Continuous Amendments to the Master Regulations

28 18.1.2 The headings have been inserted for convenience only and shall not be used for nor assist nor affect interpretation of these Master Regulations. 18.1.3 The failure to enforce any provision shall not constitute a waiver of such provision or affect in any way the right to require performance of any such provision at any time in the future. 18.2 Consumer Protection Act 18.3 If any part of the Master Regulations and/or the Regulations are regulated by or subject to the Consumer Protection Act, it is not intended that any part of the Master Regulations and/or the Regulations contravene any provision of the Consumer Protection Act. Therefore, all provisions of the Master Regulations and/or the Regulations must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with. 18.4 No provision of the Master Regulations and/or the Regulations: 18.4.1 does or purports to limit or exempt the Trust or any other person or entity from any liability (including, without limitation, for any loss directly or indirectly attributable to gross negligence or willful default or that of any other person acting for or controlled by the Trust) to the extent that the law does not allow such a limitation or exemption; 18.4.2 requires a Member to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or 18.4.3 limits or excludes any warranties or obligations which are implied into the Master Regulations and/or the Regulations by the Consumer Protection Act (to the extent they are applicable), or which the Trust gives under the Consumer Protection Act (to the extent they are applicable), to the extent that the law does not allow them to be limited or excluded. 18.5 Delegation and cession 18.5.1 The Trust shall be entitled to appoint the Administrator to perform administration services in relation to services to be performed in order to give effect to the Regulations.