Common use of Operation of Digital Asset Protocols Clause in Contracts

Operation of Digital Asset Protocols. Trust Company does not own or control the underlying software protocols which govern the operation of Digital Assets supported on the Trust Company platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Custodial Services, Client acknowledges and agrees (i) that Trust Company is not responsible for operation of the underlying protocols and that Trust Company makes no guarantee of their functionality, security, or availability; (ii) that some underlying protocols are subject to consensus-based proof of stake validation methods which may allow, by virtue of their governance systems, changes to the associated blockchain or digital ledger (“Governance Modifiable Blockchains”), and that any Custody Transactions made by Client validated on such Governance Modifiable Blockchains may be affected accordingly; and (iii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Asset Client stores in Client’s Custodial Account. In the event of a fork, Client agrees that Trust Company may temporarily suspend Trust Company operations; provided that Trust Company shall (where practical) provide advance written notice to Client promptly upon becoming aware of such a potential suspension, and that Trust Company may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol. Client acknowledges and agrees that Trust Company assumes absolutely no liability, obligation or responsibility whatsoever in respect to the operation of underlying software protocols, transactions affected by Governance Modifiable Blockchains, or an unsupported branch of a forked protocol, and, accordingly, Client acknowledges and assumes the risk of the same. Certain confidential information contained in this document, marked by [***], has been omitted because the registrant has determined that the information (i) is not material and (ii) is the type that the registrant treats as private or confidential.

Operation of Digital Asset Protocols. Trust Company Coinbase Custody does not own or control the underlying software protocols which govern the operation of Digital Assets supported on in the Trust Company Coinbase Custody platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Custodial Services, Client acknowledges and agrees (i) that Trust Company is not responsible for operation of the underlying protocols and that Trust Company Coinbase Custody makes no guarantee of their the functionality, security, or availabilityavailability of underlying protocols; (ii) that some underlying protocols are subject to consensus-based proof of stake validation methods which may allow, by virtue of their governance systems, changes to the associated blockchain or digital ledger (“Governance Modifiable Blockchains”), and that any Custody Transactions made by Client validated on such Governance Modifiable Blockchains may be affected accordingly; and (iii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Asset Client stores in Client’s Custodial Account. In the event of a fork, Client agrees that Trust Company Coinbase Custody may temporarily suspend Trust Company operations; provided that Trust Company shall Coinbase Custody operations (where practical) provide advance written with or without notice to Client promptly upon becoming aware of such a potential suspension, Client) and that Trust Company Coinbase Custody may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocolprotocol entirely. Client acknowledges and agrees that Trust Company Coinbase Custody assumes absolutely no liability, obligation or responsibility whatsoever in respect to the operation of underlying software protocols, transactions affected by Governance Modifiable Blockchains, or an unsupported branch of a forked protocol, protocol and, accordingly, Client acknowledges and assumes the risk of the same. Certain confidential information contained in this document, marked by [***], has been omitted because the registrant has determined that the information (i) is not material and (ii) is the type that the registrant treats as private or confidential.

Operation of Digital Asset Protocols. Trust Company SAFE does not own or control the underlying software protocols which that govern the operation of Digital Assets supported on the Trust Company SAFE platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Custodial Services, Client acknowledges and agrees that (i) that Trust Company SAFE is not responsible for operation of the underlying protocols and that Trust Company SAFE makes no guarantee of their functionality, security, or availability; and (ii) that some underlying protocols are subject to consensus-based proof of stake validation methods which may allow, by virtue of their governance systems, changes to the associated blockchain or digital ledger (“Governance Modifiable Blockchains”), and that any Custody Transactions made by Client validated on such Governance Modifiable Blockchains may be affected accordingly; and (iii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a a.k.a. “forks”), and (iii) that such forks may materially affect the value, function, and/or even the name of the Digital Asset Assets that Client stores in Client’s Custodial Account. In the event of a fork, Client agrees that Trust Company SAFE may temporarily suspend Trust Company operations; provided that Trust Company shall SAFE operations with respect to the affected Digital Assets (where practical) provide with or without advance written notice to Client promptly upon becoming aware of such a potential suspension, Client) and that Trust Company SAFE may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocolprotocol entirely. Client acknowledges and agrees that Trust Company SAFE assumes absolutely no liability, obligation or responsibility liability whatsoever in respect to the operation of underlying software protocols, transactions affected by Governance Modifiable Blockchains, or an unsupported branch of a forked protocol or its determination whether or not to support a forked protocol, and, accordingly, . Client agrees that all “airdrops” (free distributions of certain Digital Assets) and forks will be handled by SAFE pursuant to its fork policy as set forth in the Terms of Service (the “Fork Policy”). Client acknowledges that SAFE is under no obligation to support any airdrops or forks, or handle them in any manner, except as detailed above and assumes in the risk of Fork Policy. Client further acknowledges that SAFE, at its sole discretion, may update the same. Certain confidential information contained in this document, marked by [***], has been omitted because the registrant has determined Fork Policy from time to time and post it on SAFE’s website or otherwise communicate to Client and Client agrees that the information (i) Client is not material and (ii) is the type that the registrant treats as private or confidentialresponsible for reviewing any such updates.

Operation of Digital Asset Protocols. Trust Company does not own or control the underlying software protocols which govern the operation of Digital Assets supported on the Trust Company platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Custodial Services, Client acknowledges and agrees (i) that Trust Company is not responsible for operation of the underlying protocols and that Trust Company makes no guarantee of their functionality, security, or availability; and (ii) that some underlying protocols are subject to consensus-based proof of stake validation methods which may allow, by virtue of their governance systems, changes to the associated blockchain or digital ledger (“Governance Modifiable Blockchains”), and that any Custody Transactions made by Client validated on such Governance Modifiable Blockchains may be affected accordingly; and (iii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Asset Client stores in Client’s Custodial Account. In the event of a fork, Client agrees that Trust Company may temporarily suspend Trust Company operations; provided that Trust Company shall (where practical) provide advance written notice to Client promptly upon becoming aware of such a potential suspension, and that Trust Company may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol. Client acknowledges and agrees protocol entirely; provided that Trust Company assumes absolutely no liability, obligation or responsibility whatsoever in respect to the operation will never cease supporting both branches of underlying software protocols, transactions affected by Governance Modifiable Blockchains, or an unsupported branch of a such forked protocol, and, accordingly, Client acknowledges and assumes the risk of the same. Certain confidential information contained in this document, marked by [***], has been omitted because the registrant Grayscale Bitcoin Trust (BTC) has determined that the information (i) is not material and (ii) is the type that would likely cause competitive harm to Grayscale Bitcoin Trust (BTC) if publicly disclosed. Confidential treatment requested by the registrant treats as private for its submission of this draft registration statement pursuant to Securities and Exchange Commission Rule 83 unless there is a potential security risk or confidentialregulatory or legal risk. Client acknowledges and agrees that Trust Company assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.

Operation of Digital Asset Protocols. Trust Company does 26.1 The Coinbase Entities do not own or control the underlying software protocols which govern the operation of Digital Assets supported on involved in connection with the Trust Company platformPrime Broker Services. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Custodial Prime Broker Services, Client acknowledges and agrees (i) that Trust Company is not responsible for operation of the underlying protocols and that Trust Company makes Coinbase Entities make no guarantee of their the functionality, security, or availabilityavailability of underlying protocols; (ii) that some underlying protocols are subject to consensus-based proof of stake validation methods which may allow, by virtue of their governance systems, changes to the associated blockchain or digital ledger (“Governance Modifiable Blockchains”), and that any Custody Transactions transactions made by or on behalf of Client validated on such Governance Modifiable Blockchains may be affected accordingly; and (iii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Asset Client stores Assets involved in the provision of Prime Broker Services to Client’s Custodial Account. In the event of a fork, Client agrees that Trust Company the Coinbase Entities may temporarily suspend Trust Company operations; provided that Trust Company Prime Broker Services (and shall (where practical) provide advance written notice to notify Client promptly upon becoming aware of such a potential suspension, suspension where possible) and that Trust Company the Coinbase Entities may, in its their sole but reasonable, good faith discretion, decide whether or not to support (or cease supporting) either branch of the forked protocolprotocol entirely. Client acknowledges and agrees that Trust Company assumes absolutely the Coinbase Entities shall have no liability, obligation or responsibility whatsoever in respect arising out of or relating to the operation of underlying software protocols, transactions affected by Governance Modifiable Blockchains, or an unsupported branch of a forked protocolprotocol that the Coinbase Entities decide reasonably and in good faith not to support, except as the result of a Coinbase Entity’s negligence, bad faith, fraud or willful misconduct, and, accordingly, Client acknowledges and assumes the risk of the same. Certain confidential information contained in this documentsame (other than the risk of a Coinbase Entity’s negligence, marked by [***]bad faith, has been omitted because the registrant has determined that the information (i) is not material and (ii) is the type that the registrant treats as private fraud or confidentialwillful misconduct).

Operation of Digital Asset Protocols. Trust Company Coinbase Custody does not own or control the underlying software protocols which govern the operation of Digital Assets supported on in the Trust Company Coinbase Custody platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Custodial Services, Client acknowledges and agrees (i) that Trust Company is not responsible for operation of the underlying protocols and that Trust Company Coinbase Custody makes no guarantee of their the functionality, security, or availabilityavailability of underlying protocols; (ii) that some underlying protocols are subject to consensus-based proof of stake validation methods which may allow, by virtue of their governance systems, changes to the associated blockchain or digital ledger (“Governance Modifiable Blockchains”), and that any Custody Transactions made by Client validated on such Governance Modifiable Blockchains may be affected accordingly; and (iii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of Coinbase Custody Coinbase Custodial Services Agreement the Digital Asset Client stores in Client’s Custodial Account. In the event of a fork, Client agrees that Trust Company Coinbase Custody may temporarily suspend Trust Company operations; provided that Trust Company shall Coinbase Custody operations (where practical) provide advance written with or without notice to Client promptly upon becoming aware of such a potential suspension, Client) and that Trust Company Coinbase Custody may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocolprotocol entirely. Client acknowledges and agrees that Trust Company Coinbase Custody assumes absolutely no liability, obligation or responsibility whatsoever in respect to the operation of underlying software protocols, transactions affected by Governance Modifiable Blockchains, or an unsupported branch of a forked protocol, protocol and, accordingly, Client acknowledges and assumes the risk of the same. Certain confidential information contained in this document, marked by [***], has been omitted because the registrant has determined that the information (i) is not material and (ii) is the type that the registrant treats as private or confidential.