Common use of Electronic Signatures and Electronic Delivery of Documents Clause in Contracts

Electronic Signatures and Electronic Delivery of Documents. If the Dealer has adopted or adopts a process by which persons may authorize certain account-related transactions and/or requests, in whole or in part, by “Electronic Signature” (as such term is defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., the Uniform Electronic Transactions Act, as promulgated by the Uniform Conference of Commissioners on Uniform State Law in July 1999 and as adopted by the relevant jurisdiction(s) where the Dealer is licensed, and applicable rules, regulations and/or guidance relating to the use of electronic signatures issued by the SEC, FINRA and state securities administrators, including without limitation the NASAA Statement of Policy Regarding Use of Electronic Offering Documents and Electronic Signatures (the “NASAA E-Delivery and E-Signature Guidelines,” and collectively, “Electronic Signature Law”)), to the extent the Company allows the use of Electronic Signature, in whole or in part, the Dealer represents that: (i) each Electronic Signature will be genuine; (ii) each Electronic Signature will represent the signature of the person required to sign the subscription agreement or other document to which such Electronic Signature is affixed; and (iii) the Dealer will comply with the terms outlined in the Electronic Signature Use Rules of Engagement attached as Schedule III hereto.