Common use of Representations and Responsibilities Clause in Contracts

Representations and Responsibilities. The IRA Owner represents and warrants to the Custodian that any information he or she has given or will give to the Custodian with respect to this Agreement is complete and accurate. Further, the IRA Owner agrees that any directions the IRA Owner gives, or action the IRA Owner takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information or directions. If the Custodian fails to receive directions from the IRA Owner regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes that any transaction requested is in dispute, the Custodian reserves the right to take no action until further clarification acceptable to the Custodian is received from the IRA Owner or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA Owner’s directions to the Custodian, or the IRA Owner’s actions or failures to act, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA Owner incurs in connection with the IRA. The Custodian has no duty to determine whether the IRA Owner’s contributions or distributions comply with the Code, Regulations, rulings, or this Agreement. The Custodian may permit the IRA Owner to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA Owner’s behalf with respect to this Agreement (e.g., attorney-in- fact, executor, administrator, investment manager), however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA Owner’s authorized agent, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act by the IRA Owner’s authorized agent. The IRA Owner will have sixty (60) days after receiving any documents, statements, or other information from the Custodian to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If the IRA Owner does not notify the Custodian within 60 days, the documents, statements, or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, or the transactions described therein. By performing services under this Agreement the Custodian is acting as the IRA Owner’s agent. The IRA Owner acknowledges and agrees that nothing in this Agreement shall be construed as conferring fiduciary status upon the Custodian. The Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to IRAs. The IRA Owner agrees to indemnify and hold the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulations.

Representations and Responsibilities. The IRA Owner represents and warrants to the Custodian that any information he or she has given or will give to the Custodian with respect to this Agreement is complete and accurate. Further, the IRA Owner agrees that any directions the IRA Owner gives, or action the IRA Owner takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information or directions. If the Custodian fails to receive directions from the IRA Owner regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes that any transaction requested is in dispute, the Custodian reserves the right to take no action until further clarification acceptable to the Custodian is received from the IRA Owner or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA Owner’s directions to the Custodian, or the IRA Owner’s actions or failures to act, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA Owner incurs in connection with the IRA. The Custodian has no duty to determine whether the IRA Owner’s contributions or distributions comply with the Code, Regulations, rulings, or this Agreement. The Custodian may permit the IRA Owner to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA Owner’s behalf with respect to this Agreement (e.g., attorney-in- fact, executor, administrator, investment manager), however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA Owner’s authorized agent, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act by the IRA Owner’s authorized agent. The IRA Owner will have sixty (60) days after receiving any documents, statements, or other information from the Custodian to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If the IRA Owner does not notify the Custodian within 60 days, the documents, statements, or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, or the transactions described therein. therein.‌‌‌ By performing services under this Agreement the Custodian is acting as the IRA Owner’s agent. The IRA Owner acknowledges and agrees that nothing in this Agreement shall be construed as conferring fiduciary status upon the Custodian. The Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to IRAs. The IRA Owner agrees to indemnify and hold the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulations.

Representations and Responsibilities. The IRA Owner represents and warrants to the Custodian that any information he or she has given or will give to the Custodian with respect to this Agreement is complete and accurate. Further, the IRA Owner agrees that any directions the IRA Owner gives, or action the IRA Owner takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information or directions. If the Custodian fails to receive directions from the IRA Owner regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes that any transaction requested is in dispute, the Custodian reserves the right to take no action until further clarification acceptable to the Custodian is received from the IRA Owner or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA Owner’s directions to the Custodian, or the IRA Owner’s actions or failures to act, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA Owner incurs in connection with the IRA. The Custodian has no duty to determine whether the IRA Owner’s contributions or distributions comply with the Code, Regulations, rulings, or this Agreement. The Custodian may permit the IRA Owner to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA Owner’s behalf with respect to this Agreement (e.g., attorney-in- in-fact, executor, administrator, investment manager), however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA Owner’s authorized agent, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act by the IRA Owner’s authorized agent. The IRA Owner will have sixty (60) days after receiving any documents, statements, or other information from the Custodian to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If the IRA Owner does not notify the Custodian within 60 days, the documents, statements, or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, or the transactions described therein. By performing services under this Agreement the Custodian is acting as the IRA Owner’s agent. The IRA Owner acknowledges and agrees that nothing in this Agreement shall be construed as conferring fiduciary status upon the Custodian. The Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to IRAs. The IRA Owner agrees to indemnify and hold the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulations.

Representations and Responsibilities. The IRA Owner Participant represents and warrants to the Custodian that any information he or she has they have given or will give to the Custodian with respect to this Agreement is complete and accurate. Further, the IRA Owner Participant agrees that any directions they give the IRA Owner givesCustodian, or action the IRA Owner Participant takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information or directions. If the Custodian fails to receive directions from the IRA Owner Participant regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes that any transaction requested is in dispute, the Custodian it reserves the right to take no action until further clarification acceptable to the Custodian is received from the IRA Owner Participant or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA OwnerParticipant’s directions to the Custodian, Custodian or the IRA OwnerParticipant’s actions or failures to act, and the IRA Owner Participant agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, actions or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA Owner Participant incurs in connection with the IRAParticipant’s Account. The Custodian has no duty to determine whether the IRA Owner’s Participant contributions or distributions comply with the Code, Regulationsregulations, rulings, rulings or this Agreement. The Custodian may permit the IRA Owner Participant to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA Owner’s their behalf with respect to this Agreement (e.g., attorney-in- in-fact, executor, administrator, investment manager), ; however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA OwnerParticipant’s authorized agent, and the IRA Owner Participant agrees to reimburse the Custodian for any loss the Custodian it may incur as a result of such directions, actions or failures to act by the IRA OwnerParticipant’s authorized agent. The IRA Owner Participant will have sixty (60) days after receiving he or she receives any documents, statements, statements or other information from the Custodian to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, statements or other information. If the IRA Owner Participant does not notify the Custodian within 60 days, the documents, statements, statements or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, information or the transactions described therein. By performing services under this Agreement the Custodian is acting as the IRA Owner’s agent. The IRA Owner acknowledges and agrees that nothing in this Agreement shall be construed as conferring fiduciary status upon the Custodian. The Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to IRAs. The IRA Owner agrees to indemnify and hold the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement Agreement, the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulations.

Representations and Responsibilities. The IRA XXX Owner represents and warrants to the Custodian that any information he or she has given or will give to the Custodian with respect to this Agreement is complete and accurate. Further, the IRA XXX Owner agrees that any directions the IRA XXX Owner gives, or action the IRA XXX Owner takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information or directions. If the Custodian fails to receive directions from the IRA XXX Owner regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes that any transaction requested is in dispute, the Custodian reserves the right to take no action until further clarification acceptable to the Custodian is received from the IRA XXX Owner or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA XXX Owner’s directions to the Custodian, or the IRA XXX Owner’s actions or failures to act, and the IRA XXX Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA XXX Owner incurs in connection with the IRAXXX. The Custodian has no duty to determine whether the IRA XXX Owner’s contributions or distributions comply with the Code, Regulations, rulings, or this Agreement. The Custodian may permit the IRA XXX Owner to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA XXX Owner’s behalf with respect to this Agreement (e.g., attorney-in- in-fact, executor, administrator, investment manager), however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA XXX Owner’s authorized agent, and the IRA XXX Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act by the IRA XXX Owner’s authorized agent. The IRA XXX Owner will have sixty (60) days after receiving any documents, statements, or other information from the Custodian to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If the IRA XXX Owner does not notify the Custodian within 60 days, the documents, statements, or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, or the transactions described therein. By performing services under this Agreement the Custodian is acting as the IRA XXX Owner’s agent. The IRA XXX Owner acknowledges and agrees that nothing in this Agreement shall be construed as conferring fiduciary status upon the Custodian. The Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to IRAs. The IRA XXX Owner agrees to indemnify and hold the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulations.

Representations and Responsibilities. The IRA Owner represents Grantor and warrants the Responsible Individual represent and warrant to the Custodian Trustee that any information he or she has the Grantor and Responsible Individual have given or will give to the Custodian Trustee with respect to this Agreement is complete and accurate. Further, the IRA Owner agrees Grantor and the Responsible Individual agree that any directions they give the IRA Owner gives, Trustee or action the IRA Owner takes they take will be proper under this Agreement, Agreement and that the Custodian Trustee is entitled to rely upon any such information or directions. If the Custodian Trustee fails to receive directions from the IRA Owner regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or if the CustodianTrustee, in good faith, believes that any transaction requested is in dispute, the Custodian Trustee reserves the right to take no action until further clarification acceptable to the Custodian Trustee is received from the IRA Owner Responsible Individual or the appropriate government or judicial authority. The Custodian Trustee shall not be liable for acting upon any instructions given by the Responsible Individual named on the Application prior to the time the Trustee receives appropriate written notice that the Designated Beneficiary has met the requirements for assuming control of the Xxxxxxxxx ESA, or that a new Responsible Individual has been appointed. The Trustee shall not be responsible for losses of any kind that may result from the IRA OwnerGrantor’s and Responsible Individual’s directions to the Custodian, it or the IRA OwnerGrantor’s actions and Responsible Individual’s actions, or failures to act, . The Grantor and the IRA Owner agrees Responsible Individual agree to reimburse the Custodian Trustee for any loss the Custodian Trustee may incur as a result of such directions, actions, or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA Owner incurs in connection with the IRA. The Custodian Trustee has no duty to determine whether the IRA Owner’s contributions or distributions with respect to this Xxxxxxxxx ESA comply with the Code, Regulations, rulings, or this Agreement. The Custodian may permit the IRA Owner to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA Owner’s behalf with respect to this Agreement (e.g., attorney-in- fact, executor, administrator, investment manager), however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian and shall not be responsible for losses of any kind that may result from directionspenalties, actions or failures to act by the IRA Owner’s authorized agenttaxes, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act by the IRA Owner’s authorized agent. The IRA Owner will have sixty (60) days after receiving any documents, statementsjudgments, or other information from expenses of the Custodian Designated Beneficiary or any Grantor to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If the IRA Owner does not notify the Custodian within 60 days, the documents, statements, or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, or the transactions described thereinthis Xxxxxxxxx ESA. By performing services under this Agreement agreement, the Custodian Trustee is acting as the IRA OwnerResponsible Individual’s agent. The IRA Owner acknowledges Unless section 10.04(b) of the agreement applies, the Grantor, Responsible Individual, and agrees Designated Beneficiary acknowledge and agree that nothing in this Agreement shall agreement will be construed as conferring fiduciary status upon the CustodianTrustee. The Custodian shall Trustee will not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreementagreement, or as required under the Code and the Regulations regulations promulgated thereunder with respect to IRAsXxxxxxxxx ESAs. The IRA Owner agrees Designated Beneficiary, Grantor, and Responsible Individual agree to indemnify and hold the Custodian Trustee harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs costs, and expenses, including attorney’s fees, fees arising from, from or in connection with this agreement. Notwithstanding anything in this Agreement to the contrary, the Trustee may establish a policy permitting someone other than the Designated Beneficiary’s parent or legal guardian to serve as Responsible Individual, provided the individual is not prohibited by law from serving in that capacity and fulfilling his or her obligations under this Agreement. To the extent written instructions or notices are required under this Agreement agreement, the Custodian Trustee may accept or provide such information in any other form permitted by the Code or applicable regulations, including, but not limited to, electronic communication.

Representations and Responsibilities. The IRA Owner Participant represents and warrants to the Custodian that any information he or she has they have given or will give to the Custodian with respect to this Agreement (including without limitation any information regarding or determination of the fair market value of any asset of the Custodial Account) is complete and accurate. Further, the IRA Owner Participant agrees that any directions they give the IRA Owner givesCustodian, or action the IRA Owner Participant takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information or directions. If the Custodian fails to receive directions from the IRA Owner Participant regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes that any transaction requested is in dispute, the Custodian it reserves the right to take no action until further clarification acceptable to the Custodian is received from the IRA Owner Participant or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA OwnerParticipant’s directions to the Custodian, Custodian or the IRA OwnerParticipant’s actions or failures to act, and the IRA Owner Participant agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, actions or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA Owner Participant incurs in connection with the IRAParticipant’s Account. The Custodian shall not be liable for any loss of any kind which may result from the valuation of any asset the value of which is not readily ascertainable on either an established exchange or a generally recognized market. The Custodian has no duty to determine whether the IRA Owner’s Participant contributions or distributions comply with the Code, Regulationsregulations, rulings, rulings or this Agreement. The Custodian may permit the IRA Owner Participant to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA Owner’s their behalf with respect to this Agreement (e.g., attorney-in- in-fact, executor, administrator, investment manager), ; however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA OwnerParticipant’s authorized agent, and the IRA Owner Participant agrees to reimburse the Custodian for any loss the Custodian it may incur as a result of such directions, actions or failures to act by the IRA OwnerParticipant’s authorized agent. The IRA Owner Participant will have sixty (60) days after receiving he or she receives any documents, statements, statements or other information from the Custodian to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, statements or other information. If the IRA Owner Participant does not notify the Custodian within 60 days, the documents, statements, statements or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, information or the transactions described therein. By performing services under this Agreement the Custodian is acting as the IRA Owner’s agent. The IRA Owner acknowledges and agrees that nothing in this Agreement shall be construed as conferring fiduciary status upon the Custodian. The Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to IRAs. The IRA Owner agrees to indemnify and hold the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement Agreement, the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulations.

Representations and Responsibilities. (a) The IRA Owner represents and warrants to the Custodian that any information he or she has given or will give to the Custodian with respect to this Agreement is complete and accurate. Further, the IRA Owner agrees that any directions the IRA Owner gives, or action the IRA Owner takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information and instructions received with respect to your Account, and has no obligation to make further investigation or directionsinquiry except as required by law. If the Custodian fails to receive directions from the IRA The Account Owner regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes represents and warrants that any transaction requested is in dispute, the Custodian reserves the right to take no action until further clarification acceptable all information and instructions given to the Custodian is received from by the IRA Account Owner or are complete and accurate and that the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA Owner’s directions to the Custodian, or the IRA Owner’s actions or failures to act, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments incomplete or expenses inaccurate information provided by the IRA Account Owner incurs in connection with the IRAor Account Owner’s designated beneficiary(ies). The Custodian Account Owner agrees to be responsible for all tax consequences arising from contributions to and distributions from the Account and acknowledges that no tax or legal advice has no duty been provided by the Custodian. You are solely responsible for determining your eligibility to determine participate in the HSA, more specifically this Account, including the amount and deductibility of contributions to or for distributions from your Account for federal and/or state income tax purposes. You are solely responsible for determining whether or not the IRA Owner’s contributions or distributions comply with health plan meets the Coderequirements of a HDHP and whether any payments from your Account are used for qualified medical expenses. (b) Neither, Regulations, rulings, or this Agreement. The Custodian may permit the IRA Owner to appoint, through written notice acceptable to the Custodian, an authorized agent to act on its affiliates, or the IRA Owner’s behalf with respect to this Agreement (e.g., attorney-in- fact, executor, administrator, investment manager), however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian Funds shall not be responsible for losses of any kind that may result from directionslosses, actions or failures to act by the IRA Owner’s authorized agent, and the IRA Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act by the IRA Owner’s authorized agent. The IRA Owner will have sixty (60) days after receiving any documents, statements, penalties or other information from consequences to the Custodian to notify Account Owner, designated beneficiary or any other person arising out of the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If the IRA Owner does not notify the Custodian within 60 days, the documents, statements, or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other informationmaking of, or the transactions described thereinfailure to make, any contribution or withdrawal. (c) Neither the Custodian, its affiliates, or the Funds shall be liable (and neither assumes any responsibility) for the collection of contributions of the propriety of any contributions under this Agreement, or the purpose or propriety of any distribution made in accordance with the Account Owner’s written instructions, which matters are the sole responsibility of the Account Owner. For clarification, the Account Owner is also solely responsible for any tax consequences of distributions initiated through checks or debit card transactions. (d) By performing services under this Agreement Agreement, the Custodian is acting as the IRA Owner’s agentyour agent and is not acting in a discretionary or fiduciary capacity. The IRA Owner acknowledges You acknowledge and agrees agree that nothing in this Agreement shall be construed as conferring to confer fiduciary status upon the CustodianCustodian for any purpose. Neither the Custodian nor any of its affiliates or other service providers shall provide any investment advice to you in connection with your Account nor do we or our service providers have any duty to review and monitor any Fund investments you hold in your Account. Although the Custodian reserves the right to replace any investment option at its sole discretion, the Custodian will have no duty to monitor or replace the Funds made available to the Account Owner as Account investments and the Custodian makes no representation as to the quality or performance of any investment options. The Custodian will have no liability or responsibility for the investment decisions made by you and shall not be required to perform liable for any additional services unless specifically agreed to under loss with results from your exercise of investment control over your Account. You shall have and exercise exclusive responsibility and control over the terms and conditions investment of this Agreementany funds within your Account, or as required under the Code and the Regulations promulgated thereunder with respect Custodian has no duty to IRAs. question the investment directives provided by the Account Owner. (e) The IRA Owner agrees Account Owner, designated beneficiary, and their successors, heirs and assigns, including any executor or administrator of the beneficiary, shall, to the extent permitted by law, indemnify and hold the Custodian and the Funds and their successors and assigns harmless for from any and all claims, actionsactions or liabilities of the Custodian, proceedingsexcept such as may arise from the Custodian’s own bad faith, damagesnegligence, judgments, liabilities, costs and expenses, including attorney’s fees, arising fromnonfeasance, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulationswillful misconduct.

Representations and Responsibilities. The IRA XXX Owner represents and warrants to the Custodian that any information he or she has given or will give to the Custodian with respect to this Agreement is complete and accurate. Further, the IRA XXX Owner agrees that any directions the IRA XXX Owner gives, or action the IRA XXX Owner takes will be proper under this Agreement, and that the Custodian is entitled to rely upon any such information or directions. If the Custodian fails to receive directions from the IRA XXX Owner regarding any transaction, or if the Custodian receives ambiguous directions regarding any transaction, or the Custodian, in good faith, believes that any transaction requested is in dispute, the Custodian reserves the right to take no action until further clarification acceptable to the Custodian is received from the IRA XXX Owner or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the IRA XXX Owner’s directions to the Custodian, or the IRA XXX Owner’s actions or failures to act, and the IRA XXX Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions, or failures to act. The Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA XXX Owner incurs in connection with the IRAXXX. The Custodian has no duty to determine whether the IRA XXX Owner’s contributions or distributions comply with the Code, Regulations, rulings, or this Agreement. The Custodian may permit the IRA XXX Owner to appoint, through written notice acceptable to the Custodian, an authorized agent to act on the IRA XXX Owner’s behalf with respect to this Agreement (e.g., attorney-in- fact, executor, administrator, investment manager), however, the Custodian has no duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA XXX Owner’s authorized agent, and the IRA XXX Owner agrees to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act by the IRA XXX Owner’s authorized agent. The IRA XXX Owner will have sixty (60) days after receiving any documents, statements, or other information from the Custodian to notify the Custodian in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If the IRA XXX Owner does not notify the Custodian within 60 days, the documents, statements, or other information shall be deemed correct and accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information, or the transactions described therein. By performing services under this Agreement the Custodian is acting as the IRA XXX Owner’s agent. The IRA XXX Owner acknowledges and agrees that nothing in this Agreement shall be construed as conferring fiduciary status upon the Custodian. The Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to IRAs. The IRA XXX Owner agrees to indemnify and hold the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement the Custodian may accept or provide such information in any other form permitted by the Code or applicable regulations.

Representations and Responsibilities. The IRA Owner represents You represent and warrants to the Custodian warrant that any information he you and/or your agents provide to us or she has given or will give to the Custodian TPA regarding your HSA with respect to this Agreement is complete and accurate. Further, the IRA Owner agrees you agree that any directions you give the IRA Owner gives, TPA or action the IRA Owner takes you take will be proper under this Agreement, and that the TPA and the Custodian is are entitled to rely upon any such information or directions. If the Custodian TPA fails to receive directions from the IRA Owner you regarding any transaction, or if the Custodian TPA receives ambiguous directions regarding any transaction, or the Custodian, TPA and/or the Custodian in good faith, believes faith believe that any transaction requested is in dispute, the TPA and the Custodian reserves both reserve the right to take no action until further clarification acceptable to the Custodian them is received from the IRA Owner you or the appropriate government or judicial authority. The Neither the TPA nor the Custodian shall be responsible in the event of any failure or interruption of services resulting from the act or omission of any third-party service provider used to give such direction and shall not be responsible for any losses. Neither the TPA nor the Custodian shall be responsible for losses of any kind that may result from the IRA Owner’s your directions to either the Custodian, TPA or the IRA Owner’s Custodian or your actions or failures to act, and the IRA Owner agrees you agree to reimburse the TPA and the Custodian for any loss the Custodian they may incur as a result of such directions, actions, actions or failures to act. The Neither the TPA nor the Custodian shall not be responsible for any penalties, taxes, judgments or expenses the IRA Owner incurs you incur in connection with your HSA. Neither the IRA. The TPA nor the Custodian has no have any duty to determine whether the IRA Owner’s your contributions or distributions comply with the Code, Treasury Regulations, rulings, IRS Rulings or this Agreement. The TPA and the Custodian have the right to require you to provide, on a form provided by or acceptable to the TPA, proof or certification that you are eligible to contribute to this HSA, including, but not limited to, proof or certification that you are covered by a HDHP. In no event shall the TPA or the Custodian be responsible to determine if contributions made by your employer to your HSA meet the requirements for comparable contributions, the rules of which are set forth in the Code and IRS published guidance. You acknowledge that establishment of your HSA is completely voluntary on your part and that, to the best of your knowledge, your employer does not (i) limit your ability to move funds to another HSA beyond restrictions imposed by the Code; (ii) impose conditions on utilization of HSA funds beyond those permitted under the Code; (iii) make or influence the investment decisions with respect to funds contributed to an HSA; (iv) represent that the HSA is an employee welfare benefit plan established or maintained by the employer; or (v) receive any payment or compensation in connection with the HSA. The TPA may permit the IRA Owner you to appoint, through written notice acceptable to the Custodianus, an authorized agent (in addition to your Designated Representative) to act on the IRA Owner’s your behalf with respect to this Agreement (e.g., attorney-in- in fact, executor, administrator, investment manager), ; however, neither the TPA nor the Custodian has no have any duty to determine the validity of such appointment or any instrument appointing such authorized agent. The Neither the TPA nor the Custodian shall not be responsible for losses of any kind that may result from directions, actions or failures to act by the IRA Owner’s your authorized agent, and the IRA Owner agrees you agree to reimburse the TPA and the Custodian for any loss the Custodian they may incur as a result of such directions, actions or failures to act by the IRA Owner’s your authorized agent. The IRA Owner You will have sixty thirty (6030) days after receiving you receive or the TPA makes available to you any documents, statements, account information or other information from the Custodian TPA to notify the Custodian TPA in writing of any errors or inaccuracies reflected in these documents, statements, account information or other information. If the IRA Owner does you do not notify the Custodian TPA within 60 thirty (30) days, the documents, statements, account information or other information shall be deemed correct and accurate, and the TPA and the Custodian shall have no further liability or obligation for such documents, statementsaccount information, other information, information or the transactions described therein. By performing services under this Agreement Agreement, we are acting as your agent. You acknowledge and agree that neither the TPA nor the Custodian is acting are services to you or your HSA as a fiduciary under the IRA Owner’s agent. The IRA Owner acknowledges Employee Retirement Income Security Act of 1974 ("ERISA") Section 3(21), under any comparable and agrees that applicable provisions of state or local law, or under the Investment Advisor's Act of 1940, and nothing in this Agreement shall be construed as conferring fiduciary status upon either the TPA or the Custodian. The Neither the TPA nor the Custodian shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder applicable guidance with respect to IRAsHSAs. The IRA Owner agrees You agree to indemnify and hold the TPA and the Custodian harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney’s attorneys' fees, arising from, from or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement Agreement, the TPA and/or the Custodian may accept or provide such information in any other form forms permitted by the Code or applicable regulationslaw, including through electronic mediums.