URepresentations and Warranties Related to Trust AccountsU. You acknowledge that inclusion of any account which is designated as a trust account, escrow account, “for the benefit of” account, or account of similar designation, in your setup for one or more services may result in access to such account – including use of the funds contained therein and access to information related to the beneficiaries of such account – by any authorized user specified by you. You represent and warrant that such inclusion and such access is not prohibited by any agreement by which you may be bound and does not violate any applicable law or any fiduciary or other duty or obligation you may have with respect to the account or the funds contained in it, and you assume all risks associated with such inclusion and access. You shall indemnify and hold us harmless from any claims, judgments, damages, costs, liabilities, interest, losses or expenses, including reasonable attorneys’ fees and court costs and expenses, that arise directly or indirectly from or in connection with such access and inclusion, and for any breach of any representations and warranties contained in this paragraph. You further represent and warrant that no account to be included in your setup of services contains funds that are in any way governed by or subject to the Employee Retirement Income Security Act of 1974 (“ERISA”), and you shall indemnify and hold us harmless from liability for any loss of ERISA funds as a result of use of such accounts. This obligation to indemnify, defend and hold harmless is limited to the extent provided under Section 768.28, Florida Statutes.
