Investors in Iraq IIF Member Since 2005

  SAMPLE OF BANKING AGREEMENT
 
Between:
 
(1) Robert A Sharman t/a Dinar Index.Com
 
and
 
(2) Mr Sample
 
Profit Share & Banking Facilitation Service
 
THIS AGREEMENT is made this th day of 200 :
BETWEEN:
Robert A Sharman of Dinar Index.Com 31 Havenfield Road, Booker, High Wycombe, Buckinghamshire HP12 4TE (“Robert”);
and
Mr Sample Any House,Any Town England (“Mr Sample”).
 
WHEREAS:
A. Mr Sample has acquired Two Hundred million (200, 000, 000) Iraqi Dinar (defined below as “Deposited Money”) from Robert for the sum of One hundred thousand (£100,000) pounds Sterling.
B. Robert hereby acknowledges receipt of the one hundred thousand pounds Sterling from Mr Sample.
C. In order to protect against the possibility of notes becoming void in future,Robert has agreed to allow Mr Sample to deposit the two hundred million (200, 000, 000) Dinar into an Iraqi Bank account in Robert's name on the terms and conditions
agreed under this Agreement.
 
IT IS HEREBY AGREED THAT:
1.Definitions and interpretation
(a) In this Agreement, unless the context requires otherwise:
  (i) headings are for convenience and clarity and do not affect the legal interpretations set out elsewhere in this Agreement;
  (ii) any reference to a statute is a reference to a re-enactment, replacement or modification;
  (iii) words in the singular include the plural and vice versa;
  (iv) and reference to a Clause is to a clause in this Agreement.
 
(b) The following words and expressions have the following meanings in this Agreement:
 “Accounts” means, subject to Clause 5 (b), the Iraqi Account and accounts set out in Clause 4 (b);
 “Mr Samples Money” means the sum of two hundred million (200, 000, 000) Dinar, or the value that this may become in another currency should the Dinar convert to, be replaced by or transfer into another currency during the term of this Agreement;
“Iraqi Account” means the account in the name of R Sharman, belonging to Robert,
account number , held at Bank, Baghdad, Iraq;
“Investment Bank” means the investment bank whose address is at
  Baghdad, Iraq;
2.Deposit into Iraqi Account
In consideration of the sum of £1, Robert hereby agrees to deposit into his Iraqi Account Mr Samples Money.
3.From deposit of Mr Sample’s Money
The parties to this Agreement agree as follows:
  (a) Unless otherwise agreed with Mr Sample in writing, Robert will maintain a sum equivalent to Mr Sample’s Money in Robert's Iraqi Account until otherwise instructed in accordance with Clause 4 (b).
  (b) Robert shall at all times during the term of this Agreement hold Mr Sample’s Money for the benefit of Mr Sample.
  (c) Robert is entitled to all interest arising at all times on the Accounts.
  (d) Robert shall pay any taxes, costs and charges arising on the Accounts with exception of any charge for electronic transfer of money in accordance with the terms and conditions of this Agreement.
4.Instructions to transfer
  The parties to this Agreement agree as follows:
  (a) Robert shall keep Mr Sample apprised promptly of information from time to time which may affect the value of the Mr Sample’s Money by contacting by telephone on 07000 500000
  (b) At a time of Mr Sample’s choosing, and upon Mr Sample’s instruction to Robert, (by any means, including mobile or land based telephone, e- mail or otherwise), Robert will instruct Investment Bank to transfer Mr Sample’s Money to the following
bank account:
 
 
  (c) At all times throughout the duration of this Agreement Robert shall do all things possible to keep open and maintain as operational, the Accounts.
  (d) Robert shall not without the written agreement of Mr Sample’ in accordance with Clause 5 do any act or thing to close or otherwise prevent the operation of,and the ability to transfer any money or monies to and from),the Accounts.
  (e) At all times throughout the duration of this Agreement Robert shall maintain all means of communication that currently exists at the date of this Agreement in order to allow Mr Sample to effect the instruction set out in Clause 4(b).
5.Matters affecting the bank account described in Clause 4 (b) Should anything beyond Robert's control affect or threaten to affect the
ability to operate or transfer money or monies into and out from the bank account described in Clause 4 (b) and the Iraqi Account, Robert shall notify Mr Sample and with the written agreement of Mr Sample and on the terms and conditions agreed with Mr Sample take all reasonable action to:
  (a) endeavour to reinstate normal operation of the Accounts; or
  (b) make transfers to another bank account or bank accounts within the same country or another country.
6.Robert's Fee
  Upon instructions from Mr Sample to transfer Money into the Bank account describedin Clause 4 (b),Robert shall deduct Seven per cent (7%) of the Profit before transferring the balance in accordance with Clause 4 (c ).This deduction shall be made before any capital gains tax or Income tax is deducted and paid by Mr Sample in accordance with Clause 7.
7.Capital Gains and other Taxes
  Mr Sample shall be responsible for any capital gains or Income tax arising in respect of deposited money. Robert shall be responsible for any other taxes for which he may be personally responsible as a result of receiving the fee in Clause 6.
8.Confidentiality
  Both parties shall at all times and following termination of this Agreement keep all details of this Agreement and its contents confidential. This clause shall not apply to material which is required by law or regulation to be disclosed, or which becomes public or is otherwise known by third persons at the time the Agreement is entered into.
9.Term and termination
  This Agreement shall commence on 2008
and with the exception of Clauses that are expressed to survive termination, shall terminate when Mr Sample has received there due entitlement into the bank account described in Clause 4 (c ) in accordance with the terms and conditions of this Agreement.
10.Force majeure
  Subject to Clause 5, neither party will be deemed to be in breach of this Agreement or otherwise liable to the other party as a result of delay, failure to or defective performance of its obligations if and to the extent that the failure, defect or delay arises out of causes beyond the reasonable control of that party.
11.Invalidity and severability
  (a) Each of the provisions of this Agreement is severable and if at any time one or more of those provisions is or becomes invalid, illegal or unenforceable, the validity legality and severability or the remaining provisions will not be affected.
  (b) To the extent that any provision or provisions are or do become invalid, illegal or unenforceable, then the parties will in good faith endeavour to find suitable replacement provisions in order to give as similar an effect to the original provisions as possible, without being invalid, illegal or unenforceable.
12.Contracts (Rights of Third Parties) Act 1999
  The provisions of this Agreement will not be enforceable under the Contracts (Rights of Third Parties) Act 1999 by anyone who is not a party to it.
13.Changes to circumstances
  Each party must promptly inform the other about any material change to their circumstances that may affect any provision or the operation of this Agreement.
14.Law and Jurisdiction
  This Agreement is subject to and shall be construed in accordance with the laws of England and Wales and both parties hereby irrevocably agree:
  (a) that the courts of England and Wales will have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the terms and condition of thisAgreement; and
  (b) to submit to the jurisdiction of such courts and waive any objections to any proceedings in any such courts on the ground of venue or on the ground of that the proceedings have been brought in an inconvenient forum.
We, Robert A Sharman and Mr Samplehereby agree to the terms and conditions of this Agreement:
Signed:

...............................................................................................................................................................................................................................................
............Robert A Sharman t/a Dinar Index.Com Mr Sample……………………........................................................

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