Common use of Self-Directed Brokerage Option Clause in Contracts

Self-Directed Brokerage Option. If one of the Permissible Investments under the Plan is Fidelity BrokerageLink®, the self-directed brokerage option (“BrokerageLink”), the Employer hereby directs the Trustee to use Fidelity Brokerage Services LLC (“FBSLLC”) to purchase or sell individual securities for each Participant BrokerageLink account (“PBLA”) in accordance with investment directions provided by such Participant. The Employer directs the Trustee to establish a PBLA with FBSLLC in the name of the Trustee for each Participant electing to utilize the BrokerageLink option. Each electing Participant shall be granted limited trading authority over the PBLA established for such Participant, and FBSLLC shall accept and act upon instructions from such Participants to buy, sell, exchange, convert, tender, trade and otherwise acquire and dispose of securities in the PBLA. The provision of BrokerageLink shall be subject to the following: (a) Each Participant who elects to utilize the BrokerageLink option must complete a BrokerageLink Participant Acknowledgement Form which incorporates the provisions of the BrokerageLink Account Terms and Conditions. Upon acceptance by FBSLLC of the BrokerageLink Participant Acknowledgement Form, FBSLLC will establish a PBLA for the Participant. Participant activity in the PBLA will be governed by the BrokerageLink Participant Acknowledgement Form and the BrokerageLink Account Terms and Conditions. If the BrokerageLink Participant Acknowledgement Form or the BrokerageLink Account Terms and Conditions conflicts with the terms of this Trust, the Plan or an applicable statute or regulation, the Trust, the Plan or the applicable statute or regulation shall control. (b) Any successor organization of FBSLLC, through reorganization, consolidation, merger or similar transactions, shall, upon consummation of such transaction, become the successor broker in accordance with the terms of this authorization provision. (c) The Trustee and FBSLLC shall continue to rely on this direction provision until notified to the contrary. The Employer reserves the right to terminate this direction upon written notice to FBSLLC (or its successor) and the Trustee, such termination to be implemented as soon as administratively feasible. Such notice shall be deemed a direction to terminate BrokerageLink as an investment option. (d) The Trustee shall provide the Employer with a list of the types of securities which may not be purchased under BrokerageLink. Administrative procedures governing investment in and withdrawals from a PBLA will also be provided to the Employer by the Trustee. (e) With respect to exchanges from the Participant’s Account holding investments outside of the BrokerageLink option (hereinafter, the “SPO”) into the PBLA, the named fiduciary hereby directs the Trustee to submit for processing all instructions for purchases into the core account indicated in the BrokerageLink Account Terms and Conditions (the “BrokerageLink Core Account”) received before the close of the New York Stock Exchange (“NYSE”) on a particular date resulting from such exchange requests the next day that the NYSE is operating. (f) A Participant has the authority to designate an agent to have limited trading authority over assets in the PBLA established for such Participant. Such agent as the Participant may designate shall have the same authority to trade in and otherwise transact business in the PBLA, in the same manner and to the same extent as the Participant is otherwise empowered to do hereunder, and FBSLLC shall act upon instructions from the agent as if the instructions had come from the Participant. Designation of an agent by the Participant is subject to acceptance by FBSLLC of a completed BrokerageLink Third Party Limited Trading Authorization Form, the terms of which shall govern the activity of the Participant and the authorized agent. In the event that a provision of the BrokerageLink Third Party Limited Trading Authorization Form conflicts with the terms of the BrokerageLink Participant Acknowledgement Form, the BrokerageLink Account Terms and Conditions, this Trust, the Plan or an applicable statute or regulation, the terms of the BrokerageLink Participant Acknowledgement Form, the Brokerage Link Account Terms and Conditions, this Trust, the Plan or the applicable statute or regulation shall control. (g) The Participant shall be solely responsible for receiving and responding to all trade confirmations, account statements, prospectuses, annual reports, proxies and other materials that would otherwise be distributed to the owner of the PBLA. With respect to proxies for securities held in the PBLA, FBSLLC shall send a copy of the meeting notice and all proxies and proxy solicitation materials, together with a voting direction form, to the Participant and the Participant shall have the authority to direct the exercise of all shareholder rights attributable to those securities. The Trustee shall not exercise such rights in the absence of direction from the Participant. (h) FBSLLC shall buy, sell, exchange, convert, tender, trade and otherwise acquire and dispose of securities in each PBLA, transfer funds to and from the BrokerageLink Core Account and the SPO default fund, collect any fees or other remuneration due FBSLLC or any of its affiliates (other than the Fidelity BrokerageLink Plan related Account Fee, which shall be assessed and collected as described in the Service Agreement), and make distributions to the Participant, in accordance with the Service Agreement. No prior notice to or consent from the Participant is required. In the event of a transfer of the Plan to another service provider, the directions of the Employer in transferring Plan assets shall control. Such transfers may be effected without notice to or consent from the Participant. (i) FBSLLC may accept from the Participant changes to indicative data including, but not limited to, postal address, email address, and phone number associated with the PBLA established for the Participant.

Self-Directed Brokerage Option. If one of the Permissible Investments under the Plan is Fidelity BrokerageLink®, the self-directed brokerage option (“BrokerageLink”)option, the Employer hereby directs the Trustee to use Fidelity Brokerage Services LLC LLC, Member NYSE, SIPC or any of the Trustee's affiliates or subsidiaries (“FBSLLC”) collectively, "FBS"), an affiliate of the Trustee, to purchase or sell individual securities for each Participant BrokerageLink account (“PBLA”) Accounts in accordance with investment directions provided by such Participant. The Employer directs the Trustee to establish a PBLA with FBSLLC in the name of the Trustee for each Participant electing to utilize the BrokerageLink option. Each electing Participant shall be granted limited trading authority over the PBLA established for such Participant, and FBSLLC shall accept and act upon instructions from such Participants to buy, sell, exchange, convert, tender, trade and otherwise acquire and dispose of securities in the PBLAParticipants. The provision of BrokerageLink brokerage services by FBS shall be subject to the following: (a) Each Participant who elects to utilize The Trustee shall provide the BrokerageLink option must complete a BrokerageLink Participant Acknowledgement Form Employer with an annual report which incorporates the provisions of the BrokerageLink Account Terms summarizes brokerage transactions and Conditions. Upon acceptance by FBSLLC of the BrokerageLink Participant Acknowledgement Form, FBSLLC will establish a PBLA for the Participant. Participant activity in the PBLA will be governed transaction-related charges incurred by the BrokerageLink Participant Acknowledgement Form and the BrokerageLink Account Terms and Conditions. If the BrokerageLink Participant Acknowledgement Form or the BrokerageLink Account Terms and Conditions conflicts with the terms of this Trust, the Plan or an applicable statute or regulation, the Trust, the Plan or the applicable statute or regulation shall controlPlan. (b) Any successor organization of FBSLLCFBS, through reorganization, consolidation, merger merger, or similar transactionsotherwise, shall, upon consummation of such transaction, become the successor broker in accordance with the terms of this authorization direction provision. (c) The Trustee and FBSLLC FBS shall continue to rely on this direction provision until notified to the contrary. The Employer reserves the right to terminate this direction upon sixty (60) days written notice to FBSLLC FBS (or its successor) and the Trustee, and such termination to be implemented as soon as administratively feasible. Such notice shall be deemed a direction to terminate BrokerageLink as an investment optionalso have the effect of terminating the self-directed brokerage option for the Plan. (d) The Trustee shall provide the Employer with a list of the types of securities which that may not be purchased or held under BrokerageLinkthis self-directed brokerage option. Administrative The Trustee shall provide the Employer with administrative procedures and fees governing investment in and withdrawals or exchanges from the self-directed brokerage option. The Trustee shall have no liability in the event a PBLA will also be provided to the Employer by the TrusteeParticipant purchases a restricted security. (e) With respect to exchanges from Participants may authorize the Participant’s Account holding investments outside use of the BrokerageLink option (hereinafter, the “SPO”) into the PBLA, the named fiduciary hereby directs the Trustee to submit for processing all instructions for purchases into the core account indicated in the BrokerageLink Account Terms and Conditions (the “BrokerageLink Core Account”) received before the close of the New York Stock Exchange (“NYSE”) on a particular date resulting from such exchange requests the next day that the NYSE is operating. (f) A Participant has the authority to designate an agent to have limited trading authority over assets in their Accounts invested under the PBLA established for such Participant. Such agent as self-directed brokerage option provided that the Participant may designate shall have the same authority to trade in completes and otherwise transact business files with FBS a limited trading authorization and indemnification form in the PBLA, in the same manner and to the same extent as the Participant is otherwise empowered to do hereunder, and FBSLLC shall act upon instructions from the agent as if the instructions had come from the Participant. Designation of an agent form prescribed by the Participant is subject to acceptance by FBSLLC of a completed BrokerageLink Third Party Limited Trading Authorization Form, the terms of which shall govern the activity of the Participant and the authorized agent. In the event that a provision of the BrokerageLink Third Party Limited Trading Authorization Form conflicts with the terms of the BrokerageLink Participant Acknowledgement Form, the BrokerageLink Account Terms and Conditions, this Trust, the Plan or an applicable statute or regulation, the terms of the BrokerageLink Participant Acknowledgement Form, the Brokerage Link Account Terms and Conditions, this Trust, the Plan or the applicable statute or regulation shall controlFBS. (gf) The Participant PBS shall be solely responsible for receiving and responding to provide all trade confirmations, account statements, prospectuses, annual reports, proxies and other shareholder materials that would otherwise be distributed to each Participant with such securities allocated to his or her Account under the owner of the PBLAself-directed brokerage option. With respect to proxies for securities held in the PBLA, FBSLLC shall send a copy of the meeting notice and all proxies and proxy solicitation materials, together with a voting direction form, to the Participant and the The Participant shall have the authority to direct the exercise of all shareholder rights attributable to those securitiesthe securities allocated to his or her Account and it is intended that all such Participant directions shall be subject to ERISA Section 404(c). The Trustee shall not exercise any such shareholder rights in the absence of a direction from the Participant. (hg) FBSLLC shall buy, sell, exchange, convert, tender, trade and otherwise acquire and dispose of securities in each PBLA, transfer funds Self-directed brokerage accounts held under the Plan are subject to and from the BrokerageLink Core Account and the SPO default fund, collect any fees or other remuneration due FBSLLC or any of its affiliates (other than the Fidelity BrokerageLink Plan related Account Fee, which shall be assessed and collected as more fully described in the Service Agreement), and make distributions related self-directed brokerage documents provided to the ParticipantEmployer. If there are insufficient funds to cover the self-directed brokerage account trades and expenses, a liquidation may be made to cover the debit balance and, in accordance with the Service Agreement. No prior notice to or consent from the Participant is required. In the event of a transfer of the Plan to another service providerdoing so, the directions of the Employer in transferring Plan assets Trustee shall control. Such transfers may not be effected without notice deemed to or consent from the Participanthave exercised any discretion. (i) FBSLLC may accept from the Participant changes to indicative data including, but not limited to, postal address, email address, and phone number associated with the PBLA established for the Participant.

Self-Directed Brokerage Option. If one of the Permissible Investments under the Plan is Fidelity BrokerageLink®, the self-directed brokerage option (“BrokerageLink”)option, the Employer hereby directs the Trustee to use Fidelity Brokerage Services LLC LLC, Member NYSE, SIPC or any of the Trustee's affiliates or subsidiaries (“FBSLLC”) collectively, "FBS"), an affiliate of the Trustee, to purchase or sell individual securities for each Participant BrokerageLink account (“PBLA”) Accounts in accordance with investment directions provided by such Participant. The Employer directs the Trustee to establish a PBLA with FBSLLC in the name of the Trustee for each Participant electing to utilize the BrokerageLink option. Each electing Participant shall be granted limited trading authority over the PBLA established for such Participant, and FBSLLC shall accept and act upon instructions from such Participants to buy, sell, exchange, convert, tender, trade and otherwise acquire and dispose of securities in the PBLAParticipants. The provision of BrokerageLink brokerage services by FBS shall be subject to the following: (a) Each Participant who elects to utilize The Trustee shall provide the BrokerageLink option must complete a BrokerageLink Participant Acknowledgement Form Employer with an annual report which incorporates the provisions of the BrokerageLink Account Terms summarizes brokerage transactions and Conditions. Upon acceptance by FBSLLC of the BrokerageLink Participant Acknowledgement Form, FBSLLC will establish a PBLA for the Participant. Participant activity in the PBLA will be governed transaction-related charges incurred by the BrokerageLink Participant Acknowledgement Form and the BrokerageLink Account Terms and Conditions. If the BrokerageLink Participant Acknowledgement Form or the BrokerageLink Account Terms and Conditions conflicts with the terms of this Trust, the Plan or an applicable statute or regulation, the Trust, the Plan or the applicable statute or regulation shall controlPlan. (b) Any successor organization of FBSLLCFBS, through reorganization, consolidation, merger merger, or similar transactionsotherwise, shall, upon consummation of such transaction, become the successor broker in accordance with the terms of this authorization direction provision. (c) The Trustee and FBSLLC FBS shall continue to rely on this direction provision until notified to the contrary. The Employer reserves the right to terminate this direction upon sixty (60) days written notice to FBSLLC FBS (or its successor) and the Trustee, and such termination to be implemented as soon as administratively feasible. Such notice shall be deemed a direction to terminate BrokerageLink as an investment optionalso have the effect of terminating the self-directed brokerage option for the Plan. (d) The Trustee shall provide the Employer with a list of the types of securities which that may not be purchased or held under BrokerageLinkthis self-directed brokerage option. Administrative The Trustee shall provide the Employer with administrative procedures and fees governing investment in and withdrawals or exchanges from the self-directed brokerage option. The Trustee shall have no liability in the event a PBLA will also be provided to the Employer by the TrusteeParticipant purchases a restricted security. (e) With respect to exchanges from Participants may authorize the Participant’s Account holding investments outside use of the BrokerageLink option (hereinafter, the “SPO”) into the PBLA, the named fiduciary hereby directs the Trustee to submit for processing all instructions for purchases into the core account indicated in the BrokerageLink Account Terms and Conditions (the “BrokerageLink Core Account”) received before the close of the New York Stock Exchange (“NYSE”) on a particular date resulting from such exchange requests the next day that the NYSE is operating. (f) A Participant has the authority to designate an agent to have limited trading authority over assets in their Accounts invested under the PBLA established for such Participant. Such agent as self-directed brokerage option provided that the Participant may designate shall have the same authority to trade in completes and otherwise transact business files with FBS a limited trading authorization and indemnification form in the PBLA, in the same manner and to the same extent as the Participant is otherwise empowered to do hereunder, and FBSLLC shall act upon instructions from the agent as if the instructions had come from the Participant. Designation of an agent form prescribed by the Participant is subject to acceptance by FBSLLC of a completed BrokerageLink Third Party Limited Trading Authorization Form, the terms of which shall govern the activity of the Participant and the authorized agent. In the event that a provision of the BrokerageLink Third Party Limited Trading Authorization Form conflicts with the terms of the BrokerageLink Participant Acknowledgement Form, the BrokerageLink Account Terms and Conditions, this Trust, the Plan or an applicable statute or regulation, the terms of the BrokerageLink Participant Acknowledgement Form, the Brokerage Link Account Terms and Conditions, this Trust, the Plan or the applicable statute or regulation shall controlFBS. (gf) The Participant FBS shall be solely responsible for receiving and responding to provide all trade confirmations, account statements, prospectuses, annual reports, proxies and other shareholder materials that would otherwise be distributed to each Participant with such securities allocated to his or her Account under the owner of the PBLAself-directed brokerage option. With respect to proxies for securities held in the PBLA, FBSLLC shall send a copy of the meeting notice and all proxies and proxy solicitation materials, together with a voting direction form, to the Participant and the The Participant shall have the authority to direct the exercise of all shareholder rights attributable to those securitiesthe securities allocated to his or her Account and it is intended that all such Participant directions shall be subject to ERISA Section 404(c). The Trustee shall not exercise any such shareholder rights in the absence of a direction from the Participant. (hg) FBSLLC shall buy, sell, exchange, convert, tender, trade and otherwise acquire and dispose of securities in each PBLA, transfer funds Self-directed brokerage accounts held under the Plan are subject to and from the BrokerageLink Core Account and the SPO default fund, collect any fees or other remuneration due FBSLLC or any of its affiliates (other than the Fidelity BrokerageLink Plan related Account Fee, which shall be assessed and collected as more fully described in the Service Agreement), and make distributions related self-directed brokerage documents provided to the ParticipantEmployer. If there are insufficient funds to cover the self-directed brokerage account trades and expenses, a liquidation may be made to cover the debit balance and, in accordance with the Service Agreement. No prior notice to or consent from the Participant is required. In the event of a transfer of the Plan to another service providerdoing so, the directions of the Employer in transferring Plan assets Trustee shall control. Such transfers may not be effected without notice deemed to or consent from the Participanthave exercised any discretion. (i) FBSLLC may accept from the Participant changes to indicative data including, but not limited to, postal address, email address, and phone number associated with the PBLA established for the Participant.

Self-Directed Brokerage Option. If one of the Permissible Investments under the Plan is Fidelity BrokerageLink®, the self-directed brokerage option (“BrokerageLink”)option, the Employer hereby directs the Trustee to use Fidelity Brokerage Services LLC LLC, Member NYSE, SIPC or any of the Trustee's affiliates or subsidiaries (“FBSLLC”) collectively, "FBS"), an affiliate of the Trustee, to purchase or sell individual securities for each Participant BrokerageLink account (“PBLA”) Accounts in accordance with investment directions provided by such Participant. The Employer directs the Trustee to establish a PBLA with FBSLLC in the name of the Trustee for each Participant electing to utilize the BrokerageLink option. Each electing Participant shall be granted limited trading authority over the PBLA established for such Participant, and FBSLLC shall accept and act upon instructions from such Participants to buy, sell, exchange, convert, tender, trade and otherwise acquire and dispose of securities in the PBLAParticipants. The provision of BrokerageLink brokerage services by FBS shall be subject to the following: (a) Each Participant who elects to utilize The Trustee shall provide the BrokerageLink option must complete a BrokerageLink Participant Acknowledgement Form Employer with an annual report which incorporates the provisions of the BrokerageLink Account Terms summarizes brokerage transactions and Conditions. Upon acceptance by FBSLLC of the BrokerageLink Participant Acknowledgement Form, FBSLLC will establish a PBLA for the Participant. Participant activity in the PBLA will be governed transaction-related charges incurred by the BrokerageLink Participant Acknowledgement Form and the BrokerageLink Account Terms and Conditions. If the BrokerageLink Participant Acknowledgement Form or the BrokerageLink Account Terms and Conditions conflicts with the terms of this Trust, the Plan or an applicable statute or regulation, the Trust, the Plan or the applicable statute or regulation shall controlPlan. (b) Any successor organization of FBSLLCFBS, through reorganization, consolidation, merger merger, or similar transactionsotherwise, shall, upon consummation of such transaction, become the successor broker in accordance with the terms of this authorization direction provision. (c) The Trustee and FBSLLC FBS shall continue to rely on this direction provision until notified to the contrary. The Employer reserves the right to terminate this direction upon sixty (60) days written notice to FBSLLC FBS (or its successor) and the Trustee, and such termination to be implemented as soon as administratively feasible. Such notice shall be deemed a direction to terminate BrokerageLink as an investment optionalso have the effect of terminating the self-directed brokerage option for the Plan. (d) The Trustee shall provide the Employer with a list of the types of securities which that may not be purchased or held under BrokerageLinkthis self-directed brokerage option. Administrative The Trustee shall provide the Employer with administrative procedures and fees governing investment in and withdrawals or exchanges from the self-directed brokerage option. The Trustee shall have no liability in the event a PBLA will also be provided to the Employer by the TrusteeParticipant purchases a restricted security. (e) With respect to exchanges from Participants may authorize the Participant’s Account holding investments outside use of the BrokerageLink option (hereinafter, the “SPO”) into the PBLA, the named fiduciary hereby directs the Trustee to submit for processing all instructions for purchases into the core account indicated in the BrokerageLink Account Terms and Conditions (the “BrokerageLink Core Account”) received before the close of the New York Stock Exchange (“NYSE”) on a particular date resulting from such exchange requests the next day that the NYSE is operating. (f) A Participant has the authority to designate an agent to have limited trading authority over assets in their Accounts invested under the PBLA established for such Participant. Such agent as self-directed brokerage option provided that the Participant may designate shall have the same authority to trade in completes and otherwise transact business files with FBS a limited trading authorization and indemnification form in the PBLA, in the same manner and to the same extent as the Participant is otherwise empowered to do hereunder, and FBSLLC shall act upon instructions from the agent as if the instructions had come from the Participant. Designation of an agent form prescribed by the Participant is subject to acceptance by FBSLLC of a completed BrokerageLink Third Party Limited Trading Authorization Form, the terms of which shall govern the activity of the Participant and the authorized agent. In the event that a provision of the BrokerageLink Third Party Limited Trading Authorization Form conflicts with the terms of the BrokerageLink Participant Acknowledgement Form, the BrokerageLink Account Terms and Conditions, this Trust, the Plan or an applicable statute or regulation, the terms of the BrokerageLink Participant Acknowledgement Form, the Brokerage Link Account Terms and Conditions, this Trust, the Plan or the applicable statute or regulation shall controlFBS. (gf) The Participant FBS shall be solely responsible for receiving and responding to provide all trade confirmations, account statements, prospectuses, annual reports, proxies and other shareholder materials that would otherwise be distributed to each Participant with such securities allocated to his or her Account under the owner of the PBLAself-directed brokerage option. With respect to proxies for securities held in the PBLA, FBSLLC shall send a copy of the meeting notice and all proxies and proxy solicitation materials, together with a voting direction form, to the Participant and the The Participant shall have the authority to direct the exercise of all shareholder rights attributable to those securitiesthe securities allocated to his or her Account and it is intended that all such Participant directions shall be subject to ERISA Section 404(c). The Trustee shall not exercise any such shareholder rights in the absence of a direction from the Participant. (hg) FBSLLC shall buy, sell, exchange, convert, tender, trade and otherwise acquire and dispose of securities in each PBLA, transfer funds Self-directed brokerage accounts held under the Plan are subject to and from the BrokerageLink Core Account and the SPO default fund, collect any fees or other remuneration due FBSLLC or any of its affiliates (other than the Fidelity BrokerageLink Plan related Account Fee, which shall be assessed and collected as more fully described in the Service Agreement), and make distributions related self-directed brokerage documents provided to the ParticipantEmployer. If there are insufficient funds to cover the self- directed brokerage account trades and expenses, a liquidation may be made to cover the debit balance and, in accordance with the Service Agreement. No prior notice to or consent from the Participant is required. In the event of a transfer of the Plan to another service providerdoing so, the directions of the Employer in transferring Plan assets Trustee shall control. Such transfers may not be effected without notice deemed to or consent from the Participanthave exercised any discretion. (i) FBSLLC may accept from the Participant changes to indicative data including, but not limited to, postal address, email address, and phone number associated with the PBLA established for the Participant.