Common use of Electronic Services Clause in Contracts

Electronic Services. (a) The Trustee may provide communications and services via electronic medium ("Electronic Services"), including, but not limited to, Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, its agents and employees agree to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software or services without the Trustee's written consent. (b) The Sponsor shall be responsible for installing and maintaining all Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service will appear in the same form and content as it appears on the form of delivery, and for any programming required to accomplish the installation. Materials provided for Plan Sponsor's intranet web sites shall be installed by the Sponsor and shall be clearly identified as originating from Fidelity. The Sponsor shall promptly remove Electronic Services from its computer network and/or Intranet, or replace the Electronic Service with an updated service provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services shall be provided to the Sponsor without any express or implied legal warranties or acceptance of legal liability by the Trustee relative to the use of material or Electronic Services by the Sponsor. No rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Services and related material. (d) To the extent that any Electronic Services utilize Internet services to transport data or communications, the Trustee will take, and Plan Sponsor agrees to follow, reasonable security precautions; however, the Trustee disclaims any liability for interception of any such data or communications. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet or network services. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material after delivering it to the Plan Sponsor.

Electronic Services. (a) The Trustee may provide communications and services Electronic Services via electronic medium ("Electronic Services")media, including, but not limited toto NetBenefits, eWorkplace and Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, its agents Sponsor agrees to use such Electronic Services only in the course of reasonable administration of or participation in the Plan and employees agree to keep confidential and not alter, publish, copy, broadcast, retransmit, reproduce, frame-in, link to, commercially exploit or otherwise redisseminate the dataElectronic Services, informationany content associated therewith, software or services any portion thereof (including, without limitation, any trademarks and service marks associated therewith), without the written consent of the Trustee's written consent. . Notwithstanding the foregoing, the Trustee acknowledges that certain Electronic Services may, by their nature, be intended for non-commercial, personal use by Participants or their beneficiaries, with respect to their participation in the Plan, or for their other retirement or employee benefit planning purposes, and certain content may be intended or permitted to be modified by the Sponsor in connection with the administration of the Plan. In such cases, the Trustee will notify the Sponsor of such fact, and any requirements or guidelines associated with such usage or modification no later than the time of initial delivery of such Electronic Services. To the extent permission is granted to make Electronic Services available to administrative personnel designated by the Sponsor, it shall be the responsibility of the Sponsor to keep the Trustee informed as to which of the Sponsor personnel are authorized to have such access. Except to the extent otherwise specifically agreed by the parties, the Trustee reserves the right, upon notice when reasonably feasible, to modify or discontinue Electronic Services, or any portion thereof, at any time. (b) The Sponsor shall be responsible for installing and maintaining all Electronic Services on its computer network and/or Intranet upon receipt in a manner so that Without limiting the information provided via responsibilities of the Electronic Service will appear in Trustee or the same form and content as it appears on the form rights of delivery, and for any programming required to accomplish the installation. Materials provided for Plan Sponsor's intranet web sites shall be installed by the Sponsor and shall be clearly identified as originating from Fidelity. The Sponsor shall promptly remove Electronic Services from its computer network and/or Intranetstated elsewhere in this Agreement, or replace the Electronic Service with an updated service provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services shall be provided to the Sponsor without any express or implied legal warranties or acceptance of legal liability by related to or arising out of the electronic nature of the delivery or provision of such Services, provided, however, the Trustee relative to shall defend, indemnify and hold the use Sponsor harmless from any claims brought by third parties based upon infringement of material any patent, copyright, trademark, trade secret or Electronic Services by the Sponsor. No rights are conveyed to any property, intellectual or tangible, associated other proprietary right in connection with the contents of the Electronic Services and related material. (d) furnished under the Agreement. The Sponsor shall promptly notify the Trustee in writing of any such claim. The Sponsor shall give reasonable assistance to the Trustee in defense of any claim, at the Trustee’s expense. The Trustee shall have sole control of the defense of any such claim. To the extent that any Electronic Services utilize Internet services to transport data or communications, the Trustee will take, and Plan the Sponsor agrees to follow, reasonable security precautions; however. However, the Trustee disclaims any liability for interception of any such data or communications. The Trustee reserves the right not to accept data or communications transmitted electronically or via electronic media by the Sponsor or a third party if it determines that the method of delivery does not provide adequate data security, or if it is not administratively feasible for the Trustee to use the data security provided. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet or network services, or any other service required for electronic communication, nor does the Trustee make any warranties, express or implied, and specifically disclaims all warranties of merchantability, fitness for a particular purpose, or non-infringement. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material after delivering it to the Plan SponsorElectronic Services made in violation of this Agreement.

Electronic Services. (a) The Trustee may provide communications and services via electronic medium ("Electronic Services"), including, but not limited to, . Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, its agents and employees agree to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software or services without the Trustee's written consent. (b) The Sponsor shall be responsible for installing and maintaining all Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service will appear in the same form and content as it appears on the form of delivery, and for any programming required to accomplish the installation. Materials provided for Plan Sponsor's intranet web sites shall be installed by the Sponsor and shall be clearly identified as originating from Fidelitythe Trustee. The Sponsor shall promptly remove Electronic Services from its computer network and/or Intranet, or replace the Electronic Service with an updated service provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services shall be provided to the Sponsor without any express or implied legal warranties or acceptance of legal liability by the Trustee relative to the use of material or Electronic Services by the Sponsor. No rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Services and related material. (d) To the extent that any Electronic Services utilize Internet services to transport data or communications, the Trustee will take, and Plan Sponsor agrees to follow, reasonable security precautions; however, the Trustee disclaims any liability for interception of any such data or communications. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet or network services. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material after delivering it to the Plan Sponsor. (3) Amending Schedule "B" as follows: EFFECTIVE JANUARY 1, 2000, restating the "Annual Participant Fee" section, in its entirety, as follows: - Annual Participant Fee: $0 per Participant. EFFECTIVE JANUARY 1, 2000, deleting the "Trustee Fees" section in its entirety. By restating the "Other Fees" bullet point, in its entirety, as follows:

Electronic Services. (a) The Trustee may provide communications and services via electronic medium ("Electronic Services"), including, but not limited to, Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The SponsorFortune, its agents and employees agree to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software or services without the Trustee's written consent. (b) The Sponsor Fortune shall be responsible for installing and maintaining all Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service Services will appear in the same form and content as it appears on the form of delivery, and for any programming required to accomplish the installation. Materials provided for Plan Sponsor's intranet web sites shall be installed by the Sponsor Fortune and shall be clearly identified as originating from Fidelity. The Sponsor Fortune shall promptly remove Electronic Services from its computer network and/or Intranet, or replace the Electronic Service Services with an updated service provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services shall be provided to the Sponsor Fortune without any express or implied legal warranties or acceptance of legal liability by the Trustee relative to the use of material or Electronic Services by the SponsorFortune. No rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Services and related material. (d) To the extent that any Electronic Services utilize Internet services to transport data or communications, the Trustee will take, and Plan Sponsor Fortune agrees to follow, reasonable security precautions; however, the Trustee disclaims any liability for interception of any such data or communications. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet or network services. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material after delivering it to the Plan SponsorFortune.

Electronic Services. (a) The Trustee may provide communications and services via electronic medium ("Electronic Services")) and/or software products ("Electronic Products") via electronic media, including, but not limited to, to Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, Sponsor and its agents agree to use such Electronic Services and employees agree Electronic Products only in the course of reasonable administration of or participation in the Plan and to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software Electronic Products or services Electronic Services or any portion thereof without the Trustee's written consent, except, in cases where Trustee has specifically notified the Sponsor that the Electronic Products or Services are suitable for delivery to Sponsor's plan Participants, for non-commercial personal use by Participants or beneficiaries with respect to their participation in the Plan or for their other retirement planning purposes. (b) The Sponsor shall be responsible for installing and maintaining all Electronic Products, (including any programming required to accomplish the installation) and for displaying any and all content associated with Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service such content will appear in the same form and content exactly as it appears on the form of delivery, when delivered to Sponsor. All Electronic Products and for any programming required to accomplish the installation. Materials provided for Plan Sponsor's intranet web sites shall be installed by the Sponsor and Services shall be clearly identified as originating from Fidelitythe Trustee or its affiliate. The Sponsor shall promptly remove Electronic Products or Services from its computer network and/or Intranet, or replace the Electronic Service Products or Services with an updated service products or services provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services Products shall be provided to the Sponsor without any express or implied legal warranties or acceptance of legal liability by the Trustee relative Trustee, and all Electronic Services shall be provided to the use Sponsor without acceptance of material legal liability related to or Electronic Services by arising out of the Sponsorelectronic nature of the delivery or provision of such Services. No Except as otherwise stated in this Agreement, no rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Products or Services and related material. The Trustee hereby grants to the Sponsor a non-exclusive, non-transferable revocable right and license to use the Electronic Products and Services in accordance with the terms and conditions of this Agreement. (d) To the extent that any Electronic Products or Services utilize Internet services to transport data or communications, the Trustee will take, and Plan Sponsor agrees to follow, reasonable security precautions; , however, the Trustee disclaims any liability for interception of any such data or communications. The Trustee reserves the right not to accept data or communications transmitted via electronic media by the Sponsor or a third party if it determines that the media does not provide adequate data security, or if it is not administratively feasible for the Trustee to use the data security provided. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet or network services, or any other service required for electronic communication. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications made by the Sponsor without direction from the Trustee to the electronic material Electronic Products or Services after delivering it to the Plan Sponsor.

Electronic Services. (a) The Trustee may provide communications and services via electronic medium ("Electronic Services")Services and/or Electronic Products, including, but not limited to, to Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, Company and its agents agree to use such Electronic Services and employees agree Electronic Products only in the course of reasonable administration of or participation in the Plan and to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software Electronic Products or services Electronic Services or any portion thereof without the Trustee's ’s written consent, except, in cases where Trustee has specifically notified Company that the Electronic Products or Services are suitable for delivery to Company’s Participants, for non-commercial personal use by Participants or beneficiaries with respect to their participation in the Plan or for their other retirement planning purposes. (b) The Sponsor Company shall be responsible for installing and maintaining all Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service will appear in the same form and content as it appears on the form of deliveryProducts, and for (including any programming required to accomplish the installation) and for displaying any and all content associated with Electronic Services on its computer network and/or intranet so that such content will appear exactly as it appears when delivered to Company. Materials provided for Plan Sponsor's intranet web sites shall be installed by the Sponsor All Electronic Products and Services shall be clearly identified as originating from Fidelitythe Trustee or its affiliate. The Sponsor Company shall promptly remove Electronic Products or Services from its computer network and/or Intranetintranet, or replace the Electronic Service Products or Services with an updated service products or services provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services Products shall be provided to the Sponsor Company without any express or implied legal warranties or acceptance of legal liability by the Trustee relative to the use of material or Trustee, and all Electronic Services by shall be provided to Company without acceptance of legal liability related to or arising out of the Sponsorelectronic nature of the delivery or provision of such Services. No Except as otherwise stated in this Agreement, no rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Products or Services and related material. The Trustee hereby grants to Company a non-exclusive, non-transferable revocable right and license to use the Electronic Products and Services in accordance with the terms and conditions of this Agreement. (d) To the extent that any Electronic Products or Services utilize Internet internet services to transport data or communications, the Trustee will take, and Plan Sponsor Company agrees to follow, reasonable security precautions; , however, the Trustee disclaims any liability for interception of any such data or communications. The Trustee reserves the right not to accept data or communications transmitted via electronic media by Company or a third party if it determines that the media does not provide adequate data security, or if it is not administratively feasible for the Trustee to use the data security provided. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet internet or network services, or any other service required for electronic communication. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material Electronic Products or Services after delivering it to Company. (2) Effective close of business April 22, 2004, amending the “investment options” section of Schedule “A” to delete the reference to the “Janus Worldwide Fund” and replace it with “Janus Worldwide Fund (frozen to new contributions and exchanges in).” (3) Effective close of business May 28, 2004, amending the “investment options” section of Schedule “A” to delete the following: • Janus Worldwide Fund (frozen to new contributions and exchanges in) (4) Effective close of business May 28, 2004, amending the “investment options” section of Schedule “A” to add the following: • Xxxxxxxxx World Fund - Class A • American AAdvantage Small Cap Value Fund - Plan SponsorAhead Class (5) Restating, in its entirety, the “Non-Fidelity Mutual Funds” section of Schedule “B” as follows: Non-Fidelity Mutual Funds: Fees paid directly to Fidelity Investments Institutional Operations Company, Inc. (FIIOC) or its affiliates by Non-Fidelity Mutual Fund vendors shall be posted and updated quarterly on Plan Sponsor Webstation at xxxx://xxx.xxxxxxxx.xxx or a successor site. (6) Restating, in its entirety, the “Other Fees” section of Schedule “B” as follows: Other Fees: separate charges may apply for extraordinary expenses resulting from large numbers of simultaneous manual transactions, from errors not caused by Fidelity, reports not contemplated in this Agreement, corporate actions, or the provision of communications materials in hard copy which are also accessible to participants via electronic services in the event that the provision of such material in hard copy would result in an additional expense deemed to be material.

Electronic Services. (a) The Master Trustee may provide communications and services via electronic medium ("Electronic Services")Services and/or Electronic Products, including, but not limited to, Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, Ford and its agents agree to use such Electronic Services and employees agree Electronic Products only in the course of reasonable administration of or participation in the Plan and to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software Electronic Products or services Electronic Services or any portion thereof without the Master Trustee's written consent, except, in cases where Master Trustee has specifically notified Ford that the Electronic Products or Services are suitable for delivery to Ford's Participants, for non-commercial personal use by Participants or beneficiaries with respect to their participation in the Plan or for their other retirement planning purposes. (b) The Sponsor Ford shall be responsible for installing and maintaining all Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service will appear in the same form and content as it appears on the form of deliveryProducts, and for (including any programming required to accomplish the installation) and for displaying any and all content associated with Electronic Services on its computer network and/or intranet so that such content will appear exactly as it appears when delivered to Ford. Materials provided for Plan Sponsor's intranet web sites shall be installed The Master Trustee will assist Ford in such installation and maintenance upon request by the Sponsor Ford. All Electronic Products and Services shall be clearly identified as originating from Fidelitythe Master Trustee or its affiliate. The Sponsor Ford shall promptly remove Electronic Products or Services from its computer network and/or Intranetintranet, or replace the Electronic Service Products or Services with an updated service products or services provided by the Master Trustee, upon written notification (including written notification via facsimile) by the Master Trustee. (c) All Electronic Services Products shall be provided to the Sponsor Ford without any express or implied legal warranties or acceptance of legal liability by the Master Trustee, and all Electronic Services shall be provided to Ford without acceptance of legal liability related to or arising out of the electronic nature of the delivery or provision of such Services. Provided, however, the Master Trustee relative shall defend, indemnify and hold Ford harmless from any claims brought by third parties based upon infringement of any patent, copyright, trademark, trade secret or other proprietary right in connection with the Electronic Products furnished under the Agreement. Ford shall promptly notify the Master Trustee in writing of any such claim. Ford shall give reasonable assistance to the use Master Trustee in defense of material any claim, at the Master Trustee's expense. The Master Trustee shall have sole control of the defense of any such claim. Except as otherwise stated in this Agreement, and except with respect to data specific to Ford's Participants embedded in the products or Electronic Services by services, which data is the Sponsor. No property of Ford and/or Ford's Participants, no rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Products or Services and related material. The Master Trustee hereby grants to Ford a non-exclusive, non-transferable revocable right and license to use the Electronic Products and Services in accordance with the terms and conditions of this Agreement. (d) To the extent that any Electronic Products or Services utilize Internet internet services to transport data or communications, the Master Trustee will take, and Plan Sponsor Ford agrees to follow, reasonable security precautions; , however, the Master Trustee disclaims any liability for interception of any such data or communications, provided that the Master Trustee has followed such reasonable security precautions. The Master Trustee reserves the right not to accept data or communications transmitted via electronic media by Ford or a third party if it determines that the media does not provide adequate data security, or if it is not administratively feasible for the Master Trustee to use the data security provided. The Master Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet or network services, or any other service required for electronic communication. The Master Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material Electronic Products or Services after delivering it to Ford. (e) The Master Trustee will provide to Participants the Plan SponsorFullViewSM service via NetBenefits, through which Participants may elect to consolidate and manage any retirement account information available through NetBenefits as well as External Account Information. To the extent not provided by the Master Trustee or its affiliates, the data aggregation service will be provided by Xxxxxx.xxx, Inc. or such other independent provider as the Master Trustee may select, pursuant to a contract that requires the provider to take appropriate steps to protect the privacy and confidentiality of information furnished by users of the service. Ford acknowledges that Participants who elect to use FullViewSM must provide passwords and PINs to the provider of data aggregation services. The Master Trustee will use External Account Information to furnish and support FullViewSM or other services provided pursuant to this Agreement, and as otherwise directed by the Participant. The Master Trustee will not furnish External Account Information to any third party, except pursuant to subpoena or other applicable law. Ford agrees that the information accumulated through FullViewSM shall not be made available to Ford, provided, however, that the Master Trustee shall provide to Ford, upon request, aggregate usage data that contains no personally identifiable information.

Electronic Services. (a) The Trustee may provide communications and services via electronic medium ("Electronic Services")Services and/or Electronic Products, including, but not limited to, to Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, Company and its agents agree to use such Electronic Services and employees agree Electronic Products only in the course of reasonable administration of or participation in the Plan and to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software Electronic Products or services Electronic Services or any portion thereof without the Trustee's written consent, except, in cases where Trustee has specifically notified Company that the Electronic Products or Services are suitable for delivery to Company's Participants, for non-commercial personal use by Participants or beneficiaries with respect to their participation in the Plan or for their other retirement planning purposes. (b) The Sponsor Company shall be responsible for installing and maintaining all Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service will appear in the same form and content as it appears on the form of deliveryProducts, and for (including any programming required to accomplish the installation) and for displaying any and all content associated with Electronic Services on its computer network and/or intranet so that such content will appear exactly as it appears when delivered to Company. Materials provided for Plan Sponsor's intranet web sites shall be installed by the Sponsor All Electronic Products and Services shall be clearly identified as originating from Fidelitythe Trustee or its affiliate. The Sponsor Company shall promptly remove Electronic Products or Services from its computer network and/or Intranetintranet, or replace the Electronic Service Products or Services with an updated service products or services provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services Products shall be provided to the Sponsor Company without any express or implied legal warranties or acceptance of legal liability by the Trustee relative to the use of material or Trustee, and all Electronic Services by shall be provided to Company without acceptance of legal liability related to or arising out of the Sponsorelectronic nature of the delivery or provision of such Services. No Except as otherwise stated in this Agreement, no rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Products or Services and related material. The Trustee hereby grants to Company a non-exclusive, non-transferable revocable right and license to use the Electronic Products and Services in accordance with the terms and conditions of this Agreement. (d) To the extent that any Electronic Products or Services utilize Internet internet services to transport data or communications, the Trustee will take, and Plan Sponsor Company agrees to follow, reasonable security precautions; , however, the Trustee disclaims any liability for interception of any such data or communications. The Trustee reserves the right not to accept data or communications transmitted via electronic media by Company or a third party if it determines that the media does not provide adequate data security, or if it is not administratively feasible for the Trustee to use the data security provided. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet internet or network services, or any other service required for electronic communication. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material Electronic Products or Services after delivering it to Company. (2) Effective close of business April 22, 2004, amending the "investment options" section of Schedule "A" to delete the reference to the "Janus Worldwide Fund" and replace it with "Janus Worldwide Fund (frozen to new contributions and exchanges in)." (3) Effective close of business May 28, 2004, amending the "investment options" section of Schedule "A" to delete the following: o Janus Worldwide Fund (frozen to new contributions and exchanges in) (4) Effective close of business May 28, 2004, amending the "investment options" section of Schedule "A" to add the following: o Templeton World Fund - Class A o Xxxxxxxx XXxxxxxage Small Cap Value Fund - Plan Sponsor.Ahead Class (5) Restating, in its entirety, the "Non-Fidelity Mutual Funds" section of Schedule "B" as follows:

Electronic Services. (a) The Trustee may provide communications and services via electronic medium ("Electronic Services")Services and/or Electronic Products, including, but not limited to, to Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, Company and its agents agree to use such Electronic Services and employees agree Electronic Products only in the course of reasonable administration of or participation in the Plan and to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software Electronic Products or services Electronic Services or any portion thereof without the Trustee's ’s written consent, except, in cases where Trustee has specifically notified Company that the Electronic Products or Services are suitable for delivery to Company’s Participants, for non-commercial personal use by Participants or beneficiaries with respect to their participation in the Plan or for their other retirement planning purposes. (b) The Sponsor Company shall be responsible for installing and maintaining all Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service will appear in the same form and content as it appears on the form of deliveryProducts, and for (including any programming required to accomplish the installation) and for displaying any and all content associated with Electronic Services on its computer network and/or intranet so that such content will appear exactly as it appears when delivered to Company. Materials provided for Plan Sponsor's intranet web sites shall be installed by the Sponsor All Electronic Products and Services shall be clearly identified as originating from Fidelitythe Trustee or its affiliate. The Sponsor Company shall promptly remove Electronic Products or Services from its computer network and/or Intranetintranet, or replace the Electronic Service Products or Services with an updated service products or services provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services Products shall be provided to the Sponsor Company without any express or implied legal warranties or acceptance of legal liability by the Trustee relative to the use of material or Trustee, and all Electronic Services by shall be provided to Company without acceptance of legal liability related to or arising out of the Sponsorelectronic nature of the delivery or provision of such Services. No Except as otherwise stated in this Agreement, no rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Products or Services and related material. The Trustee hereby grants to Company a non-exclusive, non-transferable revocable right and license to use the Electronic Products and Services in accordance with the terms and conditions of this Agreement. (d) To the extent that any Electronic Products or Services utilize Internet internet services to transport data or communications, the Trustee will take, and Plan Sponsor Company agrees to follow, reasonable security precautions; , however, the Trustee disclaims any liability for interception of any such data or communications. The Trustee reserves the right not to accept data or communications transmitted via electronic media by Company or a third party if it determines that the media does not provide adequate data security, or if it is not administratively feasible for the Trustee to use the data security provided. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet internet or network services, or any other service required for electronic communication. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material Electronic Products or Services after delivering it to Company. (2) Effective close of business April 22, 2004, amending the “investment options” section of Schedule “A” to delete the reference to the “Janus Worldwide Fund” and replace it with “Janus Worldwide Fund (frozen to new contributions and exchanges in).” (3) Effective close of business May 28, 2004, amending the “investment options” section of Schedule “A” to delete the following: • Janus Worldwide Fund (frozen to new contributions and exchanges in) (4) Effective close of business May 28, 2004, amending the “investment options” section of Schedule “A” to add the following: • Xxxxxxxxx World Fund—Class A • American AAdvantage Small Cap Value Fund—Plan SponsorAhead Class (5) Restating, in its entirety, the “Non-Fidelity Mutual Funds” section of Schedule “B” as follows: Non-Fidelity Mutual Funds: Fees paid directly to Fidelity Investments Institutional Operations Company, Inc. (FIIOC) or its affiliates by Non-Fidelity Mutual Fund vendors shall be posted and updated quarterly on Plan Sponsor Webstation at xxxx://xxx.xxxxxxxx.xxx or a successor site. (6) Restating, in its entirety, the “Other Fees” section of Schedule “B” as follows: Other Fees: separate charges may apply for extraordinary expenses resulting from large numbers of simultaneous manual transactions, from errors not caused by Fidelity, reports not contemplated in this Agreement, corporate actions, or the provision of communications materials in hard copy which are also accessible to participants via electronic services in the event that the provision of such material in hard copy would result in an additional expense deemed to be material.

Electronic Services. (a) The Trustee may provide communications and services via electronic medium ("Electronic Services")) and/or software products ("Electronic Products") via electronic media, including, but not limited to, to Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, Sponsor and its agents agree to use such Electronic Services and employees agree Electronic Products only in the course of reasonable administration of or participation in the Plan and to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software Electronic Products or services Electronic Services or any portion thereof without the Trustee's written consent, except, in cases where Trustee has specifically notified the Sponsor that the Electronic Products or Services are suitable for delivery to Sponsor's Participants, for non-commercial personal use by Participants or beneficiaries with respect to their participation in the plan or for their other retirement planning purposes. (b) The Sponsor shall be responsible for installing and maintaining all Electronic Products, (including any programming required to accomplish the installation) and for displaying any and all content associated with Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service such content will appear in the same form and content exactly as it appears on the form of delivery, when delivered to Sponsor. All Electronic Products and for any programming required to accomplish the installation. Materials provided for Plan Sponsor's intranet web sites shall be installed by the Sponsor and Services shall be clearly identified as originating from Fidelitythe Trustee or its affiliate. The Sponsor shall promptly remove Electronic Products or Services from its computer network and/or Intranet, or replace the Electronic Service Products or Services with an updated service products or services provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services Products shall be provided to the Sponsor without any express or implied legal warranties or acceptance of legal liability by the Trustee relative Trustee, and all Electronic Services shall be provided to the use Sponsor without acceptance of material legal liability related to or Electronic Services by arising out of the Sponsorelectronic nature of the delivery or provision of such Services. No Except as otherwise stated in this Agreement, no rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Products or Services and related material. The Trustee hereby grants to the Sponsor a non-exclusive, non-transferable revocable right and license to use the Electronic Products and Services in accordance with the terms and conditions of this Agreement. (d) To the extent that any Electronic Products or Services utilize Internet services to transport data or communications, the Trustee will take, and Plan Sponsor agrees to follow, reasonable security precautions; , however, except as provided in Section 8(d), the Trustee disclaims any liability for interception of any such data or communications. The Trustee reserves the right not to accept data or communications transmitted via electronic media by the Sponsor or a third party if it determines that the media does not provide adequate data security, or if it is not administratively feasible for the Trustee to use the data security provided. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet or network services, or any other service required for electronic communication. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material Electronic Products or Services after delivering it to the Plan Sponsor.

Electronic Services. (a) The Trustee may provide communications and services via electronic medium ("Electronic Services"), including, but not limited to, Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, its agents and employees agree to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software or services without the Trustee's written consent. (b) The Sponsor shall be responsible for installing and maintaining all Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service will appear in the same form and content as it appears on the form of delivery, and for any programming required to accomplish the installation. Materials provided for Plan Sponsor's intranet web sites shall be installed by the Sponsor and shall be clearly identified as originating from Fidelity. The Sponsor shall promptly remove Electronic Services from its computer network and/or Intranet, or replace the Electronic Service with an updated service provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services shall be provided to the Sponsor without any express or implied legal warranties or acceptance of legal liability by the Trustee relative to the use of material or Electronic Services by the Sponsor. No rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Services and related material. (d) To the extent that any Electronic Services utilize Internet services to transport data or communications, the Trustee will take, and Plan Sponsor agrees to follow, reasonable security precautions; however, the Trustee disclaims any liability for interception of any such data or communications. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet or network services. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material after delivering it to the Plan Sponsor. (6) Amending the "investment options" portion of Schedules "A" and "C" by adding the following: Bank United Corp. Common Stock Fund

Electronic Services. (a) The Trustee may provide communications and services via electronic medium ("Electronic Services")) and/or software products ("Electronic Products") via electronic media, including, but not limited to, to Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, Sponsor and its agents agree to use such Electronic Services and employees agree Electronic Products only in the course of reasonable administration of or participation in the Plan and to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software Electronic Products or services Electronic Services or any portion thereof without the Trustee's written consent, except, in cases where Trustee has specifically notified the Sponsor that the Electronic Products or Services are suitable for delivery to Sponsor's Participants, for non-commercial personal use by Participants or beneficiaries with respect to their participation in the Plan or for their other retirement planning purposes. (b) The Sponsor shall be responsible for installing and maintaining all Electronic Products, (including any programming required to accomplish the installation) and for displaying any and all content associated with Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service such content will appear in the same form and content exactly as it appears on the form of delivery, when delivered to Sponsor. All Electronic Products and for any programming required to accomplish the installation. Materials provided for Plan Sponsor's intranet web sites shall be installed by the Sponsor and Services shall be clearly identified as originating from Fidelitythe Trustee or its affiliate. The Sponsor shall promptly remove Electronic Products or Services from its computer network and/or Intranet, or replace the Electronic Service Products or Services with an updated service products or services provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services Products shall be provided to the Sponsor without any express or implied legal warranties or acceptance of legal liability by the Trustee relative Trustee, and all Electronic Services shall be provided to the use Sponsor without acceptance of material legal liability related to or Electronic Services by arising out of the Sponsorelectronic nature of the delivery or provision of such Services. No Except as otherwise stated in this Agreement, no rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Products or Services and related material. The Trustee hereby grants to the Sponsor a non-exclusive, non-transferable revocable right and license to use the Electronic Products and Services in accordance with the terms and conditions of this Agreement. (d) To the extent that any Electronic Products or Services utilize Internet services to transport data or communications, the Trustee will take, and Plan Sponsor agrees to follow, reasonable security precautions; , however, the Trustee disclaims any liability for interception of any such data or communications. The Trustee reserves the right not to accept data or communications transmitted via electronic media by the Sponsor or a third party if it determines that the media does not provide adequate data security, or if it is not administratively feasible for the Trustee to use the data security provided. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet or network services, or any other service required for electronic communication. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material Electronic Products or Services after delivering it to the Plan Sponsor.

Electronic Services. (a) The Trustee may provide communications and services via electronic medium ("Electronic Services"), including, but not limited to, Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, its agents and employees agree to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software or services without the Trustee's written consent. (b) The Sponsor shall be responsible for installing and maintaining all Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service will appear in the same form and content as it appears on the form of delivery, and for any programming required to accomplish the installation. Materials provided for Plan the Sponsor's intranet Intranet web sites shall be installed by the Sponsor and shall be clearly identified as originating from FidelityTrustee. The Sponsor shall promptly remove Electronic Services from its computer network and/or Intranet, or replace the Electronic Service with an updated service provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services shall be provided to the Sponsor without any express or implied legal warranties or acceptance of legal liability by the Trustee relative to the use of material or Electronic Services by the Sponsor. No rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Services and related material. (d) To the extent that any Electronic Services utilize Internet services to transport data or communications, the Trustee will take, and Plan the Sponsor agrees to follow, reasonable security precautions; however, the Trustee disclaims any liability for interception of any such data or communications. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet or network services. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material after delivering it to the Plan Sponsor.

Electronic Services. (a) The Trustee may provide communications and services (“Electronic Services”) and/or software products (“Electronic Products”) via electronic medium ("Electronic Services")media, including, but not limited to, to Fidelity Plan Sponsor WebStation. Such communications shall be in addition to, Client Intranetand not in lieu of, Client e-mailwritten statements for the Trust and for each Participant, interactive software products or any other information provided in an electronic formatissued no less frequently than quarterly. The Sponsor, Sponsor and its agents agree to use such Electronic Services and employees agree Electronic Products only in the course of reasonable administration of or participation in the Plan and to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software Electronic Products or services Electronic Services or any portion thereof without the Trustee's ’s written consent, except, in cases where Trustee has specifically notified the Sponsor that the Electronic Products or Services are suitable for delivery to Sponsor’s Participants, for non-commercial personal use by Participants or beneficiaries with respect to their participation in the Plan or for their other retirement planning purposes. (b) The Sponsor shall be responsible for installing and maintaining all Electronic Products, (including any programming required to accomplish the installation) and for displaying any and all content associated with Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service such content will appear in the same form and content exactly as it appears on the form of delivery, when delivered to Sponsor. All Electronic Products and for any programming required to accomplish the installation. Materials provided for Plan Sponsor's intranet web sites shall be installed by the Sponsor and Services shall be clearly identified as originating from Fidelitythe Trustee or its affiliate. The Sponsor shall promptly as soon as administratively practicable remove Electronic Products or Services from its computer network and/or Intranet, or replace the Electronic Service Products or Services with an updated service products or services provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services Products shall be provided to the Sponsor without any express or implied legal warranties or acceptance of legal liability by the Trustee relative Trustee, and all Electronic Services shall be provided to the use Sponsor without acceptance of material legal liability related to or Electronic Services by arising out of the Sponsorelectronic nature of the delivery or provision of such Services. No Except as otherwise stated in this Agreement, no rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Products or Services and related material. The Trustee hereby grants to the Sponsor a non-exclusive, non-transferable revocable right and license to use the Electronic Products and Services in accordance with the terms and conditions of this Agreement. (d) To the extent that any Electronic Products or Services utilize Internet services to transport data or communications, the Trustee will take, and Plan Sponsor agrees to follow, reasonable security precautions; , however, the Trustee disclaims any liability for interception of any such data or communications. The Trustee reserves the right not to accept data or communications transmitted via electronic media by the Sponsor or a third party if it determines that the media does not provide adequate data security, or if it is not administratively feasible for the Trustee to use the data security provided. The Trustee shall notify the Sponsor upon making such determination. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet or network services, or any other service required for electronic communication. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material Electronic Products or Services after delivering it to the Plan Sponsor.

Electronic Services. (a) The Trustee may provide communications and services via electronic medium ("“Electronic Services"”), including, but not limited to, Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, its agents and employees agree to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software or services without the Trustee's ’s written consent. (b) The Sponsor shall be responsible for installing and maintaining all Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service will appear in the same form and content as it appears on the form of delivery, and for any programming required to accomplish the installation. Materials provided for Plan Sponsor's ’s intranet web sites shall be installed by the Sponsor and shall be clearly identified as originating from Fidelity. The Sponsor shall promptly remove Electronic Services from its computer network and/or Intranet, or replace the Electronic Service with an updated service provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services shall be provided to the Sponsor without any express or implied legal warranties or acceptance of legal liability by the Trustee relative to the use of material or Electronic Services by the Sponsor. No rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Services and related material. (d) To the extent that any Electronic Services utilize Internet services to transport data or communications, the Trustee will take, and Plan Sponsor agrees to follow, reasonable security precautions; however, the Trustee disclaims any liability for interception of any such data or communications. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet or network services. , The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material after delivering it to the Plan Sponsor. (2) Amending the “investment options” portion of Schedule “A” by adding the following: • PIMCO Total Return Fund (3) Amending Schedule “B” by restating the first bullet point as follows: Other Fees: separate charges for optional non-discrimination testing, extraordinary expenses resulting from large numbers of simultaneous manual transactions, from errors not caused by Fidelity, reports not contemplated in this Agreement, or extraordinary and/or duplicative expenses associated with electronic services. The Administrator may withdraw reasonable administrative fees from the Trust by written direction to the Trustee.

Electronic Services. (a) The Trustee may provide communications and services via electronic medium ("Electronic Services"), including, but not limited to, Fidelity Plan Sponsor WebStation, Client Intranet, Client e-mail, interactive software products or any other information provided in an electronic format. The Sponsor, its agents and employees agree to keep confidential and not publish, copy, broadcast, retransmit, reproduce, commercially exploit or otherwise redisseminate the data, information, software or services without the Trustee's written consent. (b) The Sponsor shall be responsible for installing and maintaining all Electronic Services on its computer network and/or Intranet upon receipt in a manner so that the information provided via the Electronic Service will appear in the same form and content as it appears on the form of delivery, and for any programming required to accomplish the installation. Materials provided for Plan Sponsor's intranet web sites shall be installed by the Sponsor and shall be clearly identified as originating from Fidelity. The Sponsor shall promptly remove Electronic Services from its computer network and/or Intranet, or replace the Electronic Service with an updated service provided by the Trustee, upon written notification (including written notification via facsimile) by the Trustee. (c) All Electronic Services shall be provided to the Sponsor without any express or implied legal warranties or acceptance of legal liability by the Trustee relative to the use of material or Electronic Services by the Sponsor. No rights are conveyed to any property, intellectual or tangible, associated with the contents of the Electronic Services and related material. (d) To the extent -extent that any Electronic Services utilize Internet services to transport data or communications, the Trustee will take, and Plan Sponsor agrees to follow, reasonable security precautions; however, the Trustee disclaims any liability for interception of any such data or communications. The Trustee shall not be responsible for, and makes no warranties regarding access, speed or availability of Internet or network services. The Trustee shall not be responsible for any loss or damage related to or resulting from any changes or modifications to the electronic material after delivering it to the Plan Sponsor. (2) Amending the "investment options" section of Schedules "A" and "C" by adding the following: - Fidelity Diversified International Fund (3) Amending Schedule "B" by restating the first bullet point as follows: