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12. A CGO Service charge shall be treated as a market charge onlyif—
(a)it is granted to a settlement bank by a person for the purpose ofsecuring debts or liabilities of the kind mentioned in section 173(1)(c)of the Act incurred by that person through his use of the CGO Service asa CGO Service member; and
(b)it contains provisions which refer expressly to the CGO.
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