Common use of Dispute Arbitration Agreement Clause in Contracts

Dispute Arbitration Agreement. EXHIBIT 1 ARBITRATION claim that is ineligible for arbitration This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, the parties agree as follows: • All parties to this Agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. • Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. • The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least (20) twenty days prior to the first scheduled hearing date. • The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry. • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a may be brought in court. • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. You agree that all disputes between you and us arising in connection with our business activities or associated persons must be arbitrated under FINRA’s Code of Arbitration Procedure. You understand that you and we must use arbitration to decide and settle all controversies arising between you and us about any issue related to your account or this customer agreement. Any judgment resulting from arbitration may be entered in any court of competent jurisdiction. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: • The class certification is denied; or • The class is decertified; or • The customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. EXHIBIT 2 TERMS AND CONDITIONS OF THE INSURED BANK DEPOSIT SWEEP PROGRAM Every account with us is eligible for and participates in the Insured Bank Deposit Sweep Program (“Program”). This document contains important information about and a description of the Program. Capitalized terms that are not defined herein shall have the meaning set forth in the Agreement. The Program. Opening a brokerage account with us (a “Brokerage Account”) automatically enrolls your account in the Program. Continued maintenance of your Brokerage Account with us constitutes your acknowledgement of, and agreement to, the terms and conditions provided herein as they may be modified by us from time to time. We may in our sole discretion, for any reason we deem appropriate and without prior notice, refuse any deposit of cash into your account, restrict participation of your account in the Program, decline to permit your account from participating in the Program at any time on a going forward basis and close any account. For purposes of administering the Program, you appoint us as your authorized agent and custodian pursuant to the terms and conditions of the Agreement, including this Exhibit and acknowledge and agree that we may engage third parties (including affiliates) to act on our behalf or on your behalf with respect to the Program. Currently no bank will accept any instructions concerning your cash on deposit with a Program Bank (as defined below), unless such instructions are transmitted by us. Our Program currently provides for an automatic deposit of the un-invested cash from your Brokerage Account into one or more bank accounts insured by the FDIC. This part of the Program is referred to herein as “Sweep”. If certain criteria are met, you may have the option to instruct us to hold a specified amount of cash (separate from Sweep) from your Brokerage Account in one or more FDIC-insured bank accounts of our choosing as XXXX.XXXX and/or XXXX.XXXX, which are the currently available “Client Directed Investment Choices” under the Program. Cash not included in the Program, either in Sweep or Client Directed Investment Choices, is held by us as free credit balances and protected by SIPC, subject to SIPC coverage limitations. Cash held as free credits may be used by us as permitted by law and regulation, including to support margin loans extended to customers. We can change the features or products that are included in the Program to include any legally permissible deposit account or instrument, or we can terminate any or all of the products in the Program and hold some or all of your cash only as free credits (note that some or all of your cash may already be held as free credits). If any such change then requires, under applicable law or regulation, prior notice to you and/or your consent we will provide such notice and/or seek such consent, to the extent so required. If we make a money market fund available under the Program either as a Sweep vehicle or as a Client Directed Investment Choice, you will be provided access on our websites to any applicable prospectus for such fund. To use a Client Directed Investment Choice alternative then available under the Program, you must instruct us to move specified cash amounts into and out of any such Client Directed Investment Choice each time you wish to move cash — we generally will not automatically move cash into or out of a Client Directed Investment Choice for you. By doing the work involved with maintaining a cash balance in the Client Directed Investment Choice alternative under the Program, you may earn higher yields than on cash in Sweep. Xxxx then invested in a Client Directed Investment Choice alternative is generally not subject to automatic deduction to satisfy withdrawals or to make investments in, for example, another folio in your account managed by you and thus a margin debit will be created if a purchase is executed in another folio that is in a margin account that does not have sufficient cash to pay for the trade. Generally, there is no cash minimum for the Program either for participation in Sweep or in any Client Directed Investment Choice. However, interest may not be payable on cash maintained in a Client Directed Investment Choice until a cash balance threshold for any particular Client Directed Investment Choice is met (see the Schedule to this Exhibit for the specific levels). Cash deposited into the Program begins earning interest, to the extent eligible, from the day it is received by the Program Banks or received by us and maintained as a free credit. All withdrawals of cash from your Brokerage Account deposited in Sweep will be made by us as your agent in the following manner. Cash necessary to satisfy debit entries in your Brokerage Account will, generally, first be automatically withdrawn from free credit balances (e.g., cash settling that day from securities sales or cash wired into your Brokerage Account that day). If a debit remains, we then will automatically withdraw cash from your Sweep cash maintained as part of the Program as cash deposited in Program Banks, or we may debit other free credits held by us (e.g., cash held in your account). Cash invested by you into a Client Directed Investment Choice will generally not automatically be withdrawn to satisfy a debit entry in your Brokerage Account; you must instruct us to withdraw a specified amount of cash from a Client Directed Investment Choice, after which we will credit your Brokerage Account with the amount noted in your instruction. Once credited to your Brokerage Account, it will be available for us to automatically satisfy your debit. If there is no debit entry once credited, it will be placed into Sweep. If you have a debit in your Brokerage Account and you fail or chose not to direct us to make a withdrawal from a Client Directed Investment Choice, it may result in you having a positive cash balance in the Program and a debit balance in your Brokerage Account. Under such circumstances, we have the right to charge you interest on a debit amount. If this occurs, the interest we charge you on the debit in your Brokerage Account will be greater than the interest you will earn on the same amount of cash in your Client Directed Investment Choice. A debit is created when you purchase securities or use your debit card, when we receive a cash withdrawal request for your Brokerage Account using an electronic funds transfer, a check written by you and presented for payment, when we issue a check or wire at your request, or when you incur a fee or other charge in your Brokerage Account. Checks we provide you for use with your Brokerage Account are not drawn directly against any cash deposited for you at any of the Program Banks. Additional provisions apply for margin accounts – see Margin Provisions.

Dispute Arbitration Agreement. EXHIBIT 1 ARBITRATION claim that is ineligible for arbitration This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, the parties agree as followsI understand and acknowledge that: • a. All parties to this Agreement agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. • b. Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. • c. The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. • d. The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least (20) twenty 20 days prior to the first scheduled hearing date. • e. The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry. • f. The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • g. The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. You agree that all disputes between you and us arising in connection with our business activities or associated persons must be arbitrated under FINRA’s Code of Arbitration Procedure. You understand that you and we must use arbitration to decide and settle all controversies arising between you and us about any issue related to your account or this customer agreement. Any judgment resulting from arbitration may be entered in any court of competent jurisdictionapplication. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: • The (i) the class certification is denied; or • The (ii) the class is decertified; or • The customer (iii) the client is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. EXHIBIT 2 TERMS AND CONDITIONS OF THE INSURED BANK DEPOSIT SWEEP PROGRAM Every account I agree that any controversy arising out of or relating to my account, to transactions with us is eligible or for and participates in me or to this agreement or the Insured Bank Deposit Sweep Program (“Program”). This document contains important information about and a description breach thereof, whether executed or to be executed within or outside of the Program. Capitalized terms that are not defined herein shall have the meaning set forth in the Agreement. The Program. Opening a brokerage account with us (a “Brokerage Account”) automatically enrolls your account in the Program. Continued maintenance of your Brokerage Account with us constitutes your acknowledgement ofUnited States, and agreement towhether asserted against City trust finance bank and/or its present or former agents or employees, will be settled by arbitration before and in accordance with the then current rules of the Financial Industry Regulatory Authority. Judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary in this agreement, the terms and conditions provided herein as they may arbitrability of disputes under this agreement shall be modified by us from time to time. We may in our sole discretion, for any reason we deem appropriate and without prior notice, refuse any deposit of cash into your account, restrict participation of your account in the Program, decline to permit your account from participating in the Program at any time on a going forward basis and close any account. For purposes of administering the Program, you appoint us as your authorized agent and custodian pursuant to the terms and conditions of the Agreement, including this Exhibit and acknowledge and agree that we may engage third parties (including affiliates) to act on our behalf or on your behalf with respect to the Program. Currently no bank will accept any instructions concerning your cash on deposit with a Program Bank (as defined below), unless such instructions are transmitted by us. Our Program currently provides for an automatic deposit of the un-invested cash from your Brokerage Account into one or more bank accounts insured governed by the FDICFederal Arbitration Act. This part of the Program is referred to herein as “Sweep”. If certain criteria are met, you may have the option to instruct us to hold a specified amount of cash (separate from Sweep) from your Brokerage Account in one or more FDIC-insured bank accounts of our choosing as XXXX.XXXX and/or XXXX.XXXX, which are the currently available “Client Directed Investment Choices” under the Program. Cash not included in the Program, either in Sweep or Client Directed Investment Choices, is held by us as free credit balances and protected by SIPC, subject to SIPC coverage limitations. Cash held as free credits may be used by us as permitted by law and regulation, including to support margin loans extended to customers. We can change the features or products that are included in the Program to include any legally permissible deposit account or instrument, or we can terminate any or all of the products in the Program and hold some or all of your cash only as free credits (note that some or all of your cash may already be held as free credits). If any such change then requires, under applicable law or regulation, prior notice to you and/or your consent we will provide such notice and/or seek such consent, to the extent so required. If we make a money market fund available under the Program either as a Sweep vehicle or as a Client Directed Investment Choice, you will be provided access on our websites to any applicable prospectus for such fund. To use a Client Directed Investment Choice alternative then available under the Program, you must instruct us to move specified cash amounts into and out of any such Client Directed Investment Choice each time you wish to move cash — we generally will not automatically move cash into or out of a Client Directed Investment Choice for you. By doing the work involved with maintaining a cash balance in the Client Directed Investment Choice alternative under the Program, you may earn higher yields than on cash in Sweep. Xxxx then invested in a Client Directed Investment Choice alternative is generally not subject to automatic deduction to satisfy withdrawals or to make investments in, for example, another folio in your account managed by you and thus a margin debit will be created if a purchase is executed in another folio that is in a margin account that does not have sufficient cash to pay for the trade. Generally, there is no cash minimum for the Program either for participation in Sweep or in any Client Directed Investment Choice. However, interest may not be payable on cash maintained in a Client Directed Investment Choice until a cash balance threshold for any particular Client Directed Investment Choice is met (see the Schedule to this Exhibit for the specific levels). Cash deposited into the Program begins earning interest, to the extent eligible, from the day it is received by the Program Banks or received by us and maintained as a free credit. All withdrawals of cash from your Brokerage Account deposited in Sweep will be made by us as your agent in the following manner. Cash necessary to satisfy debit entries in your Brokerage Account will, generally, first be automatically withdrawn from free credit balances (e.g., cash settling that day from securities sales or cash wired into your Brokerage Account that day). If a debit remains, we then will automatically withdraw cash from your Sweep cash maintained as part of the Program as cash deposited in Program Banks, or we may debit other free credits held by us (e.g., cash held in your account). Cash invested by you into a Client Directed Investment Choice will generally not automatically be withdrawn to satisfy a debit entry in your Brokerage Account; you must instruct us to withdraw a specified amount of cash from a Client Directed Investment Choice, after which we will credit your Brokerage Account with the amount noted in your instruction. Once credited to your Brokerage Account, it will be available for us to automatically satisfy your debit. If there is no debit entry once credited, it will be placed into Sweep. If you have a debit in your Brokerage Account and you fail or chose not to direct us to make a withdrawal from a Client Directed Investment Choice, it may result in you having a positive cash balance in the Program and a debit balance in your Brokerage Account. Under such circumstances, we have the right to charge you interest on a debit amount. If this occurs, the interest we charge you on the debit in your Brokerage Account will be greater than the interest you will earn on the same amount of cash in your Client Directed Investment Choice. A debit is created when you purchase securities or use your debit card, when we receive a cash withdrawal request for your Brokerage Account using an electronic funds transfer, a check written by you and presented for payment, when we issue a check or wire at your request, or when you incur a fee or other charge in your Brokerage Account. Checks we provide you for use with your Brokerage Account are not drawn directly against any cash deposited for you at any of the Program Banks. Additional provisions apply for margin accounts – see Margin Provisions18.

Dispute Arbitration Agreement. EXHIBIT 1 ARBITRATION claim that is ineligible for arbitration This Agreement agreement contains a pre-dispute pre‐dispute arbitration clause. By signing an arbitration agreement, the parties agree as follows: • (A) All parties to this Agreement agreement are giving up the right to sue xxx each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. • ; (B) Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. • ; (C) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than that in court proceedings. • ; (D) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least award; (20E) twenty days prior to the first scheduled hearing date. • The panel of arbitrators may will typically include a minority of arbitrators who were or are affiliated with the securities industry. • ; (F) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. • The ; (G) the rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreementagreement. You agree Depositor agrees that all disputes controversies that may arise between you Depositor and us arising Personal Financial Adviser concerning any order or transaction, or the continuation, performance or breach of this or any other agreement between Depositor and Personal Financial Adviser, whether entered into before, on, or after the date this account is opened, shall be determined by arbitration before a panel of independent arbitrators set up by the Financial Industry Regulatory Authority (FINRA). If Depositor does not notify Personal Financial Adviser in connection with our business activities or associated persons must be arbitrated under FINRA’s Code writing within five (5) days after receiving from Personal Financial Advisor a written demand for arbitration, then Personal Financial Advisor shall make such a designation on behalf of Arbitration ProcedureDepositor. You understand Depositor understands that you and we must use judgment upon any arbitration to decide and settle all controversies arising between you and us about any issue related to your account or this customer agreement. Any judgment resulting from arbitration award may be entered in any court of competent jurisdiction. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute pre‐dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: • The (I) the class certification is denied; or • The (II) the class is decertified; or • The (III) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement agreement except to the extent stated herein. EXHIBIT 2 TERMS AND CONDITIONS OF THE INSURED BANK DEPOSIT SWEEP PROGRAM Every account with us is eligible for and participates in the Insured Bank Deposit Sweep Program (“Program”). This document contains important information about and a description of the Program. Capitalized terms that are not defined herein shall have the meaning set forth in the Agreement. The Program. Opening a brokerage account with us (a “Brokerage Account”) automatically enrolls your account in the Program. Continued maintenance of your Brokerage Account with us constitutes your acknowledgement of, and agreement to, the terms and conditions provided herein as they may be modified by us from time to time. We may in our sole discretion, for any reason we deem appropriate and without prior notice, refuse any deposit of cash into your account, restrict participation of your account in the Program, decline to permit your account from participating in the Program at any time on a going forward basis and close any account. For purposes of administering the Program, you appoint us as your authorized agent and custodian pursuant to the terms and conditions of the Agreement, including this Exhibit and acknowledge and agree that we may engage third parties (including affiliates) to act on our behalf or on your behalf with respect to the Program. Currently no bank will accept any instructions concerning your cash on deposit with a Program Bank (as defined below), unless such instructions are transmitted by us. Our Program currently provides for an automatic deposit of the un-invested cash from your Brokerage Account into one or more bank accounts insured by the FDIC. This part of the Program is referred to herein as “Sweep”. If certain criteria are met, you may have the option to instruct us to hold a specified amount of cash (separate from Sweep) from your Brokerage Account in one or more FDIC-insured bank accounts of our choosing as XXXX.XXXX and/or XXXX.XXXX, which are the currently available “Client Directed Investment Choices” under the Program. Cash not included in the Program, either in Sweep or Client Directed Investment Choices, is held by us as free credit balances and protected by SIPC, subject to SIPC coverage limitations. Cash held as free credits may be used by us as permitted by law and regulation, including to support margin loans extended to customers. We can change the features or products that are included in the Program to include any legally permissible deposit account or instrument, or we can terminate any or all of the products in the Program and hold some or all of your cash only as free credits (note that some or all of your cash may already be held as free credits). If any such change then requires, under applicable law or regulation, prior notice to you and/or your consent we will provide such notice and/or seek such consent, to the extent so required. If we make a money market fund available under the Program either as a Sweep vehicle or as a Client Directed Investment Choice, you will be provided access on our websites to any applicable prospectus for such fund. To use a Client Directed Investment Choice alternative then available under the Program, you must instruct us to move specified cash amounts into and out of any such Client Directed Investment Choice each time you wish to move cash — we generally will not automatically move cash into or out of a Client Directed Investment Choice for you. By doing the work involved with maintaining a cash balance in the Client Directed Investment Choice alternative under the Program, you may earn higher yields than on cash in Sweep. Xxxx then invested in a Client Directed Investment Choice alternative is generally not subject to automatic deduction to satisfy withdrawals or to make investments in, for example, another folio in your account managed by you and thus a margin debit will be created if a purchase is executed in another folio that is in a margin account that does not have sufficient cash to pay for the trade. Generally, there is no cash minimum for the Program either for participation in Sweep or in any Client Directed Investment Choice. However, interest may not be payable on cash maintained in a Client Directed Investment Choice until a cash balance threshold for any particular Client Directed Investment Choice is met (see the Schedule to this Exhibit for the specific levels). Cash deposited into the Program begins earning interest, to the extent eligible, from the day it is received by the Program Banks or received by us and maintained as a free credit. All withdrawals of cash from your Brokerage Account deposited in Sweep will be made by us as your agent in the following manner. Cash necessary to satisfy debit entries in your Brokerage Account will, generally, first be automatically withdrawn from free credit balances (e.g., cash settling that day from securities sales or cash wired into your Brokerage Account that day). If a debit remains, we then will automatically withdraw cash from your Sweep cash maintained as part of the Program as cash deposited in Program Banks, or we may debit other free credits held by us (e.g., cash held in your account). Cash invested by you into a Client Directed Investment Choice will generally not automatically be withdrawn to satisfy a debit entry in your Brokerage Account; you must instruct us to withdraw a specified amount of cash from a Client Directed Investment Choice, after which we will credit your Brokerage Account with the amount noted in your instruction. Once credited to your Brokerage Account, it will be available for us to automatically satisfy your debit. If there is no debit entry once credited, it will be placed into Sweep. If you have a debit in your Brokerage Account and you fail or chose not to direct us to make a withdrawal from a Client Directed Investment Choice, it may result in you having a positive cash balance in the Program and a debit balance in your Brokerage Account. Under such circumstances, we have the right to charge you interest on a debit amount. If this occurs, the interest we charge you on the debit in your Brokerage Account will be greater than the interest you will earn on the same amount of cash in your Client Directed Investment Choice. A debit is created when you purchase securities or use your debit card, when we receive a cash withdrawal request for your Brokerage Account using an electronic funds transfer, a check written by you and presented for payment, when we issue a check or wire at your request, or when you incur a fee or other charge in your Brokerage Account. Checks we provide you for use with your Brokerage Account are not drawn directly against any cash deposited for you at any of the Program Banks. Additional provisions apply for margin accounts – see Margin Provisions.