Common use of Custodian Acting in Passive Capacity Only Clause in Contracts

Custodian Acting in Passive Capacity Only. We are acting as a passive, directed, and non-discretionary custodian in holding IRA assets. Accordingly, we are not a fiduciary (as this term is defined in the Code, ERISA, or any other applicable federal, state or local laws) with respect to your IRA, and you acknowledge and agree that we are not a fiduciary with respect to your IRA. It is not our responsibility to review the prudence, merits, viability or suitability of any investment directed by you or your investment advisors or to determine whether the investment is acceptable under ERISA, the Code or any other applicable law. We do not offer any investment advice, nor do we endorse any investment, investment product or investment strategy; and we do not endorse any investment advisor, representative, broker, or other party selected by you. We have no responsibility to question or otherwise evaluate any investment directions given by you or by any investment advisor or representative appointed by you. It is your responsibility to perform proper due diligence with regard to any such investment, representative, investment advisor, broker or other party. We will follow the directions of any such investment advisor, representative, broker or other party selected by you, provided you furnish us with written authorization and documentation acceptable to us, which may include a legal opinion. We will be entitled to all the same protections and indemnities in our reliance upon and execution of the directives of such investment advisor or other party as if such directives were given by you. We are under no obligation or duty to investigate, analyze, monitor, verify title to, or otherwise evaluate or perform due diligence for any investment directed by you or your investment advisor, representative or agent; nor are we responsible to notify you or take any action should there be any default or other obligation with regard to any investment. Any review performed by us with respect to an investment is solely for our own purposes of determining compliance with our internal policies, practices and standards, as we determine from time to time and the administrative feasibility of the investment and neither such review nor its acceptance should be construed in any way as an endorsement of any investment, investment company or investment strategy. We also have the right not to effect any transaction/investment that we deem to be beyond the scope of our administrative responsibilities, capabilities, or expertise or that we determine in our sole discretion does not comport with our internal policies, practices, or standards. We have no duty or obligation to notify you with respect to any information, knowledge, irregularities, or our concerns relating to your investment or your investment advisor, broker, agent, promoter, or representative, except as to civil pleadings or court orders received by us. We will use reasonable efforts to acquire or sell investments in accordance with your directions within a reasonable period of time after we have received an investment direction, and we will make reasonable efforts to notify you if we are unable or unwilling to comply with an investment direction. Subject to the foregoing, we will remit funds as directed, but have no responsibility to verify or ensure that such funds have been invested to purchase or acquire the asset selected by you.

Custodian Acting in Passive Capacity Only. We are i. The Custodian is acting solely as a passive, directed, passive custodian to hold the Depositor’s assets and non-discretionary custodian the Custodian shall have no discretion to direct any investment in holding IRA assetsthe Depositor’s Custodial Account. Accordingly, we are the Custodian is not a fiduciary (as this said term is defined in the Internal Revenue Code, The Employee Retirement Income Security Act of 1974 (“ERISA”), or any other applicable federal, state or local laws) with respect to your IRAthe Depositor’s Custodial Account. However, and you acknowledge and agree that we are not through the Custodian’s affiliates, the Custodian may receive a fiduciary commission in connection with respect to your IRAthe unsolicited purchase or sale of publicly-traded securities. ii. It is not our The Custodian shall bear no responsibility to review the prudence, merits, viability or suitability of any investment directed by you or your investment advisors Xxxxxxxxx and/or Depositor’s agent(s) or to determine whether the investment is suitable for the Depositor or acceptable under ERISA, the Internal Revenue Code or any other applicable law. We do The Custodian shall not offer any investment advice, nor do we endorse any investment, investment product or investment strategy; and we do the Custodian does not endorse any investment advisor, representative, broker, or other party selected by youthe Depositor. We The Custodian shall have no responsibility to question or otherwise evaluate any investment directions given by you or the Depositor and/or by any investment advisor or representative representative/agent appointed by youthe Depositor. iii. It is your the Depositor’s sole responsibility to perform proper any and all prudent due diligence with regard to any such investment, representative, investment advisor, broker or other party. We The Custodian will follow the directions of any such investment advisor, representative, broker or other party selected authorized by you, provided you furnish us with written authorization and documentation the Depositor in a manner acceptable to usthe Custodian, which may include a legal opinion. We and the Custodian will be entitled to all the same protections and indemnities in our reliance upon and execution of the directives of such investment advisor agent or other party as if such directives were given by youthe Depositor. iv. We are The Custodian shall be under no obligation or duty to investigate, analyze, monitor, verify title to, or otherwise evaluate or perform due diligence for any investment directed by you or your the Depositor and/or the Depositor’s investment advisor, representative or agent; nor are we shall the Custodian be responsible to notify you the Depositor or take any action should there be any default or other obligation with regard to any investment. . v. Any review performed by us the Custodian with respect to an investment is shall be solely for our the Custodian’s own purposes of determining compliance with our internal policies, practices and standards, as we are determine from time to time and the administrative feasibility of the investment and neither such review nor its acceptance should be construed in any way as an endorsement of any investment, investment company or investment strategy. We The Custodian also have has the right not to effect refuse any transaction/investment that we deem which the Custodian deems, in its sole discretion, to be beyond the scope of our the Custodian’s administrative responsibilities, capabilities, capabilities or expertise or that we determine the Custodian determines in our its sole discretion does not comport with our the Custodian’s internal policies, practices, practices or standards. vi. We The Custodian shall have no duty or obligation to notify you with respect to any information, knowledge, irregularities, irregularities or our concerns relating to your the Depositor’s investment or your the Depositor’s investment advisor, broker, agent, promoter, or representative, except and any failure to do so shall not result in any liability as to civil pleadings or court orders received by usthe Custodian. vii. We The Custodian will use reasonable efforts to acquire or sell investments in accordance with your the Depositor’s directions within a reasonable period of time after we have the Custodian has received an acceptable investment direction, direction and we the Custodian will make reasonable efforts to notify you the Depositor if we are the Custodian is unable or unwilling to comply with an investment direction. Subject to the foregoing, we will the Custodian shall remit funds as directed, but have has no responsibility to verify or ensure assure that such funds have been invested to purchase or acquire the asset selected by youthe Depositor. viii. The Custodian reserves the right to refuse to follow any investment direction made by the Depositor that the Custodian determines may be a violation of any Federal or State Law.

Custodian Acting in Passive Capacity Only. We are i. The Custodian is acting solely as a passive, directed, passive custodian to hold the Depositor’s assets and non-discretionary custodian the Custodian shall have no discretion to direct any investment in holding IRA assetsthe Depositor’s Custodial Account. Accordingly, we are the Custodian is not a fiduciary (as this said term is defined in the Internal Revenue Code, The Employee Retirement Income Security Act of 1974 (“ERISA”), or any other applicable federal, state or local laws) with respect to your IRAthe Depositor’s Custodial Account. However, and you acknowledge and agree that we are not through the Custodian’s affiliates, the Custodian may receive a fiduciary commission in connection with respect to your IRAthe unsolicited purchase or sale of a publicly-traded securities. ii. It is not our The Custodian shall bear no responsibility to review the prudence, merits, viability or suitability of any investment directed by you or your investment advisors Xxxxxxxxx and/or Depositor’s agent(s) or to determine whether the investment is suitable for the Depositor or acceptable under ERISA, the Internal Revenue Code or any other applicable law. We do The Custodian shall not offer any investment advice, nor do we endorse any investment, investment product or investment strategy; and we do the Custodian does not endorse any investment advisor, representative, broker, or other party selected by youthe Depositor. We The Custodian shall have no responsibility to question or otherwise evaluate any investment directions given by you or the Depositor and/or by any investment advisor or representative representative/agent appointed by youthe Depositor. iii. It is your the Depositor’s sole responsibility to perform proper any and all prudent due diligence with regard to any such investment, representative, investment advisor, broker or other party. We The Custodian will follow the directions of any such investment advisor, representative, broker or other party selected authorized by you, provided you furnish us with written authorization and documentation the Depositor in a manner acceptable to usthe Custodian, which may include a legal opinion. We and the Custodian will be entitled to all the same protections and indemnities in our reliance upon and execution of the directives of such investment advisor agent or other party as if such directives were given by youthe Depositor. iv. We are The Custodian shall be under no obligation or duty to investigate, analyze, monitor, verify title to, or otherwise evaluate or perform due diligence for any investment directed by you or your the Depositor and/or the Depositor’s investment advisor, representative or agent; nor are we shall the Custodian be responsible to notify you the Depositor or take any action should there be any default or other obligation with regard to any investment. . v. Any review performed by us the Custodian with respect to an investment is shall be solely for our the Custodian’s own purposes of determining compliance with our internal policies, practices and standards, as we are determine from time to time and the administrative feasibility of the investment and neither such review nor its acceptance should be construed in any way as an endorsement of any investment, investment company or investment strategy. We The Custodian also have has the right not to effect refuse any transaction/investment that we deem which the Custodian deems, in its sole discretion, to be beyond the scope of our the Custodian’s administrative responsibilities, capabilities, capabilities or expertise or that we determine the Custodian determines in our its sole discretion does not comport with our the Custodian’s internal policies, practices, practices or standards. vi. We The Custodian shall have no duty or obligation to notify you with respect to any information, knowledge, irregularities, irregularities or our concerns relating to your the Depositor’s investment or your the Depositor’s investment advisor, broker, agent, promoter, or representative, except and any failure to do so shall not result in any liability as to civil pleadings or court orders received by usthe Custodian. vii. We The Custodian will use reasonable efforts to acquire or sell investments in accordance with your the Depositor’s directions within a reasonable period of time after we have the Custodian has received an acceptable investment direction, direction and we the Custodian will make reasonable efforts to notify you the Depositor if we are the Custodian is unable or unwilling to comply with an investment direction. Subject to the foregoing, we will the Custodian shall remit funds as directed, but have has no responsibility to verify or ensure assure that such funds have been invested to purchase or acquire the asset selected by youthe Depositor. viii. The Custodian reserves the right to refuse to follow any investment direction made by the Depositor that the Custodian determines may be a violation of any Federal or State Law.

Custodian Acting in Passive Capacity Only. We are acting as a passive, directed, and non-discretionary custodian in holding IRA your assets. Accordingly, we are not a fiduciary (as this said term is defined in the Code, ERISA, or any other applicable federal, state or local laws) with respect to your IRAaccount, and you acknowledge and agree that we are not a fiduciary with respect to your IRAaccount. It is not our responsibility to review the prudence, merits, viability viability, or suitability of any investment directed by you or your investment advisors or to determine whether the investment is acceptable under ERISA, the Code Code, or any other applicable law. federal, state or local laws.. We do not offer any investment advice, nor do we endorse any investment, investment product or investment strategy; and we do not endorse any investment advisor, representative, broker, or other party selected by you. We have no responsibility to question or otherwise evaluate any investment directions given by you or by any investment advisor or representative appointed by you. It is your responsibility to perform proper due diligence with regard to any such investment, representative, investment advisor, broker broker, or other party. We will follow the directions of any such investment advisor, representative, broker broker, or other party selected by you, provided you furnish us with written authorization and documentation acceptable to us, which may include a legal opinion. We and we will be entitled to all the same protections and indemnities in our reliance upon and execution of the directives of such investment advisor or other party as if such directives were given by you. We are shall be under no obligation or duty to investigate, analyze, monitor, verify title to, or otherwise evaluate or perform due diligence for any investment directed by you or your investment advisor, representative or agent; nor are shall we be responsible to notify you or take any action should there be any default or other obligation with regard to any investment. Any review performed by us with respect to an investment is shall be solely for our own purposes of determining compliance with our internal policies, practices and standards, as we determine from time to time and the administrative feasibility of the investment and neither such review nor its acceptance should be construed in any way as an endorsement of any investment, investment company or investment strategy. We also have the right not to effect affect any transaction/investment that which we deem to be beyond the scope of our administrative responsibilities, capabilities, capabilities or expertise or that we determine in our sole discretion does not comport with our internal policies, practices, practices or standards. We have no duty or obligation to notify you with respect to any information, knowledge, irregularities, or our concerns relating to your investment or your investment advisor, broker, agent, promoter, or representative, except as to civil pleadings or court orders received by us. We will shall use reasonable efforts to acquire or sell investments in accordance with your directions within a reasonable period of time after we have received an investment direction, direction and we will shall make reasonable efforts to notify you if we are unable or unwilling to comply with an investment direction. Subject to the foregoing, we will shall remit funds as directed, but have no responsibility to verify or ensure assure that such funds have been invested to purchase or acquire the asset selected by you.

Custodian Acting in Passive Capacity Only. We are acting as a passive, directed, and non-discretionary custodian in holding IRA Xxxx XXX assets. Accordingly, we are not a fiduciary (as this term is defined in the Code, ERISA, or any other applicable federal, state or local laws) with respect to your IRAXxxx XXX, and you acknowledge and agree that we are not a fiduciary with respect to your IRAXxxx XXX. It is not our responsibility to review the prudence, merits, viability or suitability of any investment directed by you or your investment advisors or to determine whether the investment is acceptable under ERISA, the Code or any other applicable law. We do not offer any investment advice, nor do we endorse any investment, investment product or investment strategy; and we do not endorse any investment advisor, representative, broker, or other party selected by you. We have no responsibility to question or otherwise evaluate any investment directions given by you or by any investment advisor or representative appointed by you. It is your responsibility to perform proper due diligence with regard to any such investment, representative, investment advisor, broker or other party. We will follow the directions of any such investment advisor, representative, broker or other party selected by you, provided you furnish us with written authorization and documentation acceptable to us, which may include a legal opinion. We will be entitled to all the same protections and indemnities in our reliance upon and execution of the directives of such investment advisor or other party as if such directives were given by you. We are under no obligation or duty to investigate, analyze, monitor, verify title to, or otherwise evaluate or perform due diligence for any investment directed by you or your investment advisor, representative or agent; nor are we responsible to notify you or take any action should there be any default or other obligation with regard to any investment. Any review performed by us with respect to an investment is solely for our own purposes of determining compliance with our internal policies, practices and standards, as we determine from time to time and the administrative feasibility of the investment and neither such review nor its acceptance should be construed in any way as an endorsement of any investment, investment company or investment strategy. We also have the right not to effect any transaction/investment that we deem to be beyond the scope of our administrative responsibilities, capabilities, or expertise or that we determine in our sole discretion does not comport with our internal policies, practices, or standards. We have no duty or obligation to notify you with respect to any information, knowledge, irregularities, or our concerns relating to your investment or your investment advisor, broker, agent, promoter, or representative, except as to civil pleadings or court orders received by us; nor are we responsible to notify you or take any action should there be any default or other obligation with regard to any investment. We will use reasonable efforts to acquire or sell investments in accordance with your directions within a reasonable period of time after we have received an investment direction, and we will make reasonable efforts to notify you if we are unable or unwilling to comply with an investment direction. Subject to the foregoing, we will remit funds as directed, but have no responsibility to verify or ensure that such funds have been invested to purchase or acquire the asset selected by you.

Custodian Acting in Passive Capacity Only. We are acting as a passive, directed, and non-discretionary custodian in holding IRA Xxxx XXX assets. Accordingly, we are not a fiduciary (as this term is defined in the Code, ERISA, or any other applicable federal, state or local laws) with respect to your IRAXxxx XXX, and you acknowledge and agree that we are not a fiduciary with respect to your IRAXxxx XXX. It is not our responsibility to review the prudence, merits, viability or suitability of any investment directed by you or your investment advisors or to determine whether the investment is acceptable under ERISA, the Code or any other applicable law. We do not offer any investment advice, nor do we endorse any investment, investment product or investment strategy; and we do not endorse any investment advisor, representative, broker, or other party selected by you. We have no responsibility to question or otherwise evaluate any investment directions given by you or by any investment advisor or representative appointed by you. It is your responsibility to perform proper due diligence with regard to any such investment, representative, investment advisor, broker or other party. We will follow the directions of any such investment advisor, representative, broker or other party selected by you, provided you furnish us with written authorization and documentation acceptable to us, which may include a legal opinion. We will be entitled to all the same protections and indemnities in our reliance upon and execution of the directives of such investment advisor or other party as if such directives were given by you. We are under no obligation or duty to investigate, analyze, monitor, verify title to, or otherwise evaluate or perform due diligence for any investment directed by you or your investment advisor, representative or agent; nor are we responsible to notify you or take any action should there be any default or other obligation with regard to any investment. Any review performed by us with respect to an investment is solely for our own purposes of determining compliance with our internal policies, practices and standards, as we determine from time to time and the administrative feasibility of the investment and neither such review nor its acceptance should be construed in any way as an endorsement of any investment, investment company or investment strategy. We also have the right not to effect any transaction/investment that we deem to be beyond the scope of our administrative responsibilities, capabilities, or expertise or that we determine in our sole discretion does not comport with our internal policies, practices, or standards. We have no duty or obligation to notify you with respect to any information, knowledge, irregularities, or our concerns relating to your investment or your investment advisor, broker, agent, promoter, or representative, except as to civil pleadings or court orders received by us. We will use reasonable efforts to acquire or sell investments in accordance with your directions within a reasonable period of time after we have received an investment direction, and we will make reasonable efforts to notify you if we are unable or unwilling to comply with an investment direction. Subject to the foregoing, we will remit funds as directed, but have no responsibility to verify or ensure that such funds have been invested to purchase or acquire the asset selected by you.