Common use of Business Continuity Plan Clause in Contracts

Business Continuity Plan. Trust Company has established a business continuity plan that will support its ability to conduct business in the event of a significant business disruption (“SBD”). This plan is reviewed and updated annually, and can be updated more frequently, if deemed necessary by Trust Company in its sole discretion. Should Trust Company be impacted by an SBD, Trust Company aims to minimize business interruption as quickly and efficiently as possible. To receive more information about Trust Company’s business continuity plan, please send a written request to xxxxxxxx@xxxxxxxx.xxx. IN WITNESS WHEREOF, this Agreement is executed as of July 29, 2019. BY: /S/ XXX XXXXXXXXX BY: /S/ XXXXXXX XXXXXXXXXXX NAME: XXX XXXXXXXXX NAME: XXXXXXX XXXXXXXXXXX TITLE: CHIEF EXECUTIVE OFFICER TITLE: MANAGING DIRECTOR BY: GRAYSCALE INVESTMENTS, LLC, THE SPONSOR BY: /S/ XXXXXXX XXXXXXXXXXX NAME: XXXXXXX XXXXXXXXXXX TITLE: MANAGING DIRECTOR APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE Client may not use Client’s Custodial Account to engage in the following categories of activity (“Prohibited Uses”). The Prohibited Uses extend to any third party that gains access to the Custodial Services through Client’s account or otherwise, regardless of whether such third party was authorized or unauthorized by Client to use the Custodial Services associated with the Custodial Account. The specific types of use listed below are representative, but not exhaustive. If Client is uncertain as to whether or not Client’s use of Custodial Services involves a Prohibited Use, or have questions about how these requirements applies to Client, please contact Trust Company at xxxxxxx@xxxxxxxx.xxx. By opening a Custodial Account, Client confirms that Client will not use Client’s Custodial Account to do any of the following: • Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Trust Company conducts business, including, but not limited to, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information or money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, other violent activities or any prohibited market practices. • Abusive Activity: Actions which impose an unreasonable or disproportionately large load on Trust Company’s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Site, other Custodial Accounts, computer systems or networks connected to the Site, through password mining or any other means; use Custodial Account information of another party to access or use the Site; or transfer Client’s Custodial Account access or rights to Client’s Custodial Account to a third party, unless by operation of law or with the express permission of Trust Company.

Appears in 5 contracts

Samples: Custodial Services Agreement (Grayscale Ethereum Classic Trust (ETC)), Custodial Services Agreement (Grayscale Litecoin Trust (LTC)), Custodial Services Agreement (Grayscale Bitcoin Cash Trust (BCH))

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Business Continuity Plan. Trust Company has established a business continuity plan that will support its ability to conduct business in the event of a significant business disruption (“SBD”). This plan is reviewed and updated annually, and can be updated more frequently, if deemed necessary by Trust Company in its sole discretion. Should Trust Company be impacted by an SBD, Trust Company aims to minimize business interruption as quickly and efficiently as possible. To receive more information about Trust Company’s business continuity plan, please send a written request to xxxxxxxx@xxxxxxxx.xxx. IN WITNESS WHEREOF, this Agreement is executed as of July 29, 2019. BY: /S/ /s/ XXX XXXXXXXXX BY: /S/ /s/ XXXXXXX XXXXXXXXXXX NAME: XXX XXXXXXXXX NAME: XXXXXXX XXXXXXXXXXX TITLE: CHIEF EXECUTIVE OFFICER TITLE: MANAGING DIRECTOR BY: GRAYSCALE INVESTMENTS, LLC, THE SPONSOR BY: /S/ /s/ XXXXXXX XXXXXXXXXXX NAME: XXXXXXX XXXXXXXXXXX TITLE: MANAGING DIRECTOR APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE Client may not use Client’s Custodial Account to engage in the following categories of activity (“Prohibited Uses”). The Prohibited Uses extend to any third party that gains access to the Custodial Services through Client’s account or otherwise, regardless of whether such third party was authorized or unauthorized by Client to use the Custodial Services associated with the Custodial Account. The specific types of use listed below are representative, but not exhaustive. If Client is uncertain as to whether or not Client’s use of Custodial Services involves a Prohibited Use, or have questions about how these requirements applies to Client, please contact Trust Company at xxxxxxx@xxxxxxxx.xxx. By opening a Custodial Account, Client confirms that Client will not use Client’s Custodial Account to do any of the following: • Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Trust Company conducts business, including, but not limited to, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information or money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, other violent activities or any prohibited market practices. • Abusive Activity: Actions which impose an unreasonable or disproportionately large load on Trust Company’s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Site, other Custodial Accounts, computer systems or networks connected to the Site, through password mining or any other means; use Custodial Account information of another party to access or use the Site; or transfer Client’s Custodial Account access or rights to Client’s Custodial Account to a third party, unless by operation of law or with the express permission of Trust Company.

Appears in 3 contracts

Samples: Custodial Services Agreement (Grayscale Stellar Lumens Trust (XLM)), Custodial Services Agreement (Grayscale Zcash Trust (ZEC)), Custodial Services Agreement (Grayscale Horizen Trust (ZEN))

Business Continuity Plan. Trust Company has established a business continuity plan that will support its ability to conduct business in the event of a significant business disruption (“SBD”). This plan is reviewed and updated annually, and can be updated more frequently, if deemed necessary by Trust Company in its sole discretion. Should Trust Company be impacted by an SBD, Trust Company aims to minimize business interruption as quickly and efficiently as possible. To receive more information about Trust Company’s business continuity plan, please send a written request to xxxxxxxx@xxxxxxxx.xxx. IN WITNESS WHEREOF, this Agreement is executed as of July 29June , 2019. BY: /S/ XXX XXXXXXXXX BY: /S/ XXXXXXX XXXXXXXXXXX NAME: XXX XXXXXXXXX NAME: XXXXXXX XXXXXXXXXXX TITLE: CHIEF EXECUTIVE OFFICER TITLE: MANAGING DIRECTOR BY: GRAYSCALE INVESTMENTS, LLC, THE SPONSOR BY: /S/ XXXXXXX XXXXXXXXXXX NAME: XXXXXXX XXXXXXXXXXX TITLE: MANAGING DIRECTOR APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE Client may not use Client’s Custodial Account to engage in the following categories of activity (“Prohibited Uses”). The Prohibited Uses extend to any third party that gains access to the Custodial Services through Client’s account or otherwise, regardless of whether such third party was authorized or unauthorized by Client to use the Custodial Services associated with the Custodial Account. The specific types of use listed below are representative, but not exhaustive. If Client is uncertain as to whether or not Client’s use of Custodial Services involves a Prohibited Use, or have questions about how these requirements applies to Client, please contact Trust Company at xxxxxxx@xxxxxxxx.xxx. By opening a Custodial Account, Client confirms that Client will not use Client’s Custodial Account to do any of the following: • Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Trust Company conducts business, including, but not limited to, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information or money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, other violent activities or any prohibited market practices. • Abusive Activity: Actions which impose an unreasonable or disproportionately large load on Trust Company’s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Site, other Custodial Accounts, computer systems or networks connected to the Site, through password mining or any other means; use Custodial Account information of another party to access or use the Site; or transfer Client’s Custodial Account access or rights to Client’s Custodial Account to a third party, unless by operation of law or with the express permission of Trust Company.

Appears in 1 contract

Samples: Custodial Services Agreement (Grayscale Bitcoin Trust (BTC))

Business Continuity Plan. Trust Company has established a business continuity plan that will support its ability to conduct business in the event of a significant business disruption (“SBD”). This plan is reviewed and updated annually, and can be updated more frequently, if deemed necessary by Trust Company in its sole discretion. Should Trust Company be impacted by an SBD, Trust Company aims to minimize business interruption as quickly and efficiently as possible. To receive more information about Trust Company’s business continuity plan, please send a written request to xxxxxxxx@xxxxxxxx.xxx. IN WITNESS WHEREOF, this Agreement is executed as of July June 29, 20192022. BY: /S/ XXX XXXXXXXXX /s/ Xxxxxx Xxxxxxxxxxx NAME: Xxxxxx Xxxxxxxxxxx TITLE: DIRECTOR – INSTITUTIONAL SALES GRAYSCALE INVESTMENTS, LLC BY: /S/ XXXXXXX XXXXXXXXXXX NAME: XXX XXXXXXXXX /s/ Xxxxxxx Xxxxxxxxxxx NAME: XXXXXXX XXXXXXXXXXX TITLE: CHIEF EXECUTIVE OFFICER TITLE: MANAGING DIRECTOR CEO GRAYSCALE FUNDS LISTED IN SCHEDULE C BY: GRAYSCALE INVESTMENTS, LLC, THE SPONSOR BY: /S/ XXXXXXX XXXXXXXXXXX /s/ Xxxxxxx Xxxxxxxxxxx NAME: XXXXXXX XXXXXXXXXXX TITLE: MANAGING DIRECTOR APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE CEO This policy sets forth the limitations concerning Client’s use of Client’s Custodial Account. Trust Company may amend this policy at any time by providing a revised version on Trust Company Site. The revised version will be effective at the time Trust Company posts it. Trust Company will provide Client with prior notice of any material changes via Trust Company Site. Client may not use Client’s Custodial Account to engage in the following categories of activity (“Prohibited Uses”). The Prohibited Uses extend to any third party that gains access to the Custodial Services through Client’s account or otherwise, regardless of whether such third party was authorized or unauthorized by Client to use the Custodial Services associated with the Custodial Account. The specific types of use listed below are representative, but not exhaustive. If Client is uncertain as to whether or not Client’s use of Custodial Services involves a Prohibited Use, or have questions about how these requirements applies to Client, please contact Trust Company at xxxxxxx@xxxxxxxx.xxx. By opening a Custodial Account, Client confirms that Client will not use Client’s Custodial Account to do any of the following: • Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Trust Company conducts business, including, but not limited to, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information or money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, other violent activities or any prohibited market practices. • Abusive Activity: Actions which impose an unreasonable or disproportionately large load on Trust Company’s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Site, other Custodial Accounts, computer systems or networks connected to the Site, through password mining or any other means; use Custodial Account information of another party to access or use the Site; or transfer Client’s Custodial Account access or rights to Client’s Custodial Account to a third party, unless by operation of law or with the express permission of Trust Company.

Appears in 1 contract

Samples: Custodial Services Agreement (Grayscale Filecoin Trust (FIL))

Business Continuity Plan. Trust Company has established a business continuity plan that will support its ability to conduct business in the event of a significant business disruption (“SBD”). This plan is reviewed and updated annually, and can be updated more frequently, if deemed necessary by Trust Company in its sole discretion. Should Trust Company be impacted by an SBD, Trust Company aims to minimize business interruption as quickly and efficiently as possible. To receive more information about Trust Company’s business continuity plan, please send a written request to xxxxxxxx@xxxxxxxx.xxx. IN WITNESS WHEREOF, this Agreement is executed as of July 29, 2019. BY: /S/ XXX XXXXXXXXX BY: /S/ XXXXXXX XXXXXXXXXXX NAME: XXX XXXXXXXXX NAME: XXXXXXX XXXXXXXXXXX TITLE: CHIEF EXECUTIVE OFFICER TITLE: MANAGING DIRECTOR BY: GRAYSCALE INVESTMENTS, LLC, THE SPONSOR MANAGER BY: /S/ XXXXXXX XXXXXXXXXXX NAME: XXXXXXX XXXXXXXXXXX TITLE: MANAGING DIRECTOR APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE Client may not use Client’s Custodial Account to engage in the following categories of activity (“Prohibited Uses”). The Prohibited Uses extend to any third party that gains access to the Custodial Services through Client’s account or otherwise, regardless of whether such third party was authorized or unauthorized by Client to use the Custodial Services associated with the Custodial Account. The specific types of use listed below are representative, but not exhaustive. If Client is uncertain as to whether or not Client’s use of Custodial Services involves a Prohibited Use, or have questions about how these requirements applies to Client, please contact Trust Company at xxxxxxx@xxxxxxxx.xxx. By opening a Custodial Account, Client confirms that Client will not use Client’s Custodial Account to do any of the following: • Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Trust Company conducts business, including, but not limited to, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information or money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, other violent activities or any prohibited market practices. • Abusive Activity: Actions which impose an unreasonable or disproportionately large load on Trust Company’s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Site, other Custodial Accounts, computer systems or networks connected to the Site, through password mining or any other means; use Custodial Account information of another party to access or use the Site; or transfer Client’s Custodial Account access or rights to Client’s Custodial Account to a third party, unless by operation of law or with the express permission of Trust Company.

Appears in 1 contract

Samples: Custodial Services Agreement (Grayscale Digital Large Cap Fund LLC)

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Business Continuity Plan. Trust Company has established a business continuity plan that will support its ability to conduct business in the event of a significant business disruption (“SBD”). This plan is reviewed and updated annually, and can be updated more frequently, if deemed necessary by Trust Company in its sole discretion. Should Trust Company be impacted by an SBD, Trust Company aims to minimize business interruption as quickly and efficiently as possible. To receive more information about Trust Company’s business continuity plan, please send a written request to xxxxxxxx@xxxxxxxx.xxx. IN WITNESS WHEREOF, this Agreement is executed as of July June 29, 20192022. BY: /S/ XXX XXXXXXXXX Xxxxxx Xxxxxxxxxxx NAME: Xxxxxx Xxxxxxxxxxx TITLE: DIRECTOR – INSTITUTIONAL SALES BY: /S/ XXXXXXX XXXXXXXXXXX NAME: XXX XXXXXXXXX Xxxxxxx Xxxxxxxxxxx NAME: XXXXXXX XXXXXXXXXXX TITLE: CHIEF EXECUTIVE OFFICER TITLE: MANAGING DIRECTOR CEO GRAYSCALE FUNDS LISTED IN SCHEDULE C BY: GRAYSCALE INVESTMENTS, LLC, THE SPONSOR BY: /S/ XXXXXXX XXXXXXXXXXX Xxxxxxx Xxxxxxxxxxx NAME: XXXXXXX XXXXXXXXXXX TITLE: MANAGING DIRECTOR CEO APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE This policy sets forth the limitations concerning Client’s use of Client’s Custodial Account. Trust Company may amend this policy at any time by providing a revised version on Trust Company Site. The revised version will be effective at the time Trust Company posts it. Trust Company will provide Client with prior notice of any material changes via Trust Company Site. Client may not use Client’s Custodial Account to engage in the following categories of activity (“Prohibited Uses”). The Prohibited Uses extend to any third party that gains access to the Custodial Services through Client’s account or otherwise, regardless of whether such third party was authorized or unauthorized by Client to use the Custodial Services associated with the Custodial Account. The specific types of use listed below are representative, but not exhaustive. If Client is uncertain as to whether or not Client’s use of Custodial Services involves a Prohibited Use, or have questions about how these requirements applies to Client, please contact Trust Company at xxxxxxx@xxxxxxxx.xxx. By opening a Custodial Account, Client confirms that Client will not use Client’s Custodial Account to do any of the following: • Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Trust Company conducts business, including, but not limited to, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information or money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, other violent activities or any prohibited market practices. • Abusive Activity: Actions which impose an unreasonable or disproportionately large load on Trust Company’s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Site, other Custodial Accounts, computer systems or networks connected to the Site, through password mining or any other means; use Custodial Account information of another party to access or use the Site; or transfer Client’s Custodial Account access or rights to Client’s Custodial Account to a third party, unless by operation of law or with the express permission of Trust Company.

Appears in 1 contract

Samples: Custodial Services Agreement (Grayscale Bitcoin Trust (BTC))

Business Continuity Plan. Trust Company has established a business continuity plan that will support its ability to conduct business in the event of a significant business disruption (“SBD”). This plan is reviewed and updated annually, and can be updated more frequently, if deemed necessary by Trust Company in its sole discretion. Should Trust Company be impacted by an SBD, Trust Company aims to minimize business interruption as quickly and efficiently as possible. To receive more information about Trust Company’s business continuity plan, please send a written request to xxxxxxxx@xxxxxxxx.xxx. IN WITNESS WHEREOF, this Agreement is executed as of July 29, 2019. BY: /S/ XXX XXXXXXXXX /s/ Xxx XxXxxxxxx BY: /S/ XXXXXXX XXXXXXXXXXX /s/ Xxxxxxx Xxxxxxxxxxx NAME: XXX XXXXXXXXX NAME: XXXXXXX XXXXXXXXXXX TITLE: CHIEF EXECUTIVE OFFICER TITLE: MANAGING DIRECTOR BY: GRAYSCALE INVESTMENTS, LLC, THE SPONSOR BY: /S/ XXXXXXX XXXXXXXXXXX /s/ Xxxxxxx Xxxxxxxxxxx NAME: XXXXXXX XXXXXXXXXXX TITLE: MANAGING DIRECTOR APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE Client may not use Client’s Custodial Account to engage in the following categories of activity (“Prohibited Uses”). The Prohibited Uses extend to any third party that gains access to the Custodial Services through Client’s account or otherwise, regardless of whether such third party was authorized or unauthorized by Client to use the Custodial Services associated with the Custodial Account. The specific types of use listed below are representative, but not exhaustive. If Client is uncertain as to whether or not Client’s use of Custodial Services involves a Prohibited Use, or have questions about how these requirements applies to Client, please contact Trust Company at xxxxxxx@xxxxxxxx.xxx. By opening a Custodial Account, Client confirms that Client will not use Client’s Custodial Account to do any of the following: • Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Trust Company conducts business, including, but not limited to, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information or money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, other violent activities or any prohibited market practices. • Abusive Activity: Actions which impose an unreasonable or disproportionately large load on Trust Company’s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Site, other Custodial Accounts, computer systems or networks connected to the Site, through password mining or any other means; use Custodial Account information of another party to access or use the Site; or transfer Client’s Custodial Account access or rights to Client’s Custodial Account to a third party, unless by operation of law or with the express permission of Trust Company.

Appears in 1 contract

Samples: Custodial Services Agreement (Grayscale Bitcoin Trust (BTC))

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