Common use of Agreements, Representations, and Warranties of the Beneficiary Clause in Contracts

Agreements, Representations, and Warranties of the Beneficiary. I hereby agree with, and represent and warrant to the Treasurer, the Service Providers, and their respective successor and assigns, as follows: 1. I have received, read, and I understand the Plan Disclosure Statement as currently in effect. I have been given the opportunity to obtain answers to all of my questions concerning the Plan, my STABLE Account, and this Agreement. I acknowledge that there have been no representations or other information about the Plan relied upon in entering into this Agreement, whether oral or written, other than as set forth in the Plan Disclosure Statement and this Agreement. 2. I have accurately and truthfully completed the STABLE Account Application, and any other documentation that I have furnished or will subsequently furnish in connection with the opening or maintenance of, or any withdrawals from, my STABLE Account is, or will be accurate, truthful, and complete, including my status as an Eligible Individual. 3. If I make false statements in connection with opening a STABLE Account or otherwise, the Treasurer and/or the Plan Manager may take such action as the Treasurer and/or the Plan Manager deem necessary or appropriate, including, without limitation, requiring proof of my identity, terminating my STABLE Account, deducting a reasonable penalty from my STABLE Account or requiring that I indemnify the State of Ohio, each of the Service Providers, and/or the Treasurer, and their respective affiliates and agents as discussed under “Indemnity.” I understand that I may face criminal or civil penalties for making false statements under applicable law. 4. I certify that I am opening this STABLE Account in order to provide funds for the Qualified Disability Expenses of the Beneficiary and I understand that this Agreement constitutes the legal, valid, and binding obligation of the Beneficiary. 5. By opening a STABLE Account I am consenting to receive emails from the Treasurer or its designee about the Plan and my STABLE Account. I understand that I may unsubscribe from emails about the Plan at any time. I also understand that even if I unsubscribe from emails about the Plan, the Treasurer reserves the right to send me administrative emails regarding my STABLE Account or accounts in other ABLE programs or as otherwise permitted by law. 6. As of the date that I execute my STABLE Account Application, I have not knowingly made Contributions to an ABLE Account such that (a) my Contributions exceed the annual General or Work Contribution limits or (b) the aggregate balance of my STABLE Account exceeds the Lifetime Account Limit. I will not knowingly make Contributions to my STABLE Account (or direct others to make Contributions to my STABLE Account) now or in the future, such that (a) the Contributions will exceed the annual General or Work Contribution limits in any given year, or (b) the aggregate balance of the STABLE Account will exceed the Lifetime Account Limit. 7. I recognize that the investment of contributions and earnings, if any, in my STABLE Account involves certain risks, and I have taken into consideration and understand the risk factors related to these investments, including, but not limited to, those set forth in the Plan Disclosure Statement.

Agreements, Representations, and Warranties of the Beneficiary. I hereby agree with, and represent and warrant to the Treasurer, the Service Providers, and their respective successor and assigns, as follows: 1. ) I have received, read, and I understand the Plan Disclosure Statement as currently in effect. I have been given the opportunity to obtain answers to all of my questions concerning the Plan, my STABLE Account, and this Agreement. I acknowledge that there have been no representations or other information about the Plan relied upon in entering into this Agreement, whether oral or written, other than as set forth in the Plan Disclosure Statement and this Agreement. 2. ) I have accurately and truthfully completed the STABLE Account Application, and any other documentation that I have furnished or will subsequently furnish in connection with the opening or maintenance of, or any withdrawals from, my STABLE Account is, or will be accurate, truthful, and complete, including my status as an Eligible Individual. 3. ) If I make false statements in connection with opening a STABLE Account or otherwise, the Treasurer and/or the Plan Manager may take such action as the Treasurer and/or the Plan Manager deem necessary or appropriate, including, without limitation, requiring proof of my identity, terminating my STABLE Account, deducting a reasonable penalty from my STABLE Account or requiring that I indemnify the State of Ohio, each of the Service Providers, and/or the Treasurer, and their respective affiliates and agents as discussed under “Indemnity.” I understand that I may face criminal or civil penalties for making false statements under applicable law. 4. ) I certify that I am opening this STABLE Account in order to provide funds for the Qualified Disability Expenses of the Beneficiary Beneficiary, and I understand that this Agreement constitutes the legal, valid, and binding obligation of the Beneficiary. 5. ) By opening a STABLE Account Account, I am consenting to receive emails from the Treasurer or its designee about the Plan and my STABLE Account. I understand that I may unsubscribe from emails about the Plan at any time. I also understand that even if I unsubscribe from emails about the Plan, the Treasurer reserves the right to send me administrative emails regarding my STABLE Account or accounts in other ABLE programs or as otherwise permitted by law. 6. ) As of the date that I execute my STABLE Account Application, I have not knowingly made Contributions to an ABLE Account such that that (a) my Contributions exceed the annual General Standard or ABLE to Work Contribution limits or (b) the aggregate balance of my STABLE Account exceeds the Lifetime Account Limit. I will not knowingly make Contributions to my STABLE Account (or direct others to make Contributions to my STABLE Account) now or in the future, such that (a) the Contributions will exceed the annual General or Work Contribution limits in any given year, or (b) the aggregate balance of the STABLE Account will exceed the Lifetime Account Limit. 7. ) I recognize that the investment of contributions and earnings, if any, in my STABLE Account involves certain risks, and I have taken into consideration and understand the risk factors related to these investments, including, but not limited to, those set forth in the Plan Disclosure Statement. 8) If I am an Authorized Legal Representative acting on behalf of a Beneficiary or the Agent of an Entity acting as an Authorized Legal Representative, each time I make a withdrawal from the STABLE Account I am certifying that: the withdrawal is duly authorized under all applicable law and any governing documents that apply to the STABLE Account and is for the benefit of the Beneficiary and not solely for my own personal benefit or solely for the benefit of a third person. 9) With respect to each Investment Option, I understand and agree that neither contributions to, nor earnings, if any, on my STABLE Account are guaranteed or insured by the FDIC (although the FDIC does insure the BankSafe Product in which the BankSafe Option’s assets are invested within the limits described in the Plan Disclosure Statement), or any person or entity, including but not limited to, the State of Ohio, the Treasurer, the Service Providers, or their respective affiliates, agents, employees, officers, directors, representatives, or successors. I understand and agree that there is no guarantee that the Investment Options or the underlying Mutual Funds’ investment objectives will be achieved. I understand that the State of Ohio, the Treasurer, the Service Providers, or any of their respective affiliates, or any other person or entity are not making any assurances that I will not suffer a loss of any amount invested in my STABLE Account or making assurances that I will receive a particular return of any amount in my STABLE Account. I understand that the Investment Options in the Plan are not debts, liabilities, or obligations of the Treasurer, the State of Ohio, or any political subdivision thereof, nor shall they be deemed to constitute a pledge of the taxing power or the full faith and credit of the State of Ohio or any political subdivision thereof. 10) I understand and agree that federal and state laws are subject to change, sometimes with retroactive effect, and the State of Ohio, the Treasurer, the Service Providers, and their respective affiliates are not making any representation that such federal or state laws will not be changed or repealed. I understand and agree that such changes could have a negative effect on my STABLE Account. 11) I understand and agree that with respect to each Investment Option in the Plan, there is no guarantee or commitment whatsoever from the State of Ohio, the Treasurer, the Service Providers, or any other person or entity that: contributions and investment returns, if any, in this STABLE Account will be sufficient to cover the Qualified Disability Expenses of the Beneficiary. 12) I understand that ▇▇▇▇▇▇ and the other Service Providers will not necessarily continue in their roles for the entire period my STABLE Account is open, and that the Treasurer may retain in the future additional and/or different Service Providers for the Plan. I acknowledge that if this occurs, the Plan may experience a material change to the terms and conditions of the current Agreement, including to the Investment Options offered by the Plan, services provided, and the fees and expenses of the Plan. 13) I understand and agree that I have not been advised by the State of Ohio, the Treasurer, or any other agency or instrumentality of the State of Ohio, the Service Providers, or any of their respective affiliates or any agents or representatives retained in connection with the Plan to invest, or to refrain from investing, in a particular Investment Option. I understand that none of the Plan, the State of Ohio, the Treasurer, the Investment Advisor, the Investment Manager or Sumday can provide me with any investment advice. 14) I understand and agree that the Plan is the record owner of the shares of any underlying investments or Mutual Funds in which each Investment Option is invested and that I will have no right to vote, or direct the voting of, any proxy with respect to such shares. 15) I understand the following regarding the duties of the Treasurer: neither the Treasurer nor its representatives have any duty to me to perform any action other than those specified in this Agreement or the Plan Disclosure Statement. The Treasurer may accept and rely conclusively on any instructions or other communications reasonably believed to have been given by me or another authorized person and may assume that the authority of any other authorized person continues in effect until the Treasurer receives written notice to the contrary. The Treasurer has no duty to determine or advise me of the investment, tax, or other consequences of my actions, or of its actions in following my directions, or of its failing to act in the absence of my directions. My STABLE Account and this Agreement are subject to the rules and regulations as the Treasurer may promulgate in accordance with Ohio law. All decisions and interpretations by the Treasurer and the Plan Manager in connection with the Plan shall be final and binding on me and my Beneficiary and any successors. 16) I understand the following regarding the duties of the Plan Manager and other Service Providers: neither the Plan Manager nor its respective affiliates or agents have a duty to perform any actions, other than those specified in the Plan Disclosure Statement and this Agreement. The Plan Manager may accept and rely conclusively on any instructions or other communications reasonably believed to have been given by me or another authorized person and may assume that the authority of any other authorized person continues in effect until the Plan Manager receives written notice to the contrary. The Service Providers have no duty to determine or advise me of the investment, tax, or other consequences of my actions, or of their actions in following my directions, or of their failing to act in the absence of my directions. I understand that so long as the Service Providers are engaged by the Treasurer to perform services for the Plan, the Service Providers may follow the directives of the Treasurer. When acting in such capacity, the Service Providers shall have no liability to me or my Authorized Legal Representative. 17) I understand that Non-Qualified Withdrawals will be subject to federal and state income taxes and potential penalties. 18) I acknowledge and agree to the fees, charges, or penalties applicable to my STABLE Account, and understand that they may change in the future. 19) I understand that the Plan is intended to be a “qualified ABLE program” under Section 529A of the I RC and that the Plan is intended to receive favorable federal and state tax treatment. I agree that the State of Ohio and the Treasurer may make changes to the Plan, this Agreement, and the Plan Disclosure Statement at any time, including without limitation, if it is determined that such changes are necessary for the continuation of the federal income tax treatment provided by Section 529A of the IRC or the favorable state tax treatment provided by state law or any similar successor legislation. 20) I understand that any information provided in a Partner State Supplement to the Plan Disclosure Statement is provided by or on behalf of the applicable Partner State, and that the Plan, the State of Ohio, the Treasurer, and Sumday are not responsible f or information in a Partner State Supplement and make no representation as to its accuracy or completeness.

Agreements, Representations, and Warranties of the Beneficiary. I hereby agree with, and represent and warrant to the Treasurer, the Service Providers, and their respective successor and assigns, as follows: 1. ) I have received, read, and I understand the Plan Disclosure Statement as currently in effect. I have been given the opportunity to obtain answers to all of my questions concerning the Plan, my STABLE Accountaccount, and this Agreement. I acknowledge that there have been no representations or other information about the Plan relied upon in entering into this Agreement, whether oral or written, other than as set forth in the Plan Disclosure Statement and this Agreement. 2. ) I have accurately and truthfully completed the STABLE Account Applicationaccount application, and any other documentation that I have furnished or will subsequently furnish in connection with the opening or maintenance of, or any withdrawals from, my STABLE Account account is, or will be accurate, truthful, and complete, including my status as an Eligible Individual. 3. ) If I make false statements in connection with opening a STABLE Account account or otherwise, the Treasurer and/or the Plan Manager may take such action as the Treasurer and/or the Plan Manager deem necessary or appropriate, including, without limitation, requiring proof of my identity, terminating my STABLE Accountaccount, deducting a reasonable penalty from my STABLE Account account or requiring that I indemnify the State of Ohio, each of the Service Providers, and/or the Treasurer, and their respective affiliates and agents as discussed under “Indemnity.” I understand that I may face criminal or civil penalties for making false statements under applicable law. 4. ) I certify that I am opening this STABLE Account account in order to provide funds for the Qualified Disability Expenses of the Beneficiary Beneficiary, and I understand that this Agreement constitutes the legal, valid, and binding obligation of the Beneficiary. 5. ) By opening a STABLE Account account, I am consenting to receive emails from the Treasurer or its designee about the Plan and my STABLE Accountaccount. I understand that I may unsubscribe from emails about the Plan at any time. I also understand that even if I unsubscribe from emails about the Plan, the Treasurer reserves the right to send me administrative emails regarding my STABLE Account or accounts in other ABLE programs account or as otherwise permitted by law. 6. ) As of the date that I execute my STABLE Account Applicationaccount application, I have not knowingly made Contributions to an ABLE Account account such that (that a) my Contributions exceed the annual General Standard or ABLE to Work Contribution limits or (or b) the aggregate balance of my STABLE Account account exceeds the Lifetime Account Limit. I will not knowingly make Contributions to my STABLE Account account (or direct others to make Contributions to my STABLE Accountaccount) now or in the future, such that (that a) the Contributions will exceed the annual General or Work Contribution limits in any given year, or (or b) the aggregate balance of the STABLE Account account will exceed the Lifetime Account Limit. 7. ) I recognize that the investment of contributions and earnings, if any, in my STABLE Account account involves certain risks, and I have taken into consideration and understand the risk factors related to these investments, including, but not limited to, those set forth in the Plan Disclosure Statement. 8) If I am an Authorized Legal Representative acting on behalf of a Beneficiary or the Agent of an Entity acting as an Authorized Legal Representative, each time I make a withdrawal from the STABLE account I am certifying that: the withdrawal is duly authorized under all applicable law and any governing documents that apply to the STABLE account and is for the benefit of the Beneficiary and not solely for my own personal benefit or solely for the benefit of a third person. 9) With respect to each Investment Option, I understand and agree that neither contributions to, nor earnings, if any, on my STABLE account are guaranteed or insured by the FDIC (although the FDIC does insure the BankSafe Product in which the BankSafe Option’s assets are invested within the limits described in the Plan Disclosure Statement), or any person or entity, including but not limited to, the State of Ohio, the Treasurer, the Service Providers, or their respective affiliates, agents, employees, officers, directors, representatives, or successors. I understand and agree that there is no guarantee that the Investment Options or the underlying Mutual Funds’ investment objectives will be achieved. I understand that the State of Ohio, the Treasurer, the Service Providers, or any of their respective affiliates, or any other person or entity are not making any assurances that I will not suffer a loss of any amount invested in my STABLE account or making assurances that I will receive a particular return of any amount in my STABLE account. I understand that the Investment Options in the Plan are not debts, liabilities, or obligations of the Treasurer, the State of Ohio, or any political subdivision thereof, nor shall they be deemed to constitute a pledge of the taxing power or the full faith and credit of the State of Ohio or any political subdivision thereof. 10) I understand and agree that federal and state laws are subject to change, sometimes with retroactive effect, and the State of Ohio, the Treasurer, the Service Providers, and their respective affiliates are not making any representation that such federal or state laws will not be changed or repealed. I understand and agree that such changes could have a negative effect on my STABLE account.