STANDARD TERMS AND CONDITIONS GOVERNING RELATIONS BETWEEN
N.V. ADVOCATENKANTOOR LIM A PO AND ITS CLIENTS
1. The registered office and principal place of business of N.V. Advocatenkantoor Lim A Po is located at Mr. F.H.R. Lim A Postraat 14, Paramaribo, Suriname. In relationships between the company and its clients, this address must be considered the sole domicile of the company.
2. N.V. Advocatenkantoor Lim A Po is a limited liability company, organized and existing under the laws of Suriname, its object being to practice law under the commercial name of "Advocatenkantoor Lim A Po".
3. All commissions, irrespective of whether they have been given to a particular individual empowered by the firm or performing services within its business operations, shall be considered to have been given to Advocatenkantoor Lim A Po, to be carried out exclusively by, or for, and in the name of said firm.
4. Any liability of Advocatenkantoor Lim A Po shall be limited to the amount covered by the professional liability insurance taken out by the company with respect to the relevant case, plus the excess which is not borne by the insurers in accordance with the clauses and terms of the aforementioned insurance(s) laid down in the relevant policy/policies.
If and insofar as no payment is made by the aforementioned insurance(s) for whatever reason, or in the absence of insurance(s) as described, each liability shall be limited to the amount of USD 10.000.-- (ten thousand US dollars), or, if the fee charged by Advocatenkantoor Lim A Po in the relevant case is higher, to that amount, and to a maximum amount of USD 12.500.--(twenty-five thousand US dollars).
5. When subcontracting third parties, Advocatenkantoor Lim A Po will consult with the client in advanceas much as possible, andin any case take the necessary care in the selectionof third parties.
Advocatenkantoor Lim A Po is not liable for failure of third parties to perform.
The client authorizes Advocatenkantoor Lim A Po to accept possible limitations of liability by third parties in the client's name.
6. The client indemnifies Advocatenkantoor Lim A Po against from third parties, including the reasonable costs of legal aid, which in any way are related to the activities that have been performed for the client, unless they can be attributed to or are the result of gross negligence or willful misconduct of the company.
7. Advocatenkantoor Lim A Po as a service provider, as envisaged in Article 1, subparagraph a and d (3) of the Disclosure of Unusual Transactions Act and the same stipulations of the Compulsory Identification of Service Providers Act with regard to the client or the client's successors under universal or singular title, shall not be liable for acts it has committed pursuant to the aforementioned laws, in particular providing information to the Centre for Reporting Unusual Transactions as referred to in the first Act mentioned above, and the client can in no way considersuch acts to be a violation of the company's duty of confidentiality with regard to matters entrusted to it by the client.
8. All clauses contained in these standard terms and conditions have been drawn up in the interest of the shareholders of Advocatenkantoor Lim A Po, as well as the management of said shareholders insofar as they are legal entities, and all those who are gainfully employed by Advocatenkantoor Lim A Po.
9. Generally speaking, the fee will be calculated by multiplying the number of hours worked by the hourly rate, which will be determined annually by Advocatenkantoor Lim A Po. However, in special cases a higher fee may be charged, if the interest of the case justifies it and/or if warranted by the urgency of the activities to be carried out.
In the case of collection charges, a percentage of the collected sum is generally charged as a fee.
10. Advance payments made for the client by Advocatenkantoor Lim A Po will be billed separately.
A percentage of the fee will be charged to cover general office costs (e.g. postage, telephone, fax, e-mail, copies).
11. All amounts referred to above are minus Turnover Tax.
12. Fees may be charged monthly or quarterly or at the completion of services, depending on the nature of the relations with the client, or the nature, scope andlor period of time of the services provided, which will be determined by Advocatenkantoor Lim A Po, unless a different agreement has been made with the client.
The term of payment of the fee is 30 (thirty) days, starting from the date of the account.
In case of default of timely payment, Advocatenkantoor Lim A Po is entitled to charge interest of 1% (one percent) per month.
13. In case of conflict between the English and Dutch texts of these standard terms and conditions, the Dutch text will prevail.
14. The legal relationship between the client and Advocatenkantoor Lim A Po is subjected to Surinamese law.
Disputes shall be exclusively decided by the competent court of Suriname.
These standard terms and conditions have been filed at the Office of the Registrar of the First Cantonal Court on September 19, 2003, and with the Trade Register, held by the Chamber of Commerce and Industry on September 17, 2003 (file no. 35225), and can be sent to interested parties upon request
Paramaribo, September 19, 2003