against any and all claims, actions, demands, proceedings, losses,
liabilities, damages, costs and expenses (including legal fees, costs and
expenses on a full indemnity basis) suffered or incurred by GAM arising out
of or relating to (directly or indirectly): (i) your actions that are
inconsistent with or in breach of these Website Terms and the foregoing shall
include (but not limited to) any claim of defamation, libel, slander,
obscenity, invasion of privacy or any allegation thereof or infringement or
alleged infringement of copyright, trade mark, moral right, database rights
or patent or of obligations of confidence or any other claims anywhere in the
world brought by third parties or any failure by you to meet any third party
obligations; (ii) your violation of any applicable national or international
law, rule or regulation in connection with its use of the Website; and (iii)
any third party claims arising out of or in connection with your use of or
inability to use the Website.
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8. Links
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The Website may contain links
to other websites which are not controlled by GAM and contain material produced
by independent third parties. The owners of any such linked websites do not
necessarily have any relationship, commercial or otherwise, with GAM. The
existence of a link from the Website to any third party website does not
constitute a recommendation or other approval by GAM of such website its
content or any provider thereof. Any opinions or recommendations expressed on
third party websites are those of the relevant provider and are not the
opinions or recommendations of GAM. GAM accepts no responsibility for content
provided on any website that may be accessed through links on the Website.
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9. Termination
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(a)
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This Website and access to it can be
terminated at any time, with or without notice, and for any reason.
Termination of your access to and use of the Site does not relieve you of any
obligations arising or accruing prior to such termination or limit any
liability that you otherwise may have to GAM.
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10. Regulatory, Corporate and Contact Details
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(a)
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The Website is provided by GAM Holding AG, the parent
company of the GAM group of companies, whose registered address is Klausstrasse, 10,
8034 Zurich Switzerland. Contact details can be found via the Contact and Media sections of this website.
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(b)
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GAM Holding AG is a
member of the SIX Swiss Exchange.
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11. Security
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You acknowledge and accept
that any services provided through this Website involve transmissions over
the Internet and that such transmissions are therefore subject to the
Internet's inherent risks. Whilst GAM acknowledges its responsibility to take
reasonable security precautions, You also acknowledge and accept that, as
with any network, You may also be exposed to unauthorised invasions of
privacy during, or as a result of, using the Website, system-threatening
viruses and other unauthorised and invasive programs transmitted by third
parties, eavesdropping and electronic trespassing, fraud and forgery and/or
the failure of information and data to reach their intended destinations
and/or erroneous receipt or misdirection of such information. Although GAM�s privacy
and security features are designed to reduce these risks, GAM cannot
guarantee their elimination. You therefore acknowledge that no transmission
via the Website shall be deemed confidential and that GAM shall not be liable
for any breach of confidence arising as a result of such event.
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12. Assignment, Subcontracting and Delegation
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These Website Terms are for
the benefit of GAM and the members of the GAM group of companies, their
successors and assigns. GAM may assign or transfer any of its rights under
these Website Terms. GAM may delegate or subcontract the performance of any
obligation under these Website Terms.
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13. Amendments
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GAM may vary or amend these
Website Terms at any time. Any amendments to these Website Terms will be
displayed on the Website or otherwise communicated to you and you will be
deemed to have accepted such amendment if it continues to access or use the
Website.
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14. Other Agreements
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In the event of any
inconsistency between these Website Terms and any master or other specific
agreement between you and GAM relating to the particular product or services
traded or offered through the Website that other agreement shall prevail.
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15. No Waiver
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No failure or delay on the
part of GAM in exercising any right or remedy under these Website Terms shall
operate as a waiver of, or impair, any such right or remedy. No single or
partial exercise of any right or remedy shall preclude any other or further
exercise thereof or the exercise of any other rights or remedies. No waiver
of any right or remedy shall be deemed a waiver or modification of any other
right or remedy under these Website Terms.
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16. Partial validity
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If at any time any provision
of these Website Terms is or becomes illegal, invalid or unenforceable, that
shall not affect or impair the legality, validity or enforceability of any
other provision of the Website Terms.
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17. Contracts Rights of Third Parties
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Subject to the benefits of GAM
group companies and employees, directors, agents and sub-contractors of GAM
expressly reserved in these Website Terms, a person who is not a party to
this agreement has no right (including under the Contracts (Rights of Third
Parties) Act 1999) to enforce any term of the Website Terms, but this does
not affect any right or remedy of a third party which exists or is available
apart from that Act.
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18. Governing Law and Jurisdiction
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These Website Terms are governed by and shall be construed in accordance with the laws of England and Wales and, to the extent permissible by relevant legislation, the parties irrevocably submit to the exclusive jurisdiction of the English courts.
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