Common use of Custodian’s Powers Clause in Contracts

Custodian’s Powers. In accordance with the investment or other directions of the Partici- pant or the Participant’s authorized agent, the Custodian shall have the power or duty: (a) To hold any securities or other property in the Custodial Account in the name of the Custodian or its nominee, or in another form as it may deem best, with or without disclosing the Custodian relationship; (b) To retain any funds or property subject to any dispute with- out liability for the payment of interest and to decline to make payment or delivery of the funds or property until a court of competent jurisdiction makes final adjudication, and to pay all reasonable expenses and attorney’s fees which may be necessarily incurred by the Custodian with respect to the foregoing matter; (c) To charge against and pay from the Custodial Account all taxes of any nature levied, assessed or imposed upon the Custodial Account, and to pay all reasonable expenses and attorney’s fees which may be necessarily incurred by the Custodian with respect to the foregoing matter; (d) To file any tax return or information required of the Custo- dian, and to pay any tax, interest or penalty associated with any such tax return; (e) To act pursuant to written blanket settlement authorization given by the Participant on transactions executed by his designated agent. The Custodian is authorized to honor all trade confirmations received from such agent; (f) To furnish or cause to be furnished to the Participant an annual calendar year report concerning the status of the Account and such information concerning required mini- mum distributions as is prescribed by the Commissioner of Internal Revenue, including a statement of the assets of the Custodial Account held at the end of the calendar year; and (g) To begin, maintain or defend any litigation necessary in connection with the administration of the Plan, except that the Custodian shall not be obliged or required to do so unless indemnified to its satisfaction. (h) To return any third party funds that can be shown to Custo- dian’s satisfaction to have been sent in error or deposited to Participant account in error; and (i) To amend this Custodial Account Agreement consistent with provisions of applicable law. Notwithstanding the provi- sions of Article VII, the Participant irrevocably delegates to the Custodian the power to amend this Custodial Account Agreement without any prior consent of the Participant upon 30 days prior written notice to the Participant setting forth such amendment. If the Custodian does request the consent of the Participant for an amendment to this Custo- dial Account Agreement, the Participant will be deemed to have consented to such amendment unless the Participant responds in writing within 30 days of the mailing of such request, indicating their refusal to consent.

Custodian’s Powers. In accordance with the investment or other directions of the Partici- pant Participant or the Participant’s authorized agent, the Custodian shall have the power or duty: (a) To hold any securities or other property in the Custodial Account in the name of the Custodian or its nominee, or in another form as it may deem best, with or without disclosing the Custodian relationship; (b) To retain any funds or property subject to any dispute with- out without liability for the payment of interest and to decline to make payment or delivery of the funds or property until a court of competent jurisdiction makes final adjudication, and to pay all reasonable expenses and attorney’s fees which may be necessarily incurred by the Custodian with respect to the foregoing matter; (c) To charge against and pay from the Custodial Account all taxes of any nature levied, assessed or imposed upon the Custodial Account, and to pay all reasonable expenses and attorney’s fees which may be necessarily incurred by the Custodian with respect to the foregoing matter; (d) To file any tax return or information return required of the Custo- dianCustodian, and to pay any tax, interest or penalty associated with any such tax return; (e) To act pursuant to written blanket settlement authorization given by the Participant on transactions executed by his designated agent. The Custodian is authorized to honor all trade confirmations received from such agent; (f) To furnish or cause to be furnished to the Participant an annual calendar year report concerning the status of the Account and such information concerning required mini- mum minimum distributions as is prescribed by the Commissioner of Internal Revenue, including a statement of the assets of the Custodial Account held at the end of the calendar year; and (g) To begin, maintain or defend any litigation necessary in connection with the administration of the Plan, except that the Custodian shall not be obliged or required to do so unless indemnified to its satisfaction. (h) To return any third party funds that can be shown to Custo- dianCustodian’s satisfaction to have been sent in error or deposited to Participant account in error; and (i) To amend this Traditional/SEP XXX Custodial Account Agreement consistent with provisions of applicable law. Notwithstanding the provi- sions provisions of Article VII11, the Participant irrevocably delegates to the Custodian the power to amend this Traditional/SEP XXX Custodial Account Agreement without any prior consent of the Participant upon 30 days prior written notice to the Participant setting forth such amendment. If the Custodian does request the consent of the Participant for an amendment to this Custo- dial Traditional/SEP XXX Custodial Account Agreement, the Participant will be deemed to have consented to such amendment unless the Participant responds in writing within 30 days of the mailing of such request, indicating their refusal to consent.

Custodian’s Powers. In accordance with Subject to the investment or other directions of the Partici- pant Responsible Individual or the ParticipantResponsible Individual’s authorized agent, the Custodian shall have the power or duty: (a) To hold any securities or other property in the Custodial Account in the name of the Custodian or its nominee, or in another form as it may deem best, with or without disclosing the Custodian relationship; (b) To retain any funds or property subject to any dispute with- out liability for the payment of interest and to decline to make payment or delivery of the funds or property until a court of competent jurisdiction makes final adjudication, and to pay all reasonable expenses and attorney’s fees which may be necessarily incurred by the Custodian with respect to the foregoing matter; (c) To charge against and pay from the Custodial Account all taxes of any nature levied, assessed or imposed upon the Custodial Account, and to pay all reasonable expenses and attorney’s fees which may be necessarily incurred by the Custodian with respect to the foregoing matter; (d) To file any tax return or information return required of the Custo- dian, and to pay any tax, interest or penalty associated with any such tax return; (e) To act pursuant to written blanket settlement authorization authoriza- tion given by the Participant Responsible Individual on transactions executed by his designated agent. The Custodian is authorized autho- rized to honor all trade confirmations received from such agent; (f) To furnish or cause to be furnished to the Participant an annual calendar year report Responsible Indi- vidual, at least annually, reports concerning the status of the Account and such information concerning required mini- mum distributions as is prescribed by the Commissioner of Internal RevenueAccount, including a statement of the assets of the Custodial Custo- dial Account held at the end of the calendar year; and; (g) To begin, maintain or defend any litigation necessary in connection with the administration of the Plan, except that the Custodian shall not be obliged or required to do so unless indemnified to its satisfaction.; (h) To return any third party funds that can be shown to Custo- dian’s satisfaction to have been sent in error or deposited to Participant account Account in error; and (i) To amend this Custodial Account Agreement consistent with provisions of applicable law. Notwithstanding the provi- sions of Article VIIIX, the Participant Responsible Individual irrevocably delegates to the Custodian the power to amend this Custodial Custo- dial Account Agreement without any prior consent of the Participant Responsible Individual upon 30 days prior written notice to the Participant Responsible Individual setting forth such amendment. If the Custodian does request the consent of the Participant Respon- sible Individual for an amendment to this Custo- dial Custodial Account Agreement, the Participant Responsible Individual will be deemed to have consented to such amendment unless the Participant Responsi- ble Individual responds in writing within 30 days of the mailing mail- ing of such request, indicating their refusal to consent.

Custodian’s Powers. In accordance with Subject to the investment or other directions of the Partici- pant Participant or the ParticipantPartici- pant’s authorized agent, the Custodian shall have the power or duty: (a) To hold any securities or other property in the Custodial Account in the name of the Custodian or its nominee, or in another form as it may deem best, with or without disclosing the Custodian relationship; (b) To retain any funds or property subject to any dispute with- out liability for the payment of interest and to decline to make payment or delivery of the funds or property until a court of competent jurisdiction makes final adjudication, and to pay all reasonable expenses and attorney’s fees which may be necessarily incurred by the Custodian with respect to the foregoing matter; (c) To charge against and pay from the Custodial Account all taxes of any nature levied, assessed or imposed upon the Custodial Account, and to pay all reasonable expenses and attorney’s fees which may be necessarily incurred by the Custodian with respect to the foregoing matter; (d) To file any tax return or information return required of the Custo- dian, and to pay any tax, interest or penalty associated with any such tax return; (e) To act pursuant to written blanket settlement authorization given by the Participant on transactions executed by his designated agent. The Custodian is authorized to honor all trade confirmations received from such agent; (f) To furnish or cause to be furnished to the Participant an annual calendar year report Participant, at least annually, reports concerning the status of the Account and such information concerning required mini- mum distributions as is prescribed by the Commissioner of Internal RevenueAccount, including a statement of the assets of the Custodial Account held at the end of the calendar year; and; (g) To begin, maintain or defend any litigation necessary in connection with the administration of the Plan, except that the Custodian shall not be obliged or required to do so unless indemnified to its satisfaction.; (h) To return any third party funds that can be shown to Custo- dian’s satisfaction to have been sent in error or deposited to Participant account Account in error; and (i) To amend this Custodial Account Agreement consistent with provisions of applicable law. Notwithstanding the provi- sions of Article VII, the Participant irrevocably delegates to the Custodian the power to amend this Custodial Account Agreement without any prior consent of the Participant upon 30 days prior written notice to the Participant setting forth such amendment. If the Custodian does request the consent of the Participant for an amendment to this Custo- dial Account Agreement, the Participant will be deemed to have consented to such amendment unless the Participant responds in writing within 30 days of the mailing of such request, indicating their refusal to consent.

Custodian’s Powers. In accordance with the investment or other directions of the Partici- pant or the Participant’s authorized agent, the Custodian We shall have the power or duty: (a1) To hold any securities or other property in the Custodial Account Traditional IRA in the name of the Custodian or its nominee, or in another form as it we may deem best, with or without disclosing the Custodian custodial relationship; (b2) To retain any funds or property subject to any dispute with- out without liability for the payment of interest and to decline to make payment or delivery of the funds or property until a court of competent jurisdiction makes final adjudication; 3) To charge against and pay from the Traditional IRA all taxes of any nature levied, assessed, or imposed upon the Traditional IRA, and to pay all reasonable expenses and attorney’s attorney fees which may be necessarily incurred by the Custodian us with respect to the foregoing matterTraditional IRA; (c) To charge against and pay from the Custodial Account all taxes of any nature levied, assessed or imposed upon the Custodial Account, and to pay all reasonable expenses and attorney’s fees which may be necessarily incurred by the Custodian with respect to the foregoing matter; (d4) To file any tax return or information return required of the Custo- dianus, and to pay any tax, interest or penalty associated with any such tax return; (e5) To act pursuant to written blanket settlement authorization given by the Participant you on transactions executed by his your designated agent. The Custodian is We are authorized to honor all trade confirmations received from such agent; (f6) To furnish or cause to be furnished to the Participant you an annual calendar year report concerning the status of the Account and such information concerning required mini- mum distributions as is prescribed by the Commissioner of Internal RevenueTraditional IRA, including a statement of the assets of the Custodial Account Traditional IRA held at the end of the calendar year; and; (g7) To begin, maintain or defend any litigation necessary in connection with the administration of the PlanTraditional IRA, except that the Custodian we shall not be obliged or required to do so unless indemnified to its our satisfaction., including, without limitation, payment of such expenses out of Traditional IRA assets; (h8) To exercise the voting rights and other shareholder rights with respect to securities in the Traditional IRA but only in accordance with the instructions you give to us; 9) To return employ and pay from the Traditional IRA reasonable compensation to agents, attorneys, accountants and other professional persons for advice that in our opinion may be necessary. We may delegate to any third party funds that can be shown to Custo- dian’s satisfaction to have been sent agent, attorney, accountant and other persons selected by us any power or duty vested in error or deposited to Participant account in errorus by this Agreement; and (i10) To amend this Custodial Account Agreement consistent with provisions of applicable law. Notwithstanding charge you separately for any fees or expenses or deduct the provi- sions of Article VII, the Participant irrevocably delegates to the Custodian the power to amend this Custodial Account Agreement without any prior consent amount of the Participant fees or expenses from the assets in the Traditional IRA at our discretion. We are also entitled to be reimbursed for any taxes and other expenses we assume or incur on behalf of your account. Our right to compensation and reimbursement from the account shall constitute a first prior lien against your account. We have the right to change our fee upon 30 days prior written notice to you. We are authorized to liquidate assets of the Participant setting forth Traditional IRA for any unpaid fee balance and can, at our discretion, require you to retain uninvested cash in the Traditional IRA in an amount not less than one year’s annual fees and termination fees and not more than $1,000. The choice of the selling broker and assets to be sold shall be at our sole discretion. Should fees or expenses not be collected, we shall have the option to cease performing any functions, including, but not limited to, processing investment transactions until such amendmenttime as all fees and expenses charged against the account are fully paid. If In addition to the fees reflected on the most recent fee schedule, The Custodian may receive compensation from a depository bank for necessary administrative services as part of the establishment of and maintenance of the custodial cash account including, but not limited to sub‐accounting services, depository institution selection, record‐keeping and transaction processing. This compensation may be paid separately by the depository institution or be deducted from the interest earned on the account. However, the Depositor will receive a rate of interest that shall be set by the Custodian’s Board of Directors at least annually consistent with rates being offered by one or more depository institutions for similar accounts. The Custodian, at its discretion, may place deposits with one or more depository banks. All of these depository bank accounts will be FDIC insured up to the maximum allowed by law. In addition, the Custodian does request may receive commissions, 12(b)1 fees, sub‐transfer agent fees, marketing fees and other types of compensation from various entities relating to investments held in the consent of the Participant for an amendment to this Custo- dial Account Agreement, the Participant will be deemed to have consented to such amendment unless the Participant responds in writing within 30 days of the mailing of such request, indicating their refusal to consentTraditional IRA.