Important Information The Employee agrees to indemnify and hold the Employer and National Benefit Services, LLC (NBS) harmless against any and all actions, claims, and demands that may arise from the purchase of annuities or custodial accounts in this 403(b)
IMPORTANT NOTICE 为了保护甲方的自身权益，银行特此向甲方作出如下提示和建议： In order to protect Party A’s rights and interests, the Bank kindly reminds that:
(1) 甲方在购买任何产品（包括但不限于结构性存款产品）之前应当主动询问银行并务必仔细完整阅读相关产品销售文件，确保清楚全面地了解：（1）银行发行的产品清单，（2） 产品发行方，（3）产品特征，风险，期限等，以及（4）产品销售文件签约方等详情。 Prior to purchase of Product, Party A should initiatively inquire the Bank and read the Ancillary Documents of the relevant product in a complete and careful manner to ensure that it has clear and full knowledge of (i) Product’s features, (ii) terms and conditions of the Product, (iii) Product’s risk, and (iv) the Ancillary Documents
(2) 甲方可以使用银行的官方网站产品信息查询平台了解银行发行的产品；未在该平台收录的任何产品均为非银行发行产品。非银行发行和授权产品可能存在违规运作、缺乏有效风险控制和管理，信息披露不充分、风险揭示不到位，虚假和误导宣传等诸多风险，可能导致本金收益无法兑付，甚至可能血本无归。甲方须清楚了解购买非银行发行和授权产品的风险和后果由甲方自行承担。 Party A may use the Product information inquiry platform on the Bank’s official website to check and learn about Products. Any products other than Product are not Products issued by the Bank. Products which was not issued by Bank may be exposed to various risks such as operation in violation of regulations, lack of effective risk control, insufficient information disclosure, insufficient risk disclosure and false and misleading promotion, which may result in failure to pay any principal or interests thereon, even the loss of principal. Party A had been fully aware that, if it purchase Product that are not issued by the Bank, the risks and consequences thereof should be borne by itself.
(3) 银行发行的产品均通过正规渠道销售（银行柜台或邮件及其他银行公布的渠道），甲方不应要求或接受银行员工通过任何非正规渠道向甲方推介或销售产品。 Products issued by the Bank are sold through official channels (such as counters of the Bank’s branches, directly through relationship manager or through email and any other channels announced by the Bank). Party A should not request for or accept any Products promoted or sold by the Bank’s employees through any unofficial channels.
(4) 银行发行的产品均由银行从甲方指定账户扣划相关投资资金后进行后续投资运作或清算，甲方无需也不应向任何第三方实体或个人划转任何投资款。 With respect to Products issued by the Bank, the subsequent investment operation or liquidation thereof will be made by way of the Bank deducting of relevant deposit amount from the designated account of Party A, and Party A need not, nor be required, to transfer any funds to any third-party entity or individual.
(5) 甲方应妥善收存和保管所有产品购买文件和凭证，银行不为该文件和凭证的遗失承担任何责任。 Party A should duly keep and preserve all the Ancillary Documents and receipts of relevant Products. The Bank shall not be responsible and liable in relation to the loss of such documents.
(6) 如发现银行任何员工以任何方式向甲方推介或销售非银行发行产品，或者通过任何非正规渠道向甲方进行任何产品销售，或者为甲方就任何产品购买而安排或建议任何对外转账，请立即拨打银行客服热线进行举报反映:【0755-88285839】 Party A shall immediately report to the Bank by calling the customer-service hotline at [0755-88285839] if it encountered that any of the Bank’s employees in any way of promotion or sale of any product that is not issued by the Bank, or sale of any Product through any unofficial channel, or arrangement for or recommendation of any transfer of funds to a third party in respect of the purchase of any Products.
OTHER IMPORTANT TERMS 19.1 Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not pay us an amount when it is due and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
19.2 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sections of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
19.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation including within our group of companies. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may end our Agreement by closing your Profile by contacting us via the details set out in section 10.4.
19.4 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Agreement to another person if we expressly agree to this in writing. We may not be able to agree to this as doing so may likely put us in breach of our legal and regulatory obligations (including our obligations to comply with anti-money laundering laws).
19.5 Other people that may have rights under this contract. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in sections 13 (Compensation you may owe us).
19.6 The meaning of certain words and phrases not defined elsewhere:
Other Important Information Collection costs
Important Information About Procedures for Opening a New Account To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial organizations to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, you are required to provide your name, residential address, date of birth, and identification number. We may require other information that will allow us to identify you.
Human and Financial Resources to Implement Safeguards Requirements The Borrower shall make available necessary budgetary and human resources to fully implement the EMP and the RP.
OFFICE OF MANAGEMENT AND BUDGET (OMB) AUDIT REQUIREMENTS The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200.
PROCUREMENT ETHICS Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan, reward, or any promise thereof to any person acting as a procurement officer on behalf of the State of Utah, or who in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization.
Potential Conflicts and Compliance With Mixed and Shared Funding Exemptive Order 7.1. The Board of Trustees of the Fund (the “Board”) will monitor the Fund for the existence of any material irreconcilable conflict between the interests of the Contract owners of all separate accounts investing in the Fund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio is being managed; (e) a difference in voting instructions given by variable annuity contract and variable life insurance contract owners or by contract owners of different Participating Insurance Companies; or (f) a decision by a Participating Insurance Company to disregard the voting instructions of Contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
7.2. The Company will report any potential or existing conflicts of which it is aware to the Board. The Company will assist the Board in carrying out its responsibilities under the Mixed and Shared Funding Exemptive Order, by providing the Board with all information reasonably necessary for the Board to consider any issues raised. This includes, but is not limited to, an obligation by the Company to inform the Board whenever Contract owner voting instructions are to be disregarded. Such responsibilities shall be carried out by the Company with a view only to the interests of its Contract owners.
7.3. If it is determined by a majority of the Board, or a majority of its directors who are not interested persons of the Fund, the Distributor, the Adviser or any subadviser to any of the Portfolios (the “Independent Directors”), that a material irreconcilable conflict exists, the Company and other Participating Insurance Companies shall, at their expense and to the extent reasonably practicable (as determined by a majority of the Independent Directors), take whatever steps are necessary to remedy or eliminate the irreconcilable material conflict, up to and including: (1) withdrawing the assets allocable to some or all of the separate accounts from the Fund or any Portfolio and reinvesting such assets in a different investment medium, including (but not limited to) another Portfolio, or submitting the question whether such segregation should be implemented to a vote of all affected Contract owners and, as appropriate, segregating the assets of any appropriate group (i.e., annuity contract owners, life insurance contract owners, or variable contract owners of one or more Participating Insurance Companies) that votes in favor of such segregation, or offering to the affected contract owners the option of making such a change; and (2) establishing a new registered management investment company or managed separate account. The Company’s responsibility to take remedial action shall be carried out by the Company with a view only to the interests of Contract owners.
7.4. If a material irreconcilable conflict arises because of a decision by the Company to disregard Contract owner voting instructions and that decision represents a minority position or would preclude a majority vote, the Company may be required, at the Fund’s election, to withdraw the Account’s investment in the Fund and terminate this Agreement; provided, however, that such withdrawal and termination shall be limited to the extent required by the foregoing material irreconcilable conflict as determined by a majority of the Independent Directors. Any such withdrawal and termination must take place within six (6) months after the Fund gives written notice that this provision is being implemented, and until the end of that six-month period the Adviser, the Distributor and the Fund shall continue to accept and implement orders by the Company for the purchase (and redemption) of shares of the Fund, subject to the terms of the Fund’s then-current prospectus.
7.5. If a material irreconcilable conflict arises because a particular state insurance regulator’s decision applicable to the Company conflicts with the majority of other state regulators, then the Company will withdraw the Account’s investment in the Fund and terminate this Agreement within six months after the Board informs the Company in writing that it has determined that such decision has created an irreconcilable material conflict; provided, however, that such withdrawal and termination shall be limited to the extent required by the foregoing material irreconcilable conflict as determined by a majority of the Independent Directors. Until the end of the foregoing six-month period, the Fund shall continue to accept and implement orders by the Company for the purchase (and redemption) of shares of the Fund, subject to the terms of the Fund’s then-current prospectus.
7.6. For purposes of Sections 7.3 through 7.5 of this Agreement, a majority of the Independent Directors shall determine whether any proposed action adequately remedies any irreconcilable material conflict, but in no event will the Fund be required to establish a new funding medium for the Contracts. The Company shall not be required by Section 7.3 to establish a new funding medium for the Contracts if an offer to do so has been declined by vote of a majority of Contract owners affected by the irreconcilable material conflict. In the event that the Board determines that any proposed action does not adequately remedy any irreconcilable material conflict, then the Company will withdraw the Account’s investment in the Fund and terminate this Agreement within six (6) months after the Board informs the Company in writing of the foregoing determination; provided, however, that such withdrawal and termination shall be limited to the extent required by any such material irreconcilable conflict as determined by a majority of the Independent Directors.
7.7. If and to the extent that Rule 6e-2 and Rule 6e-3(T) are amended, or Rule 6e-3 is adopted, to provide exemptive relief from any provision of the 1940 Act or the rules promulgated thereunder with respect to mixed or shared funding (as defined in the Mixed and Shared Funding Exemptive Order) on terms and conditions materially different from those contained in the Mixed and Shared Funding Exemptive Order, then (a) the Fund and/or the Participating Insurance Companies, as appropriate, shall take such steps as may be necessary to comply with Rules 6e-2 and 6e-3(T), as amended, and Rule 6e-3, as adopted, to the extent such rules are applicable: and (b) Sections 3.5, 3.6, 3.7, 7.1, 7.2, 7.3, 7.4, and 7.5 of this Agreement shall continue in effect only to the extent that terms and conditions substantially identical to such Sections are contained in such Rule(s) as so amended or adopted.
Certification of Meeting or Exceeding Tobacco-Free Workplace Policy Minimum Standards A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of:
i. Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco;
ii. Designating the property to which this Policy applies as a "designated area,” which must at least comprise all buildings and structures where activities funded under this Grant Agreement are taking place, as well as Grantee owned, leased, or controlled sidewalks, parking lots, walkways, and attached parking structures immediately adjacent to this designated area;
iii. Applying to all employees and visitors in this designated area; and
iv. Providing for or referring its employees to tobacco use cessation services.
B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency.
