Scope
2. The present General Business Terms also apply to any such substitute or deputy as may at any time be standing in for Ms H.E.M. Faasen LL.M., "Notaris" and to any of the staff employed by any such substitute or deputy, and all references to "Notaris" as per these General Business Terms shall therefore - where the context allows - extend to any such substitute or deputy and to any of the staff employed by any such substitute or deputy.

Implementation
3. Subject to replacement of Sections 404 and 407(2) of Book 7 of the Netherlands Civil Code, all engagements shall exclusively be accepted and implemented by the "Notaris", and only the "Notaris" shall be responsible for their implementation. However, the "Notaris" shall be at liberty to provide for the implementation, under her responsibility, of engagements having been extended to her by such of her employees as she may assign, in which context she may where appropriate enlist the services of third parties. The "Notaris" shall be authorised on behalf of the Principal to agree to any third-party restrictions of liability as well as being entitled to turn down engagements.

Restriction of Liability
4.a In accordance with the instructions issued by KNB, the Royal Notarial Association of the Netherlands, any "Notaris" who is a KNB member should provide for professional indemnity insurance cover to such level as could reasonably be taken out in the context of the notarial practice.

4.b The insurance terms of the above KNB-imposed insurance stipulate as follows: - Sum insured: maximum of € 12m per incident, per "Notaris", per annum; - Annual maximum: € 25m per insurance year, per "Notaris"; - Cover extends to: any notaries, substitute (junior) notaries, retired notaries and heirs of deceased notaries within the Netherlands.

4.c In the event of errors having occurred in the work being performed by way of implementation of the engagement having been extended to the "Notaris", total compensation to be paid out to the Principal(s) and/or to third parties in connection with the work shall in any event be limited to such amount as the "Notaris" is entitled to receiving, where appropriate, under the professional indemnity insurance augmented by such amount in deductible as the insurance terms stipulate should be borne by the policy holder rather than the insurance company.

4.d The restriction of liability referred to sub (4.c) above shall also apply in the event of liability for errors having been committed by third parties having been enlisted by the "Notaris" resting with the "Notaris" and in the event of failure of equipment, software, data bases, registers or other matters, all of this without exception, having been deployed by the "Notaris" in the performance of the engagement.

4.e The restriction of liability referred to sub (4.c) above shall also apply in the event of the "Notaris" having wrongly withheld her services and damage or loss having occurred as a result.

4.f As the [professional indemnity insurance?] referred to sub (4.c), (4.d) and (4.e) above is also being provided for on behalf of the substitute acting for the "Notaris" and of any of the staff employed by the notarial offices, any such persons may therefore likewise rely on the said professional indemnity insurance.

4.g Netherlands law shall apply to such liability as rests with the "Notaris", with her substitute and with her staff as per (4.f) above, with any disputes exclusively being submitted for adjudication to the competent Dutch court.

Prescription
5. Any rights of action and other powers which the Principal enjoys vis-à-vis the "Notaris" and vis-à-vis any staff employed by the "Notaris" in connection with work performed by the "Notaris" shall in any event lapse on expiry of a 12-month term of the date as at which the Principal first became aware, or could reasonably have been aware, of the existence of such rights and powers.

Enlisting of Third Parties
6. The choice of third parties to be enlisted by the "Notaris" shall where possible be made in consultation with the Principal, subject to due care being taken. No liability for shortcomings on the part of any such third parties shall rest with the "Notaris", and the Principal shall indemnify the "Notaris" for any third-party claims - inclusive of any such charges as the "Notaris" may incur in the process - as may be connected in any way whatsoever to the work having been performed for the Principal's benefit, except where there is a question of intention or gross negligence on the part of the "Notaris".

7. The implementation of engagements having been extended shall exclusively be effected for the benefit of the Principal, with no rights (of claim) whatsoever accruing to any third parties on the basis of the substance of such work as has been performed.

8. Any disclosure by the Principal to third parties of the substance of the work having been performed for its benefit by the "Notaris" shall bring with it the obligation vis-à-vis the "Notaris" to advise any such third party of the work in question having been performed subject to application of these General Business Terms, with any third party being bound by the substance of the said General Business Terms in the event of it making any use whatsoever of the work.

Fees
9. Quotes for commonly occurring work shall be furnished upon request. Elaborate quotes shall remain valid for a three-month term, except where it is stipulated to the contrary. The "Notaris" shall be entitled (periodically) to revise her fees, albeit that this shall not affect any quotes having been issued previously in so far as these are still valid. All quotes are issued on the basis of guide prices. In the event of the "Notaris" devoting a greater than usual number of hours on the performance of an engagement, she shall be entitled to charge on the additional time spent on the engagement, unless she had stipulated otherwise at the time she issued the relevant quote or it had been agreed otherwise. The "Notaris" may charge on any increases in administrative charges or third-party fees having taken effect in the interim in invoices based on quotes she had previously issued. The "Notaris" shall be entitled on inception of the work to request that an advance payment be made and/or to invoice in instalments, and shall also be entitled to charge a fee in the event of an engagement having been extended being subsequently withdrawn.

Term of Payment - Joint and Several Liability
10. A term of payment of 14 days shall apply to all invoices submitted by the "Notaris", with failure to observe this term being deemed to constitute non-performance on the part of the Principal, which shall then owe statutory interest in respect of the outstanding amount(s). All costs associated with the debt collection agency or bailiff enlisted by the "Notaris" shall be for the Principal's account. Where an engagement has been extended by two or more persons, each of these shall have joint and several liability in respect of the due settlement of the relevant notarial fees and disbursements.

Interest Payment
11. In the event of the "Notaris" holding client monies in escrow, every reasonable effort shall be made to ensure that such monies are deposited at the best possible interest rate with one or more of the financial institutions with which the "Notaris" maintains an account. No interest shall be reimbursed in respect of amounts of less than € 10,00.00 that are held in deposit, in the wake of a transaction, for a term of less than two months, whereas any amounts of less than € 10,000.00 that are kept on deposit for a term in excess of two months shall not bear interest for the first two months they are kept on deposit. The administrative charges associated with the deposit shall be charged on to the Principal, to be debited from the deposit. The "Notaris" shall not be at liberty to impose interest conditions commonly accruing to private individuals in respect of their own savings. The level of interest realised by the "Notaris" in respect of client monies shall not be open to debate.

Elektronic Communication
12. In the event of the Principal and the "Notaris" communicating by electronic means of communication, both parties shall reasonably ensure that virus protection is in place. However, neither party shall be liable for a virus or other failure inadvertently affecting the other party. E-mail messages shall be dispatched in non-encrypted form except where it has been agreed to the contrary. Any requests by Principals not to communicate via E-mail shall exclusively be made in writing.