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Wachovia Bank, National Association ("Wachovia") offers its swaps and other derivative products, services, and transactions solely as principal, and not as an agent, broker, advisor, or fiduciary for its customers. Any agency, brokerage, advisory, or fiduciary service that Wachovia (or any of its affiliates) may otherwise provide to its customers or to their affiliates does not include swaps and other derivative products, services and transactions unless otherwise expressly agreed in writing signed by Wachovia (or the relevant Wachovia affiliate).
For any swaps and other derivative products, services and transactions described in these materials, Wachovia would be acting arms-length as a party to the contract, not as a financial advisor. Therefore, customers are responsible for making their own evaluations of these products, services, and transactions and the risks involved based upon the advice of their own financial, legal, tax, accounting, and other professional advisors. Before entering into swaps or other derivatives, customers should consider whether they are appropriate for them in light of their individual objectives, experience, and other circumstances. While customers can use swaps and other derivatives as an effective hedging tool to reduce or eliminate certain risks associated with an asset or liability, this presumes holding these hedges to maturity and not disposing of the asset or liability during the term of the hedge. Whether they use them for hedging or another purpose, customers should be satisfied that they sufficiently understand the risks, including the risk of loss in the event of early termination of the swap and the risk associated with an early repayment or other disposition of the underlying asset or liability prior to the swap's maturity.
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