Common use of Representations and Responsibilities Clause in Contracts

Representations and Responsibilities. The Depositor and the Responsible Individual represent and warrant to the Custodian that any information the Depositor and Responsible Individual have given or will give the Custodian with respect to this agreement is complete and accurate. Further, the Depositor and the Responsible Individual agree that any directions they give the Custodian, or action they take will be proper under this agreement and that the Custodian is entitled to rely upon any such information or directions. The Custodian shall not be liable for acting upon any instructions given by the Responsible Individual named on the Application prior to the time the Custodian 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 Custodian shall not be responsible for losses of any kind that may result from the Depositor’s and Responsible Individual’s directions to it or the Depositor’s and Responsible Individual’s actions or failures to act. The Depositor and Responsible Individual agree to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act. The Custodian has no duty to determine whether the contributions or distributions with respect to this Xxxxxxxxx ESA comply with the Code, regulations, rulings or this agreement and shall not be responsible for any penalties, taxes, judgments or expenses of the Designated Beneficiary or any Depositor to this Xxxxxxxxx ESA. Notwithstanding anything in this agreement to the contrary, the Custodian 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.

Representations and Responsibilities. The Depositor Participant represents and the Responsible Individual represent and warrant warrants to the Custodian that any information the Depositor and Responsible Individual they have given or will give the Custodian with respect to this agreement Agreement is complete and accurate. Further, the Depositor and the Responsible Individual agree Participant agrees that any directions they give the Custodian, or action they take the Participant takes will be proper under this agreement Agreement, and that the Custodian is entitled to rely upon any such information or directions. The Custodian shall Participant must certify that the Employer has permitted the Participant to establish this 403(b) Account in accordance with Department of Labor Regulations Section 2510.3-2(f) so that the Account will not be liable deemed to be an employee pension benefit plan for acting upon any instructions given by the Responsible Individual named on the Application prior to the time the Custodian receives appropriate written notice that the Designated Beneficiary has met the requirements for assuming control purposes of the Xxxxxxxxx ESAEmployee Retirement Income Security Act of 1974, or that a new Responsible Individual has been appointedas amended. The Custodian shall not have no responsibility to insure that the arrangement complies with such regulation. The Employer will be responsible for losses compliance with the requirements of Code Section 403(b)(12)(i), and the Custodian will have no responsibility for insuring that the Employer so complies except to the extent provided herein or otherwise required under Code Section 403(b) or regulations issued thereunder.The Participant will have sixty (60) days after he or she receives any documents, statements or other information from the Custodian to notify the Custodian in writing of any kind that may result from errors or inaccuracies reflected in these documents, statements or other information. If the Depositor’s Participant does not notify the Custodian within 60 days, the documents, statements or other information shall be deemed correct and Responsible Individual’s directions to it accurate, and the Custodian shall have no further liability or obligation for such documents, statements, other information or the Depositor’s and Responsible Individual’s actions transactions described therein. To the extent written instructions or failures to act. The Depositor and Responsible Individual agree to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act. The Custodian has no duty to determine whether the contributions or distributions with respect to notices are required under this Xxxxxxxxx ESA comply with the Code, regulations, rulings or this agreement and shall not be responsible for any penalties, taxes, judgments or expenses of the Designated Beneficiary or any Depositor to this Xxxxxxxxx ESA. Notwithstanding anything in this agreement to the contraryAgreement, the Custodian may establish a policy permitting someone accept or provide such information in any other than form permitted by the Designated Beneficiary’s parent Code 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 agreementapplicable regulations.

Representations and Responsibilities. The Depositor Grantor and the Responsible Individual represent and warrant to the Custodian Trustee that any information the Depositor Grantor and Responsible Individual have given or will give the Custodian Trustee with respect to this agreement Agreement is complete and accurate. Further, the Depositor Grantor and the Responsible Individual agree that any directions they give the Custodian, Trustee or action 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 Trustee fails to receive directions regarding any transaction, receives ambiguous directions regarding any transaction, or if the Trustee, in good faith, believes that any transaction requested is in dispute, the Trustee reserves the right to take no action until further clarification acceptable to the Trustee is received from the 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 Custodian 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 Custodian Trustee shall not be responsible for losses of any kind that may result from the DepositorGrantor’s and Responsible Individual’s directions to it or the DepositorGrantor’s and Responsible Individual’s actions actions, or failures to act. The Depositor Grantor and Responsible Individual agree to reimburse the Custodian Trustee for any loss the Custodian Trustee may incur as a result of such directions, actions actions, or failures to act. The Custodian Trustee has no duty to determine whether the contributions or distributions with respect to this Xxxxxxxxx ESA comply with the Code, regulationsRegulations, rulings rulings, or this agreement Agreement, and shall not be responsible for any penalties, taxes, judgments judgments, or expenses of the Designated Beneficiary or any Depositor Grantor to this Xxxxxxxxx ESA. By performing services under this agreement, the Trustee is acting as the Responsible Individual’s agent. Unless section 10.04(b) of the agreement applies, the Grantor, Responsible Individual, and Designated Beneficiary acknowledge and agree that nothing in this agreement will be construed as conferring fiduciary status upon the Trustee. The Trustee will 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 Xxxxxxxxx ESAs. The Designated Beneficiary, Grantor, and Responsible Individual agree to indemnify and hold the Trustee 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. Notwithstanding anything in this agreement Agreement to the contrary, the Custodian 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, the 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 Depositor and the Responsible Individual You represent and warrant to the Custodian that any information you and/or your agents provide to us or the Depositor and Responsible Individual have given or will give the Custodian TPA regarding your HSA with respect to this agreement Agreement is complete and accurate. Further, the Depositor and the Responsible Individual you agree that any directions they you give the Custodian, TPA or action they you take will be proper under this agreement Agreement, and that the TPA and the Custodian is are entitled to rely upon any such information or directions. The If the TPA fails to receive directions from you regarding any transaction, or if the TPA receives ambiguous directions regarding any transaction, or the TPA and/or the Custodian in good faith believe that any transaction requested is in dispute, the TPA and the Custodian both reserve the right to take no action until further clarification acceptable to them is received from you or the appropriate government or judicial authority. 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 liable responsible for acting upon any instructions given by losses. Neither the Responsible Individual named on the Application prior to the time TPA nor the Custodian 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 Custodian shall not be responsible for losses of any kind that may result from the Depositor’s and Responsible Individual’s your directions to it either the TPA or the Depositor’s and Responsible Individual’s Custodian or your actions or failures to act. The Depositor , and Responsible Individual 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. The Neither the TPA nor the Custodian has no duty to determine whether the contributions or distributions with respect to this Xxxxxxxxx ESA comply with the Code, regulations, rulings or this agreement and shall not be responsible for any penalties, taxes, judgments or expenses you incur in connection with your HSA. Neither the TPA nor the Custodian have any duty to determine whether your contributions or distributions comply with the Code, Treasury Regulations, 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 you to appoint, through written notice acceptable to us, an authorized agent (in addition to your Designated Beneficiary Representative) to act on your behalf with respect to this Agreement (e.g., attorney-in fact, executor, administrator, investment manager); however, neither the TPA nor the Custodian have any duty to determine the validity of such appointment or any Depositor instrument appointing such authorized agent. Neither the TPA nor the Custodian shall be responsible for losses of any kind that may result from directions, actions or failures to act by your authorized agent, and you agree to reimburse the TPA and the Custodian for any loss they may incur as a result of such directions, actions or failures to act by your authorized agent. You will have thirty (30) days after you receive or the TPA makes available to you any documents, account information or other information from the TPA to notify the TPA in writing of any errors or inaccuracies reflected in these documents, account information or other information. If you do not notify the TPA within thirty (30) days, the documents, 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, account information, other information or the transactions described therein. By performing services under this Xxxxxxxxx ESAAgreement, we are acting as your agent. Notwithstanding anything You acknowledge and agree that neither the TPA nor the Custodian are services to you or your HSA as a fiduciary under the Employee Retirement Income Security Act of 1974 ("ERISA") Section 3(21), under any comparable and applicable provisions of state or local law, or under the Investment Advisor's Act of 1940, and nothing in this agreement Agreement shall be construed as conferring fiduciary status upon either the TPA or the Custodian. Neither the TPA nor the Custodian shall be required to perform any additional services unless specifically agreed to under the contraryterms and conditions of this Agreement, or as required under the Code and the applicable guidance with respect to HSAs. 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 attorneys' fees, arising from or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement, the TPA and/or the Custodian may establish a policy permitting someone accept or provide such information in any other than the Designated Beneficiary’s parent or legal guardian to serve as Responsible Individualforms permitted by law, provided the individual is not prohibited by law from serving in that capacity and fulfilling his or her obligations under this agreementincluding through electronic mediums.

Representations and Responsibilities. The Depositor and the Responsible Individual represent and warrant to the Custodian that any information the Depositor and Responsible Individual have given or will give the Custodian with respect to this agreement is complete and accurate. Further, the Depositor Deposi- tor and the Responsible Individual agree that any directions they give the Custodian, or action they take 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 regarding any transaction, receives ambigu- ous directions regarding any transaction, or if 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 responsible individual or the appropriate government or judicial authority. The Custodian shall will not be liable for acting upon any instructions given by the Responsible Individual named on the Application prior to the time the Custodian receives appropriate appropri- ate 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 Custodian shall will not be responsible for losses of any kind that may result from the Depositor’s and Responsible Individual’s directions to it or the Depositor’s and Responsible Individual’s actions or failures to act. The Depositor and Responsible Individual agree 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 will not be responsible for any penalties, taxes, judgments, or expenses incurred in connec- tion with this Xxxxxxxxx ESA. The Custodian has no duty to determine whether the contributions or distributions with respect to this Xxxxxxxxx ESA comply with the Code, regulations, rulings rulings, or this agreement agreement. The responsible individual will have 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 Custodian is not notified within 60 days, the documents, statements, or other information will be deemed correct and shall accurate, and the Custodian will have no further liability or obligation for such documents, statements, other information, or the transactions described therein. By performing services under this agreement, the Custo- dian is acting as the responsible individual’s agent. The Custodian will not be responsible 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 Xxxxxxxxx ESAs. The Designated Beneficiary, Depositor, and Responsible Individual agree to indemnify and hold the Custodian harmless for any penaltiesand all claims, taxesactions, judgments proceed- ings, damages, judgments, liabilities, costs, and expenses, including attorney’s fees arising from or expenses of the Designated Beneficiary or any Depositor to in connection with this Xxxxxxxxx ESAagreement. Notwithstanding anything in this agreement to the contrary, the Custodian 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 capac- ity and fulfilling his or her obligations under 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 including, but not limited to, electronic communication.

Representations and Responsibilities. The Depositor and the Responsible Individual represent and warrant to the Custodian that any information the Depositor and Responsible Individual have given or will give the Custodian with respect to this agreement is complete and accurate. Further, the Depositor and the Responsible Individual agree that any directions they give the Custodian, or action they take will be proper under this agreement and that the Custodian is entitled to rely upon any such information or directions. The Custodian shall not be liable for acting upon any instructions given by the Responsible Individual named on the Application prior to the time the Custodian receives appropriate written notice that the Designated Beneficiary has met the requirements for assuming control of the Xxxxxxxxx txx Xxxxxxell ESA, or that a new Responsible Individual has been appointed. The Custodian shall not be responsible for losses of any kind that may result from the Depositor’s and Responsible Individual’s directions to it or the Depositor’s and Responsible Individual’s actions or failures to act. The Depositor and Responsible Individual agree to reimburse the Custodian for any loss the Custodian may incur as a result of such directions, actions or failures to act. The Custodian has no duty to determine whether the contributions or distributions with respect to this Xxxxxxxxx thxx Xxxxxxell ESA comply with the Code, regulations, rulings or this agreement and shall not be responsible for any penalties, taxes, judgments or expenses of the Designated Beneficiary or any Depositor to this Xxxxxxxxx thxx Xxxxxxell ESA. Notwithstanding anything in this agreement to the contrary, the Custodian 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.

Representations and Responsibilities. The Depositor Participant represents and the Responsible Individual represent and warrant warrants to the Custodian that any information the Depositor and Responsible Individual they have given or will give the Custodian with respect to this agreement 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 Depositor and the Responsible Individual agree Participant agrees that any directions they give the Custodian, or action they take the Participant takes will be proper under this agreement Agreement, and that the Custodian is entitled to rely upon any such information or directions. The If the Custodian shall not be liable for acting upon fails to receive directions from the Participant regarding any instructions given by the Responsible Individual named on the Application prior to the time transaction, or if the Custodian receives appropriate written notice that the Designated Beneficiary has met the requirements for assuming control of the Xxxxxxxxx ESAambiguous directions regarding any transaction, or the Custodian, in good faith, believes that a new Responsible Individual has been appointedany transaction requested is in dispute, it reserves the right to take no action until further clarification acceptable to the Custodian is received from the Participant or the appropriate government or judicial authority. The Custodian shall not be responsible for losses of any kind that may result from the Depositor’s and Responsible IndividualParticipant’s directions to it the Custodian or the Depositor’s and Responsible IndividualParticipant’s actions or failures to act. The Depositor , and Responsible Individual agree the Participant 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 has no duty to determine whether the contributions or distributions with respect to this Xxxxxxxxx ESA comply with the Code, regulations, rulings or this agreement and shall not be responsible for any penalties, taxes, judgments or expenses the Participant incurs in connection with the Participant’s Account. The Custodian shall not be liable for any loss of any kind which may result from the Designated Beneficiary 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 Participant contributions or distributions comply with the Code, regulations, rulings or this Agreement. The Custodian may permit the Participant to appoint, through written notice acceptable to the Custodian, an authorized agent to act on their 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 Depositor 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 Participant’s authorized agent, and the Participant agrees to reimburse the Custodian for any loss it may incur as a result of such directions, actions or failures to act by the Participant’s authorized agent. The Participant will have sixty (60) days after he or she receives 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 Participant 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. To the extent written instructions or notices are required under this Xxxxxxxxx ESA. Notwithstanding anything in this agreement to the contraryAgreement, the Custodian may establish a policy permitting someone accept or provide such information in any other than form permitted by the Designated Beneficiary’s parent Code 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 agreementapplicable regulations.