Common use of Amendments and Terminations Clause in Contracts

Amendments and Terminations. 9.1 The Participant irrevocably delegates to the Custodian the right and power to amend this Agreement. Except as hereafter provided, the Custodian will give the Participant 30 days’ prior written notice of any amendment. In case of a retroactive amendment required by law, the Custodian will provide written notice to the Participant of the amendment within 30 days after the amendment is made, or if later, by the time that notice of the amendment is required to be given under regulations or other guidance provided by the IRS. The Participant shall be deemed to have consented to any such amendment unless the Participant notifies the Custodian to the contrary within 30 days after notice to the Participant and requests a distribution or transfer of the balance of the account. The Custodian’s termination fee shall be applicable to any account so distributed or transferred. 9.2 This Agreement shall terminate upon the complete distribution of the Custodial Account or in the event that a determination is made by the Internal Revenue Service that the Custodial Account does not satisfy the requirements of Section 401(f)(2) of the Code or that contributions thereto are not treated under Section 403(b)(7)(a) of the Code as contributed for annuity contracts. In the event of termination aforesaid, the balance in the Custodial Account shall be distributed to the Participants (or their respective surviving spouses or Beneficiaries, as the case may be) in accordance with their interests in the Custodial Account. 9.3 The provisions of this Agreement are subject to the terms and conditions of separate documents, contracts and agreements, which Participants may enter into with Insurer(s) and/or Custodian(s) as provided herein. To the extent such documents, contracts and/or agreements are inconsistent with the provisions of this Agreement, the provisions of this Agreement, shall govern unless such action would cause this Agreement to fail to continue to qualify under Section 40l(f)(2) of the Code. 9.4 This Agreement shall remain in force until terminated, and either the Participant or the Custodian may terminate this Agreement upon 30 days written notice to the other. Upon termination of this Agreement or resignation by the Custodian as Custodian, Participant hereby agrees to name a successor custodian and notify the Custodian in writing of the name of said successor custodian. In the event that participant does not name a successor custodian, the Custodian shall distribute cash directly and/or reregister the assets in the name of the Participant.

Amendments and Terminations. 9.1 10.1 This Custodial Agreement may be amended by the Sponsor by submit- ting a copy of the amendment to the Participant and the Administrator. The Participant irrevocably hereby delegates to the Custodian Sponsor the right and power to amend this Agreement. Except as hereafter provided, the Custodian will give the Participant 30 days’ prior written notice of any amendment. In case of a retroactive amendment required by law, the Custodian will provide written notice to the Participant of the amendment within 30 days after the amendment is made, or if later, by the time that notice of the amendment is required to be given under regulations or other guidance provided by the IRS. The Participant Custodial Agreement and shall be deemed to have consented to any such amendment. Notwithstanding the above, no amendment unless shall be made by the Sponsor, which shall cause or permit: (a) any part of the assets in the Account to be diverted to purposes other than for the exclusive benefit of the Participant notifies or his Beneficiaries; or (b) except as may be permitted under Section 7.17 herein, any part of such assets to revert to or become the property of the Employer; or (c) any Participant, or his Beneficiary, to be deprived of any benefit to which he was entitled under the Account by reason of contributions made by the Employer prior to such amendment, unless such amendment is necessary either to conform the Account to, or to satisfy the condition of, any law, governmental regulation or ruling, or to permit the Account to meet the requirements; or (d) any responsibilities of the Custodian and Sponsor under the Agreement to the contrary within 30 days after notice to the Participant and requests a distribution or transfer of the balance of the account. The Custodian’s termination fee shall be applicable to any account so distributed or transferredincreased without its written consent. 9.2 10.2 This Custodial Agreement shall terminate upon the complete distribution of the Custodial Account or in the event that a determination is made by the Internal In- ternal Revenue Service that the Custodial Account does not satisfy the requirements require- ments of Section 401(f)(2) of the Code or that contributions thereto are not treated under Section 403(b)(7)(a) of the Code as contributed for annuity contractsCode. In the event of termination as aforesaid, the balance in the Custodial Account shall be distributed to the Participants (or their respective surviving spouses or Beneficiaries, as the case may be) in accordance with their interests in the Custodial Account. 9.3 The provisions of this Agreement are subject to the terms and conditions of separate documents, contracts and agreements, which Participants may enter into with Insurer(s) and/or Custodian(s) as provided herein. To the extent such documents, contracts and/or agreements are inconsistent with the provisions of this Agreement, the provisions of this Agreement, shall govern unless such action would cause this Agreement to fail to continue to qualify under Section 40l(f)(2) of the Code. 9.4 This Agreement shall remain in force until terminated, and either the Participant or the Custodian may terminate this Agreement upon 30 days written notice to the other. Upon termination of this Agreement or resignation by the Custodian as Custodian, Participant hereby agrees to name a successor custodian and notify the Custodian in writing of the name of said successor custodian. In the event that participant does not name a successor custodian, the Custodian shall distribute cash directly and/or reregister the assets in the name of the Participant.

Amendments and Terminations. 9.1 The Participant irrevocably delegates to the Custodian Custo- xxxx the right and power to amend this Agreement. Except as hereafter provided, the Custodian will give the Participant 30 days’ prior written notice of any amendment. In case of a retroactive amendment required by law, the Custodian will provide written notice to the Participant of the amendment within 30 days after the amendment is made, or if later, by the time that notice of the amendment is required to be given under regulations or other guidance provided by the IRS. The Participant shall be deemed to have consented to any such amendment unless the Participant Par- ticipant notifies the Custodian to the contrary within 30 days after notice to the Participant and requests a distribution or transfer of the balance of the account. The Custodian’s termination fee shall be applicable to any account so distributed or transferred. 9.2 This Agreement shall terminate upon the complete distribution of the Custodial Account or in the event that a determination is made by the Internal Revenue Service that the Custodial Account does not satisfy the requirements of Section 401(f)(2) of the Code or that contributions thereto are not treated under Section 403(b)(7)(a) of the Code as contributed for annuity contracts. In the event of termination aforesaid, the balance in the Custodial Account shall be distributed to the Participants (or their respective surviving spouses or Beneficiaries, as the case may be) in accordance with their interests in the Custodial Custo- dial Account. 9.3 The provisions of this Agreement are subject to the terms and conditions of separate documents, contracts con- tracts and agreements, which Participants may enter into with Insurer(s) and/or Custodian(s) as provided herein. To the extent such documents, contracts and/or and/ or agreements are inconsistent with the provisions of this Agreement, the provisions of this Agreement, shall govern unless such action would cause this Agreement to fail to continue to qualify under Section Sec- tion 40l(f)(2) of the Code. 9.4 This Agreement shall remain in force until terminatedtermi- nated, and either the Participant or the Custodian may terminate this Agreement upon 30 days written notice to the other. Upon termination of this Agreement Agree- ment or resignation by the Custodian as Custodian, Participant hereby agrees to name a successor custodian and notify the Custodian in writing of the name of said successor custodian. In the event that participant does not name a successor custodian, the Custodian shall distribute cash directly and/or reregister the assets in the name of the Participant.