Common use of Availability of Documents to the Executive Clause in Contracts

Availability of Documents to the Executive. In the event the Executive becomes the subject of any form of regulatory action or complaint relating to his period of employment by the Bank, the Executive may request access to such documents and other Bank or affiliate information as is deemed reasonably necessary by the Executive (or his counsel or representative) to the Executive’s defense of such action or complaint. The Bank shall determine, in its sole discretion, what documentation or information to make available; provided, however, that (1) no information or materials constituting “unpublished OTS information” under 12 C.F.R. Section 510.5 shall be provided under any circumstances except in compliance with the provisions thereof, and (2) the Executive and his counsel or representative must first agree to steps acceptable to the Bank (or to any successor of the Bank) to safeguard against unauthorized disclosure of the accessed information. The Executive’s right of access pursuant to this Section 2(d)(i)(G) shall survive any termination of employment regardless of cause.

Availability of Documents to the Executive. In the event the Executive becomes the subject of any form of regulatory action or complaint relating to his period of employment by the Bank, the Executive may request access to such documents and other Bank or affiliate information as is deemed reasonably necessary by the Executive (or his counsel or representative) to the Executive’s defense of such action or complaint. The Bank shall determine, in its sole discretion, what documentation or information to make available; provided, however, that (1i) no information or materials constituting “unpublished OTS information” under 12 C.F.R. Section 510.5 shall be provided under any circumstances except in compliance with the provisions thereof, and (2ii) the Executive and his counsel or representative must first agree to steps acceptable to the Bank (or to any successor of the Bank) to safeguard against unauthorized disclosure of the accessed information. The Executive’s right of access pursuant to this Section 2(d)(i)(G5(g) shall survive any termination of employment regardless of cause.