Common use of Custodian's Fees and Expenses Clause in Contracts

Custodian's Fees and Expenses. (a) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to receive any and all fees specified in the Custodian's current published fee schedule for establishing and maintaining this Xxxxxxxxx ESA, including, but not limited to, any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESA. The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) 30 days prior written notice. (b) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to reimbursement for any expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (c) All such fees, taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual shall be responsible for any deficiency. (d) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the Custodial Funds, the Custodian reserves the right to withhold any payment from the Custodial Account, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account for any expenses incurred in obtaining such legal determination.

Appears in 12 contracts

Samples: Fully Disclosed Clearing Agreement, Coverdell Education Savings Account Agreement, Coverdell Education Savings Account Agreement

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Custodian's Fees and Expenses. (a) The Depositor, Designated Beneficiary and Responsible Individual agree that Depositor agrees to pay the Custodian shall be entitled to receive any and all fees specified in the Custodian's current published fee schedule for establishing and maintaining this Xxxxxxxxx ESAXxxx XXX, including, including but not limited to, to any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAXxxx XXX. The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Depositor 30 days prior written notice. (b) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled Depositor agrees to reimbursement for pay any expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (c) All such fees, taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual Depositor shall be responsible for any deficiency. (d) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the Custodial Funds, the Custodian reserves the right to withhold any payment from the Custodial Account, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account for any expenses incurred in obtaining such legal determination.

Appears in 8 contracts

Samples: Custodial Agreement & Disclosure Statement, Custodial Agreement & Disclosure Statement, Custodial Agreement & Disclosure Statement

Custodian's Fees and Expenses. (a) The Depositor, Designated Beneficiary and Responsible Individual agree that Depositor agrees to pay the Custodian shall be entitled to receive any and all fees specified in the Custodian's current published fee schedule for establishing and maintaining this Xxxxxxxxx ESAIRA, including, but not limited to, including any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAIRA. The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Depositor 30 days prior written notice. (b) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled Depositor agrees to reimbursement for pay any expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, a valuation fee from a qualified independent third party appraiser pursuant to section 8.02, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (c) All such fees, taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual Depositor shall be responsible for any deficiency. (d) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the Custodial Funds, the Custodian reserves the right to withhold any payment from the Custodial Accountaccount, to request a court ruling to determine the disposition of the Custodial account assets, and to charge the Custodial Account account for any expenses incurred in obtaining such legal determination.

Appears in 6 contracts

Samples: Individual Retirement Custodial Account Agreement, Individual Retirement Custodial Account Agreement, Individual Retirement Custodial Account Agreement

Custodian's Fees and Expenses. (a) The Depositor, Designated Beneficiary and Responsible Individual agree that Depositor agrees to pay the Custodian shall be entitled to receive any and all fees specified in the Custodian's current published fee schedule for establishing and maintaining this Xxxxxxxxx ESAIRA, including, but not limited to, including any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAIRA. The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Depositor 30 days prior written notice. (b) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled Depositor agrees to reimbursement for pay any expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, a valuation fee from a qualified independent third party appraiser, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (c) All such fees, taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual Depositor shall be responsible for any deficiency. (d) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the Custodial Funds, the Custodian reserves the right to withhold any payment from the Custodial Accountaccount, to request a court ruling to determine the disposition of the Custodial account assets, and to charge the Custodial Account account for any expenses incurred in obtaining such legal determination.

Appears in 5 contracts

Samples: Custodial Agreement, Custodial Agreement, Custodial Agreement

Custodian's Fees and Expenses. (a) This Section 8.5 of the Custodial Agreement shall be governed by the requirements of Section 408(p)(7) and IRS Notice 98-4, Section J, and is further explained in the accompanying SIMPLE IRA Disclosure Statement. (b) The Depositor, Designated Beneficiary and Responsible Individual agree that Participant agrees to pay the Custodian shall be entitled to receive any and all fees specified in the Custodian's current published fee schedule for establishing and maintaining this Xxxxxxxxx ESASIMPLE IRA, including, but not limited to, including any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESASIMPLE IRA. The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Participant 30 days prior written notice. (bc) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled Participant agrees to reimbursement for pay any expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (cd) All such fees, taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible IndividualParticipant, but the Depositor, Designated Beneficiary and Responsible Individual Participant shall be responsible for any deficiency. (de) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the Custodial Funds, the Custodian reserves the right to withhold any payment from the Custodial AccountCustodial, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account for any expenses incurred in obtaining such legal determination.

Appears in 4 contracts

Samples: Simple Ira Custodial Agreement, Traditional Individual Retirement Custodial Agreement, Simple Ira Custodial Agreement

Custodian's Fees and Expenses. (a) The Depositor, Designated Beneficiary and Responsible Individual agree that Depositor agrees to pay the Custodian shall be entitled to receive any and all fees specified in the Custodian's current published fee schedule for establishing and maintaining this Xxxxxxxxx ESAIRA, including, but not limited to, including any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAIRA. The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Depositor 30 days prior written notice. (b) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled Depositor agrees to reimbursement for pay any expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (c) All such fees, taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual Depositor shall be responsible for any deficiency. (d) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the Custodial Funds, the Custodian reserves the right to withhold any payment from the Custodial Accountaccount, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account account for any expenses incurred in obtaining such legal determination.

Appears in 4 contracts

Samples: Individual Retirement Custodial Account Agreement, Individual Retirement Custodial Account Agreement, Individual Retirement Custodial Account Agreement

Custodian's Fees and Expenses. (a) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to receive any and all fees specified in the Custodian's ’s current published fee schedule for establishing and maintaining this Xxxxxxxxx ESAAccount, including, but not limited to, any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAAccount. The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) 30 days prior written notice. (ba) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to reimbursement for any expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (cb) All such fees, taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual shall be responsible Responsible for any deficiency. (dc) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the Custodial Fundscustodial funds, the Custodian reserves the right to withhold any payment from the Custodial Account, to request a court ruling to determine the disposition of the Custodial custodial assets, and to charge the Custodial Account for any expenses incurred in obtaining such legal determination.

Appears in 4 contracts

Samples: Coverdell Education Savings Account Custodial Agreement, Coverdell Education Savings Account Custodial Agreement, Coverdell Education Savings Account Custodial Agreement

Custodian's Fees and Expenses. (a) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to receive any and all fees specified in the Custodian's current published fee schedule for establishing and maintaining this Xxxxxxxxx ESAAccount, including, but not limited to, any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAAccount. The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) 30 days prior written notice. (ba) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to reimbursement for any expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (cb) All such fees, taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual shall be responsible Responsible for any deficiency. (dc) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the Custodial Fundscustodial funds, the Custodian reserves the right to withhold any payment from the Custodial Account, to request a court ruling to determine the disposition of the Custodial custodial assets, and to charge the Custodial Account for any expenses incurred in obtaining such legal determination.

Appears in 2 contracts

Samples: Coverdell Education Savings Account Application & Adoption Agreement, Coverdell Education Savings Account Custodial Agreement

Custodian's Fees and Expenses. (a) This Section 8.05 of the Custodial Agreement shall be governed by the requirements of Section 408(p)(7) and IRS Notice 98-4, Section J, and is further explained in the accompanying SIMPLE IRA Disclosure Statement. (b) The Depositor, Designated Beneficiary and Responsible Individual agree that Participant agrees to pay the Custodian shall be entitled to receive any and all fees specified in the Custodian's ’s current published fee schedule for establishing and maintaining this Xxxxxxxxx ESASIMPLE IRA, including, but not limited to, including any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESASIMPLE IRA. The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Participant 30 days prior written notice. (bc) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled Participant agrees to reimbursement for pay any expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses include, but are not limited to, administrative ad ministrative expenses, such as legal and accounting fees, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (cd) All such fees, taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible IndividualParticipant, but the Depositor, Designated Beneficiary and Responsible Individual Participant shall be responsible for any deficiency. (de) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the Custodial Funds, the Custodian reserves the right to withhold any payment from the Custodial AccountCustodial, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account for any expenses incurred in obtaining such legal determination.

Appears in 2 contracts

Samples: Simple Ira Custodial Account Agreement, Simple Ira Custodial Account Agreement

Custodian's Fees and Expenses. (a) 1. The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to receive any and all reasonable fees specified in the Custodian's current published fee schedule for establishing and maintaining this Xxxxxxxxx ESAthe Custodial Account, including, but not limited to, any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAthe Custodial Account. The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Individual 30 days days’ prior written notice. (b) 2. The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to reimbursement for any reasonable expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses includeCustodial Account, but are not limited to, including without limitation administrative expenses, such as legal and accounting fees, expenses incurred in connection with the proceeding described in Section H.4. below, and any taxes of any kind whatsoever that may be levied or assessed with respect to such accountthe Custodial Account. (c) All such fees, taxes, and other administrative expenses charged to the account shall be collected either 3. The Custodian may deduct from the assets in the account or from Custodial Account and any contributions to or and distributions from the Custodial Account, and transfer to its own account, amounts equal to the fees and reimbursable expenses it is entitled to receive if such account if amounts are not paid by the DepositorContributor, Responsible Individual or Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Beneficiary. The Responsible Individual shall be remain responsible for any deficiencyfees and reimbursable expenses the Custodian is not able to recover from such sources. (d) 4. In the event that that, for any reason reason, the Custodian is not certain as to who is entitled to receive all or part of the proceeds of the Custodial FundsAccount, the Custodian reserves the right to withhold any payment from the Custodial Account, and to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account for any expenses incurred in obtaining such legal determinationproceeds.

Appears in 2 contracts

Samples: Coverdell Education Savings Account Custodial Agreement, Coverdell Education Savings Account Custodial Agreement

Custodian's Fees and Expenses. (a) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to receive any and all reasonable fees specified in the Custodian's current published fee schedule for establishing and maintaining this Xxxxxxxxx ESAthe Custodial Account, including, but not limited to, any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAthe Custodial Account ("Fees"). The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Individual 30 days prior written notice. (b) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to reimbursement for any reasonable expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses includeCustodial Account, but are not limited to, including without limitation administrative expenses, such as legal and accounting fees, expenses incurred in connection with the proceeding described in subsection (d) below, and any taxes of any kind whatsoever that may be levied or assessed with respect to such accountaccount ("Reimbursable Expenses"). (c) All such fees, taxes, and other administrative expenses charged to the account shall be collected either The Custodian may deduct from the assets in the account or from Custodial Account and any contributions to or and distributions from the Custodial Account, and transfer to its own account, amounts equal to the Fees and Reimbursable Expenses it is entitled to receive if such account if amounts are not paid by the Depositor, the Designated Beneficiary or the Responsible Individual, but the . The Depositor, Designated Beneficiary and Responsible Individual shall be remain responsible for any deficiencyFees and Reimbursable Expenses the Custodian is not able to recover from such sources. (d) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the proceeds of the Custodial FundsAccount, the Custodian reserves the right to withhold any payment from the Custodial Account, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account for any expenses incurred in obtaining such legal determinationproceeds.

Appears in 2 contracts

Samples: Coverdell Education Savings Account Custodial Agreement, Coverdell Education Savings Account Custodial Agreement

Custodian's Fees and Expenses. (a) The DepositorDepositor agrees that any income generated from cash in the Custodial Account that is not specifically invested by Depositor pursuant to Section 12.01 below shall be retained by Custodian as compensation for the services provided by Custodian under this Agreement. In addition, Designated Beneficiary and Responsible Individual agree that the Custodian reserves the right to change all or part of the Custodial Fee Schedule at its discretion with 30 days advance notice. (b) Administrator shall be entitled invoice Depositor directly for any Administrative Services, and Depositor agrees to receive any and all fees specified in the Custodian's current published fee schedule for establishing and maintaining this Xxxxxxxxx ESApay such fees, including, but not limited to, including any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAHSA. The Custodian or Administrator may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Depositor 30 days prior written notice. (bc) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled Depositor agrees to reimbursement for pay any expenses incurred by the Custodian and Administrator in the performance of its their duties in connection with the account. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (cd) All such feesfees (including Custodial Fees), taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual Depositor shall be responsible for any deficiency. (de) In the event that for any reason the Custodian or Administrator is not certain as to who is entitled to receive all or part of the Custodial Funds, the Custodian or Administrator reserves the right to withhold any payment from the Custodial Accountaccount, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account account for any expenses incurred in obtaining such legal determination.

Appears in 2 contracts

Samples: Health Savings Custodial Account, Health Savings Custodial Account

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Custodian's Fees and Expenses. (a) The Depositor, Account Owner or Designated Beneficiary and Responsible Individual agree that agrees to pay the Custodian shall be entitled to receive any and all fees specified in the Custodian's current published fee schedule for establishing and maintaining this Xxxxxxxxx ESAthe Custodial Account, including, but not limited to, including any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAthe Custodial Account. The Custodian may change its fee schedule at any time by giving the Account Owner or Designated Beneficiary (or Responsible Individual) 30 days prior written notice. (b) The Depositor, Account Owner or Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled agrees to reimbursement for pay any expenses incurred by the Custodian in the performance of its duties in connection with the accountCustodial Account. Such expenses include, but are not limited to, administrative expenses, such as legal and fees, accounting fees, valuation fees from a qualified independent third party appraiser, regulatory fees and any taxes or assessments of any kind whatsoever that may be levied or assessed with respect to such accountCustodial Account. (c) All such fees, taxes, and other administrative expenses charged to the account Custodial Account shall be collected either from the assets in the account Custodial Account or from any contributions to or distributions from such account Custodial Account if not paid by the Depositor, Account Owner or Designated Beneficiary or Responsible IndividualBeneficiary, but the Depositor, Account Owner or Designated Beneficiary and Responsible Individual shall be responsible for any deficiency. (d) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the assets in the Custodial FundsAccount, the Custodian reserves the right to withhold any payment from the Custodial Account, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account for any expenses incurred in obtaining such legal determination. (e) The Custodian shall be entitled to receive, from the assets held in the Custodial Account, a fee equal in amount to all income that is generated from any Undirected Cash (defined as any cash in the Custodial Account not invested pursuant to a specific investment direction by Account Beneficiary or Designated Beneficiary) which has been deposited by Custodian into FDIC or other United States government insured financial institutions, United States government securities, or securities that are insured or guaranteed by the United States government, as provided in Section 12.01(b) of this Custodial Agreement. Custodian’s fees from the Undirected Cash in the Custodial Account are associated with cash management activities, including, but not limited to, account maintenance, depository bank selection, transaction processing, sub- accounting, record keeping, and other services performed under the terms of this Custodial Agreement. Custodian retains the right, but does not have the obligation, to reduce this fee by rebating a portion of the fee into the Custodial Account. The Account Owner or Designated Beneficiary agrees that this fee may be retained by the Custodian as compensation for the services provided by Custodian under this Custodial Agreement. The Custodian reserves the right to change all or part of the fee schedule at its discretion with 30 days advance written notice to Account Owner or Designated Beneficiary.

Appears in 1 contract

Samples: Health Savings Account Custodial Agreement

Custodian's Fees and Expenses. (a) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to receive any and all fees specified receive, from the assets held in the Custodial Account, a fee equal in amount to all income that is generated from cash in the Custodial Account that is not invested pursuant to a specific direction from the Depositor, as provided in Section 10.01 below. The Depositor agrees that this fee may be retained by the Custodian as compensation for the services provided by Custodian under this Agreement. The Custodian may pay all or an agreed portion of this fee to the Administrator as agreed between the Custodian and the Administrator. The Custodian reserves the right to change all or part of the Custodial Fee Schedule at its discretion with 30 days advance notice. (b) In addition to any portion of the Custodian's current published ’s fee that the Administrator receives from the Custodian as provided in Section 9.06(a), the Administrator shall be entitled to fees for distributions from, transfers from, and terminations of this XXX, in accordance with a fee schedule provided by the Administrator to the Depositor. Administrator shall invoice Depositor directly for establishing any Administrative Services, and maintaining this Xxxxxxxxx ESADepositor agrees to pay such fees, including, but not limited to, including any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAXXX. The Custodian or Administrator may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Depositor 30 days prior written notice. (bc) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled Depositor agrees to reimbursement for pay any expenses incurred by the Custodian and Administrator in the performance of its their duties in connection with the account. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (cd) All such feesfees (including Custodial Fees), taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual Depositor shall be responsible for any deficiency. (de) In the event that for any reason the Custodian or Administrator is not certain as to who is entitled to receive all or part of the Custodial Funds, the Custodian or Administrator reserves the right to withhold any payment from the Custodial Account, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account for any expenses incurred in obtaining such legal determination.

Appears in 1 contract

Samples: Roth Individual Retirement Custodial Account Agreement

Custodian's Fees and Expenses. (a) The Depositor, Designated Beneficiary and Responsible Individual agree that Depositor agrees to pay the Custodian shall be entitled to receive any and all fees specified in the Custodian's current published fee schedule for establishing and maintaining this Xxxxxxxxx ESACustodial Account, including, but not limited to, including any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESACustodial Account. The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Depositor 30 days prior written notice. (b) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled Depositor agrees to reimbursement for pay any expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses include, but are not limited to, administrative expenses, such as legal and fees, accounting fees, valuation fees from a qualified independent third party appraiser, regulatory fees and any taxes or assessments of any kind whatsoever that may be levied or assessed with respect to such account. (c) All such fees, taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual Depositor shall be responsible for any deficiency. Effective November 1, 2018, where the Custodial Account does not contain enough liquid assets to pay the applicable fees/expenses, the credit card on file with the Custodian shall be used for such fees/expenses. (d) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the assets in the Custodial FundsAccount, the Custodian reserves the right to withhold any payment from the Custodial Account, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account for any expenses incurred in obtaining such legal determination. (e) The Custodian shall be entitled to receive, from the assets held in the Custodial Account, a fee equal in amount to all income that is generated from any Undirected Cash (defined as any cash in the Custodial Account not invested pursuant to a specific investment direction by Depositor) which has been deposited by Custodian into FDIC or other United States government insured financial institutions, United States government securities, or securities that are insured or guaranteed by the United States government, as provided in Section 9.01(b) below. Custodian’s fees from the Undirected Cash in the Custodial Account are associated with cash management activities, including, but not limited to, account maintenance, depository bank selection, transaction processing, sub-accounting, record keeping, and other services performed under the terms of this Agreement. Custodian retains the right, but does not have the obligation, to reduce this fee by rebating a portion of the fee into the Custodial Account. The Depositor agrees that this fee may be retained by the Custodian as compensation for the services provided by Custodian under this Agreement. The Custodian reserves the right to change all or part of the Custodial Fee Schedule at its discretion with 30 days advance written notice to Depositor.

Appears in 1 contract

Samples: Simplified Employee Pension—individual Retirement Accounts Contribution Agreement

Custodian's Fees and Expenses. (a) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled to receive any and all fees specified receive, from the assets held in the Custodial Account, a fee equal in amount to all income that is generated from cash in the Custodial Account that is not invested pursuant to a specific direction from the Depositor, as provided in Section 9.01 below. The Depositor agrees that this fee may be retained by the Custodian as compensation for the services provided by Custodian under this Agreement. The Custodian may pay all or an agreed portion of this fee to the Administrator as agreed between the Custodian and the Administrator. The Custodian reserves the right to change all or part of the Custodial Fee Schedule at its discretion with 30 days advance notice. (b) In addition to any portion of the Custodian's current published ’s fee schedule for establishing and maintaining this Xxxxxxxxx ESAthat the Administrator receives from the Custodian as provided in Section 8.06(a), including, but not limited to, any the Administrator shall be entitled to fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAXXX, in accordance with a fee schedule provided by the Administrator to the Depositor. Administrator shall invoice Depositor directly for these services, and Depositor agrees to pay such fees. The Custodian or Administrator may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Depositor 30 days day’s prior written notice. (bc) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled Depositor agrees to reimbursement for pay any expenses incurred by the Custodian and Administrator in the performance of its their duties in connection with the accountCustodial Account. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (cd) All such feesfees (including Custodial Fees), taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual Depositor shall be responsible for any deficiency. (de) In the event that for any reason the Custodian or Administrator is not certain as to who is entitled to receive all or part of the assets of the Custodial FundsAccount, the Custodian or Administrator reserves the right to withhold any payment from the Custodial Account, to request a court ruling to determine the disposition of the Custodial Account assets, and to charge the Custodial Account for any expenses incurred in obtaining such legal determination.

Appears in 1 contract

Samples: Traditional Individual Retirement Custodial Account Agreement

Custodian's Fees and Expenses. (a) The Depositor, Designated Beneficiary and Responsible Individual agree that Depositor agrees to pay the Custodian shall be entitled to receive any and all fees specified in the Custodian's current published fee schedule for establishing es tablishing and maintaining this Xxxxxxxxx ESAIRA, including, but not limited to, including any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAIRA. The Th e Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Depositor 30 days prior written notice. (b) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled Depositor agrees to reimbursement for pay any expenses incurred by the Custodian in the performance of its duties in connection with the accountac count. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (c) All such fees, taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual Depositor shall be responsible respons ible for any deficiency. (d) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the Custodial Funds, the Custodian reserves the right to withhold any payment from the Custodial Accountaccount, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account account for any expenses incurred in obtaining such legal determination.

Appears in 1 contract

Samples: Traditional and Roth Individual Retirement Account Custodial Agreement

Custodian's Fees and Expenses. (a) The Depositor, Designated Beneficiary and Responsible Individual agree that Depositor agrees to pay the Custodian shall be entitled to receive any and all fees specified in the Custodian's ’s current published fee schedule for establishing and maintaining this Xxxxxxxxx ESAXxxx XXX, including, including but not limited to, to any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESAXxxx XXX. The Custodian may change its fee schedule at any time by giving the Designated Beneficiary (or Responsible Individual) Depositor 30 days days’ prior written notice. (b) The Depositor, Designated Beneficiary and Responsible Individual agree that the Custodian shall be entitled Depositor agrees to reimbursement for pay any expenses incurred by the Custodian in the performance of its duties in connection with the account. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, and any taxes of any kind whatsoever that may be levied or assessed with respect to such account. (c) All such fees, taxes, and other administrative expenses charged to the account shall be collected either from the assets in the account or from any contributions to or distributions from such account if not paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual Depositor shall be responsible for any deficiency. Notwithstanding any provision in this Custodial Agreement to the contrary, the Depositor herby acknowledges that the Custodian is authorized, with or without advanced direction from the Depositor, to liquidate such investments as are necessary to deduct from and charge against the Custodial Account all such fees, taxes and other administrative expenses not paid by the Depositor. (d) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the Custodial Funds, the Custodian reserves the right to withhold any payment from the Custodial Accountaccount, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial Account account for any expenses incurred in obtaining such legal determination.

Appears in 1 contract

Samples: Roth Individual Retirement Account Custodial Agreement

Custodian's Fees and Expenses. (a) The DepositorIn consideration of its services hereunder, Designated Beneficiary and Responsible Individual agree that the Custodian shall receive a fee in such amount, as the Custodian shall establish from time to time. In addition, upon termination including transfer) of the Account a fee shall be charged in such amount, as the Custodian shall establish from time to time. If the fee is not received, the Custodian is entitled to receive liquidate enough shares from the Account to cover its fee or, if directed in writing by the Participant (or Beneficiary), to charge such fees against another account over which the Participant (or Beneficiary) has investment authority, but the participant (or Beneficiary or, to the extent applicable, the Employer) shall remain liable for any and all deficiency. The fees specified in effect on the date of this Agreement are set forth in the Custodian's current published schedule included with this Agreement. A different fee schedule for establishing and maintaining this Xxxxxxxxx ESA, including, but not limited to, any fees for distributions from, transfers from, and terminations of this Xxxxxxxxx ESA. The Custodian may change its fee schedule be substituted at any time by giving upon written notice to the Designated Beneficiary Participant (or Responsible IndividualBeneficiary). A Participant (or Beneficiary) who does not consent to such new fee schedule may terminate this Agreement pursuant to Section 15 within 30 days prior written notice. of the notice of the new fee schedule. If no such termination is made within the 30-day period, the Participant (bor Beneficiary) The Depositor, Designated Beneficiary and Responsible Individual agree that will be deemed to have consented to the Custodian shall be entitled to reimbursement for any expenses incurred by the Custodian in the performance of its duties in connection with the accountnew fee schedule. Such expenses include, but are not limited to, administrative expenses, such as legal and accounting fees, and any Any income taxes or other taxes of any kind whatsoever that may be levied or assessed upon or with respect to the Account or the income thereof, any transfer taxes incurred in connection with the investment and reinvestment of the assets of the Account, all other reasonable administrative expenses incurred by the Custodian with respect to any such account. (c) All such fees, taxes, and other administrative expenses charged or with respect to controversies concerning the Account, including but not limited to, fees for legal services rendered to the account Custodian and related costs, and such reasonable compensation to the Custodian for acting in that capacity with respect to any such taxes or controversies , may, in the discretion of the Custodian, be charged against and paid from the assets of the Account, but the Participant (or Beneficiary or, to the extent applicable, the Employer) shall be collected either from liable for any deficiency. The Custodian may allocate fees and expenses among the Participant’s (or Beneficiary’ s) Accounts at such time or times and in such manner as the Custodian determines. Brokerage fees shall be payable in accordance with the Custodian’s usual practice. Any brokerage commission attributable to the assets in the account or from any contributions Participant’s Account will be charged to or distributions from such account if their Account. The Participant cannot paid by the Depositor, Designated Beneficiary or Responsible Individual, but the Depositor, Designated Beneficiary and Responsible Individual shall be responsible for any deficiency. (d) In the event that for any reason the Custodian is not certain as to who is entitled to receive all or part of the Custodial Funds, the Custodian reserves the right to withhold any payment from the Custodial Account, to request a court ruling to determine the disposition of the Custodial assets, and to charge the Custodial reimburse their Account for any expenses incurred in obtaining such legal determinationthose commissions.

Appears in 1 contract

Samples: Custodial Agreement

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