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The commercial terms applicable to such transaction as set out on the “Summary Drill Down View” page for such transaction, together with the relevant terms and conditions set out below in this Section B, will constitute a “Confirmation” for all purposes under any master agreement that may have been entered into by the Customer and the BAML Entity party to such transaction (the “Relevant BAML Entity”).In the event that the Customer has not entered into a master agreement with the Relevant BAML Entity as of the trade date for such transaction, then the Customer and the Relevant BAML Entity will use all reasonable efforts promptly to negotiate, execute and deliver a master agreement in the form of the ISDA Master Agreement (Multicurrency-Cross Border) (the “Master Form”), with such modification as the Customer and the Relevant BAML Entity will in good faith agree. Upon the execution and delivery of such master agreement, the commercial terms applicable to such transaction as set out on the “Summary Drill Down View” page for such transaction, together with the relevant terms and conditions set out below in this Section B, will constitute a “Confirmation” under, and will supplement, form a part of, and be subject to, such master agreement. Until the Customer and the Relevant BAML Entity execute and deliver such a master agreement, the commercial terms applicable to such transaction as set out on the “Summary Drill Down View” page for such transaction, together with the relevant terms and conditions set out below in this Section B, together with all other transactions the terms of which refer to the Master Form, shall supplement, form a part of, and be subject to, a master agreement in the form of the Master Form as if the Customer and the Relevant BAML Entity had executed a master agreement in such form (but without any schedule thereto except for the election of the laws of the State of New York as the governing law and US Dollars as the “Termination Currency” thereunder) on the trade date under the first of such transactions between the Customer and the Relevant BAML Entity., Neither Merrill Lynch, nor any of its affiliates, directors, officers or employees, nor any third-party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site , You agree that neither Bank of America Merrill Lynch nor any third party working with Bank of America Merrill Lynch to provide software, information, products or services hereunder shall be responsible for any expense, loss, liability, damage or cost (including costs of investigation and legal fees) of any kind whatsoever (collectively .
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