Common use of Arbitration Disclosures Clause in Contracts

Arbitration Disclosures. This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, the parties agree as follows: No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the client is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. Arbitration Provision: It is agreed that all controversies or disputes which may arise between you and Introducing Firm, Clearing Agent and any Sub-Advisor (and/or any other agent), (collectively, “us”) concerning any transaction or the construction, performance or breach of this Agreement or any other agreement between us, whether entered into prior to, on, or subsequent to the date of this Agreement, including any controversy concerning whether an issue is arbitrable, shall be determined by arbitration conducted before, and only before, an arbitration panel set up by either the Financial Industry Regulatory Authority ("FINRA") or the New York Stock Exchange, Inc. ("NYSE") in accordance with their respective arbitration procedures. Any of us may initiate arbitration by filing a written claim with the FINRA or the NYSE. Any arbitration under this Agreement will be conducted pursuant to the Federal Arbitration Act and the Laws of the State of New York. The state or federal statute of limitations, statute of repose, non claim statute or any other time bar that would be applicable to any claim filed in a court of competent jurisdiction shall be applicable to any claim filed in arbitration. JURISDICTION—The laws of the State of New York, as applied to agreements signed and to be performed in New York, shall apply and bind the parties in any and all questions arising under this Agreement, including questions of validity, interpretation and performance. REPRESENTATIONS—I represent that I have attained the age of majority under the laws of the state in which I reside, and if I am an employee of any exchange, or of any corporation which any exchange controls, or of a member of any firm registered on any exchange, or of a bank, trust company, insurance company or any corporation, firm or individual engaged in the business or dealing in securities either as broker or principal, that I will abide by the rules of the regulatory agencies and your policies. If at any future time, I become so employed, I will notify you promptly. No one other than the signed has or will have an interest in my account except as I shall advise you in writing. SEVERABILITY—If any provision or condition of this Agreement shall be held to be invalid or unenforceable by any court, regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be valid and enforceable as if any such invalid unenforceable provision or condition were not contained herein. CROSS LIEN—Except for ERISA and IRA Accounts, I hereby grant to you and all your affiliates as security interest in all securities and other property in your possession or in the possession of any of your affiliates in which I have an interest in order to secure any and all indebtedness or any other of my obligations to you or any affiliate. All such securities and other property shall be held as security for the payment of any such obligations or indebtedness in any account with you in which I have an interest and you may, in your discretion, at any time and without prior notice, sell and/or transfer any or all securities and other property in order to satisfy such obligations. In enforcing this lien, you shall have the discretion to determine which securities and property are to be sold and/or which contracts are to be closed. CREDIT CHECK—I authorize you to obtain reports concerning my credit standing and business conduct at your discretion. ELIGIBLE SECURITIES—I understand that you may from time to time declare certain securities as ineligible for margin that you reserve the right, at your sole discretion, not to extend margin on any security for any reason, or that you may change your margin requirements at any time without notice to me. IMPORTANT - SEE MARGIN DISCLOSURE 1. The current selected rate used in the calculation and any changes in such rate during the interest period. 2. The daily net balance of all transactions. This figure is obtained by adding the daily closing settlement balances in our accounts. The net balance in any given account will be determined by adding the opening balance, if any, to any debits created by purchases by us or payment to us and subtracting any credits created by sales or payments by us. 3. Any free credit balance in our cash account (which reduces the daily net debit balance). 4. Any mark-to-the-market as result of a short position, i.e. any credit that appears in our statement due to short sales (including short sales against the box) will be used to reduce any debit balances. Since Clearing Agent must borrow the same security in order to deliver it to the buying broker, this credit is not available to us. Therefore, on a daily basis, the market value of a short sale is debited against our margin balance in order to arrive at an adjusted debit balance for interest purposes. The daily closing price is used to determine any appreciation or depreciation of a security sold short which will, in turn, adjust our daily net balances. This practice is known as "marking-to-the-market." 5. The number of days our account had a debit balance. 6. The adjusted daily debit balance on which interest is charged. 7. The amount of interest, based upon the following formula:

Arbitration Disclosures. This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, the parties agree as follows: No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the client is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. Arbitration Provision: It is agreed that all controversies or disputes which may arise between you and Introducing Firm, Clearing Agent and any Sub-Advisor (and/or any other agent), (collectively, “us”) concerning any transaction or the construction, performance or breach of this Agreement or any other agreement between us, whether entered into prior to, on, or subsequent to the date of this Agreement, including any controversy concerning whether an issue is arbitrable, shall be determined by arbitration conducted before, and only before, an arbitration panel set up by either the Financial Industry Regulatory Authority ("FINRA") or the New York Stock Exchange, Inc. ("NYSE") in accordance with their its respective arbitration procedures. Any of us may initiate arbitration by filing a written claim with the FINRA or the NYSEFINRA. Any arbitration under this Agreement will be conducted pursuant to the Federal Arbitration Act and the Laws of the State of New York. The state or federal statute of limitations, statute of repose, non non-claim statute or any other time bar that would be applicable to any claim filed in a court of competent jurisdiction shall be applicable to any claim filed in arbitration. JURISDICTION—The laws of the State of New York, as applied to agreements signed and to be performed in New York, shall apply and bind the parties in any and all questions arising under this Agreement, including questions of validity, interpretation and performance. REPRESENTATIONS—I represent that I have attained the age of majority under the laws of the state in which I reside, and if I am an employee of any exchange, or of any corporation which any exchange controls, or of a member of any firm registered on any exchange, or of a bank, trust company, insurance company or any corporation, firm or individual engaged in the business or dealing in securities either as broker or principal, that I will abide by the rules of the regulatory agencies and your policies. If at any future time, I become so employed, I will notify you promptly. No one other than the signed has or will have an interest in my account except as I shall advise you in writing. SEVERABILITY—If any provision or condition of this Agreement shall be held to be invalid or unenforceable by any court, regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be valid and enforceable as if any such invalid unenforceable provision or condition were not contained herein. CROSS LIEN—Except for ERISA and IRA Accounts, I hereby grant to you and all your affiliates as security interest in all securities and other property in your possession or in the possession of any of your affiliates in which I have an interest in order to secure any and all indebtedness or any other of my obligations to you or any affiliate. All such securities and other property shall be held as security for the payment of any such obligations or indebtedness in any account with you in which I have an interest and you may, in your discretion, at any time and without prior notice, sell and/or transfer any or all securities and other property in order to satisfy such obligations. In enforcing this lien, you shall have the discretion to determine which securities and property are to be sold and/or which contracts are to be closed. CREDIT CHECK—I authorize you to obtain reports concerning my credit standing and business conduct at your discretion. ELIGIBLE SECURITIES—I understand that you may from time to time declare certain securities as ineligible for margin that you reserve the right, at your sole discretion, not to extend margin on any security for any reason, or that you may change your margin requirements at any time without notice to me. IMPORTANT - SEE MARGIN DISCLOSURE 1. The current selected rate used in the calculation and any changes in such rate during the interest period. 2. The daily net balance of all transactions. This figure is obtained by adding the daily closing settlement balances in our accounts. The net balance in any given account will be determined by adding the opening balance, if any, to any debits created by purchases by us or payment to us and subtracting any credits created by sales or payments by us. 3. Any free credit balance in our cash account (which reduces the daily net debit balance). 4. Any mark-to-the-market as result of a short position, i.e. any credit that appears in our statement due to short sales (including short sales against the box) will be used to reduce any debit balances. Since Clearing Agent must borrow the same security in order to deliver it to the buying broker, this credit is not available to us. Therefore, on a daily basis, the market value of a short sale is debited against our margin balance in order to arrive at an adjusted debit balance for interest purposes. The daily closing price is used to determine any appreciation or depreciation of a security sold short which will, in turn, adjust our daily net balances. This practice is known as "marking-to-the-market." 5. The number of days our account had a debit balance. 6. The adjusted daily debit balance on which interest is charged. 7. The amount of interest, based upon the following formula:

Arbitration Disclosures. This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, the parties agree as follows: No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the client is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. Arbitration Provision: It is agreed that all controversies or disputes which may arise between you and Introducing Firm, Clearing Agent and any Sub-Advisor (and/or any other agent), (collectively, “us”) concerning any transaction or the construction, performance or breach of this Agreement or any other agreement between us, whether entered into prior to, on, or subsequent to the date of this Agreement, including any controversy concerning whether an issue is arbitrable, shall be determined by arbitration conducted before, and only before, an arbitration panel set up by either the Financial Industry Regulatory Authority ("FINRA") or the New York Stock Exchange, Inc. ("NYSE") in accordance with their its respective arbitration procedures. Any of us may initiate arbitration by filing a written claim with the FINRA or the NYSEFINRA. Any arbitration under this Agreement will be conducted pursuant to the Federal Arbitration Act and the Laws of the State of New York. The state or federal statute of limitations, statute of repose, non non-claim statute or any other time bar that would be applicable to any claim filed in a court of competent jurisdiction shall be applicable to any claim filed in arbitration. JURISDICTION—The laws of the State of New York, as applied to agreements signed and to be performed in New York, shall apply and bind the parties in any and all questions arising under this Agreement, including questions of validity, interpretation and performance. REPRESENTATIONS—I represent that I have attained the age of majority under the laws of the state in which I reside, and if I am an employee of any exchange, or of any corporation which any exchange controls, or of a member of any firm registered on any exchange, or of a bank, trust company, insurance company or any corporation, firm or individual engaged in the business or dealing in securities either as broker or principal, that I will abide by the rules of the regulatory agencies and your policies. If at any future time, I become so employed, I will notify you promptly. No one other than the signed has or will have an interest in my account except as I shall advise you in writing. SEVERABILITY—If any provision or condition of this Agreement shall be held to be invalid or unenforceable by any court, regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be valid and enforceable as if any such invalid unenforceable provision or condition were not contained herein. CROSS LIEN—Except for ERISA and IRA ▇▇▇ Accounts, I hereby grant to you and all your affiliates as security interest in all securities and other property in your possession or in the possession of any of your affiliates in which I have an interest in order to secure any and all indebtedness or any other of my obligations to you or any affiliate. All such securities and other property shall be held as security for the payment of any such obligations or indebtedness in any account with you in which I have an interest and you may, in your discretion, at any time and without prior notice, sell and/or transfer any or all securities and other property in order to satisfy such obligations. In enforcing this lien, you shall have the discretion to determine which securities and property are to be sold and/or which contracts are to be closed. CREDIT CHECK—I authorize you to obtain reports concerning my credit standing and business conduct at your discretion. ELIGIBLE SECURITIES—I understand that you may from time to time declare certain securities as ineligible for margin that you reserve the right, at your sole discretion, not to extend margin on any security for any reason, or that you may change your margin requirements at any time without notice to me. IMPORTANT - SEE MARGIN DISCLOSURE 1. The current selected rate used in the calculation and any changes in such rate during the interest period. 2. The daily net balance of all transactions. This figure is obtained by adding the daily closing settlement balances in our accounts. The net balance in any given account will be determined by adding the opening balance, if any, to any debits created by purchases by us or payment to us and subtracting any credits created by sales or payments by us. 3. Any free credit balance in our cash account (which reduces the daily net debit balance). 4. Any mark-to▇▇▇▇-to-the-market as result of a short position, i.e. any credit that appears in our statement due to short sales (including short sales against the box) will be used to reduce any debit balances. Since Clearing Agent must borrow the same security in order to deliver it to the buying broker, this credit is not available to us. Therefore, on a daily basis, the market value of a short sale is debited against our margin balance in order to arrive at an adjusted debit balance for interest purposes. The daily closing price is used to determine any appreciation or depreciation of a security sold short which will, in turn, adjust our daily net balances. This practice is known as "marking-to-the-market." 5. The number of days our account had a debit balance. 6. The adjusted daily debit balance on which interest is charged. 7. The amount of interest, based upon the following formula: