Common use of Use of an Affiliated Broker Clause in Contracts

Use of an Affiliated Broker. The Sponsor hereby directs the Trustee to use Fidelity Capital Markets and its affiliates ("Capital Markets") to provide brokerage services in connection with any purchase or sale of Sponsor Stock in accordance with directions from Plan Participants. Capital Markets shall execute such directions directly or through its affiliate, National Financial Services Company ("NFSC"). The provision of brokerage services shall be subject to the following: (1) As consideration for such brokerage services, the Sponsor agrees that Capital Markets shall be entitled to remuneration under this authorization provision in an amount of no greater than three and two-fifths cents ($.032) commission on each share of Sponsor Stock. Any change in such remuneration may be made only by a signed agreement between Sponsor and Trustee. (2) The Trustee will provide the Sponsor with a description of Capital Markets' brokerage placement practices and a form by which the Sponsor may terminate this direction to use a broker affiliated with the Trustee. The Trustee will provide the Sponsor with this termination form annually, as well as quarterly and annual reports which summarize all securities transaction-related charges incurred by the Plan. (3) Any successor organization of Capital Markets, through reorganization, consolidation, merger or similar transactions, may, upon consumption of such transaction, become the successor broker in accordance with the terms of this direction provision. (4) The Trustee and Capital Markets shall continue to rely on this direction provision until notified to the contrary. The Sponsor reserves the right to terminate this direction upon sixty (60) days written notice to Capital Markets (or its successor) and the Trustee, in accordance with Section 11 of this Agreement.

Use of an Affiliated Broker. The Sponsor Fortune hereby directs the Trustee to use Fidelity Capital Markets and its affiliates ("Capital Markets") to provide brokerage services in connection with any purchase or sale of Sponsor Fortune Common Stock in accordance with directions from Plan Participants. Capital Markets shall execute such directions directly or through its affiliate, National Financial Services Company ("NFSC"). The provision of brokerage services shall be subject to the following: (1) As consideration for such brokerage services, the Sponsor Fortune agrees that Capital Markets shall be entitled to remuneration under this authorization direction provision in an amount of no greater more than three and twoone-fifths fifth cents ($.032) commission on each share of Sponsor Fortune Common Stock. Any change in such remuneration may be made only by a signed agreement between Sponsor Fortune and Trustee. (2) The Trustee will provide the Sponsor Fortune with a description of Capital Markets' brokerage placement practices and a form by which the Sponsor Fortune may terminate this direction to use a broker affiliated with the Trustee. The Trustee will provide the Sponsor Fortune with this termination form annually, as well as quarterly and annual reports which summarize all securities transaction-related charges incurred by the Plan. (3) Any successor organization of Capital Markets, through reorganization, consolidation, merger or similar transactions, mayshall, upon consumption consummation of such transaction, become the successor broker in accordance with the terms of this direction provision. (4) The Trustee and Capital Markets shall continue to rely on this direction provision until notified to the contrary. The Sponsor Fortune reserves the right to terminate this direction upon sixty (60) days written notice to Capital Markets (or its successor) and the Trustee, in accordance with Section 11 16 of this Agreement.

Use of an Affiliated Broker. The Sponsor hereby directs the Trustee to use Fidelity Capital Markets and its affiliates ("Capital MarketsCAPITAL MARKETS") to provide brokerage services in connection with any purchase or sale of Sponsor Stock in accordance with directions from Plan Participantsparticipants. Capital Markets shall execute such directions directly or through its affiliate, National Financial Services Company ("NFSC"). The provision of brokerage services shall be subject to the following: (1) As consideration for such brokerage services, the Sponsor agrees that Capital Markets shall be entitled to remuneration under this authorization direction provision in an amount of no greater more than three and twoone-fifths fifth cents ($.032) commission on each share of Sponsor Stock. Any change in such remuneration may be made only by a signed agreement between Sponsor and Trustee. (2) The Trustee will provide the Sponsor with a description of Capital Markets' brokerage placement practices and a form by which the Sponsor may terminate this direction to use a broker affiliated with the Trustee. The Trustee will provide the Sponsor with this termination form annually, as well as quarterly and annual reports which summarize all securities transaction-related charges incurred by the Plan. (3) Any successor organization of Capital Markets, through reorganization, consolidation, merger or similar transactions, mayshall, upon consumption consummation of such transaction, become the successor broker in accordance with the terms of this direction provisiondirection. (4) The Trustee and Capital Markets shall continue to rely on this direction provision until notified to the contrary. The Sponsor reserves the right to terminate this direction upon sixty (60) days written notice to Capital Markets (or its successor) and the Trustee, in accordance with Section 11 of this Agreement.

Use of an Affiliated Broker. The Sponsor Named Fiduciary hereby directs the Trustee to use Fidelity Capital Markets and its affiliates ("Capital Markets") to provide brokerage services in connection with any purchase or sale of Sponsor Stock in accordance with directions from Plan Participants. Capital Markets shall execute such directions directly or through its affiliate, National Financial Services Company ("NFSC"). The provision of brokerage services shall be subject to the following: (1) As consideration for such brokerage services, the Sponsor Named Fiduciary agrees that Capital Markets shall be entitled to remuneration under this authorization provision in an the amount of no greater than three and two-fifths five cents ($.032.05) commission on each share of Sponsor StockStock up to 9,999 shares in a singular transaction, four cents ($.04) commission on each share of Sponsor Stock from 10,000 to 19,999 shares in a singular transaction, and three and two-fifth cents ($.034) commission on each share of Sponsor Stock with 20,000 or more shares in a singular transaction. Any change in such remuneration may be made only by a signed agreement between Sponsor and Trustee. (2) The Trustee will provide the Sponsor with the following: a description of Capital Markets' brokerage placement practices and a form by which the Sponsor may terminate this direction to use a broker affiliated with the Trustee. The Trustee will provide the Sponsor with this termination form annually, as well as quarterly and annual reports which summarize all securities transaction-related charges incurred by the Plan. (3) Any successor organization of Capital Markets, through reorganization, consolidation, merger or similar transactions, mayshall, upon consumption consummation of such transaction, become the successor broker in accordance with the terms of this direction authorization provision. (4) The Trustee and Capital Markets shall continue to rely on this direction provision until notified to the contrary. The Sponsor reserves the right to terminate this direction upon sixty (60) days written notice to Capital Markets (or its successor) and the Trustee, in accordance with Section 11 of this Agreement.

Use of an Affiliated Broker. The Sponsor hereby directs authorizes the --------------------------- Trustee to use Fidelity Capital Markets and its affiliates ("Capital Markets") to provide brokerage services in connection with any purchase or sale of Sponsor Stock HEI common stock on the open market in accordance with directions from Plan Participantsparticipants. Capital Markets shall execute such directions directly or through its affiliate, National Financial Services Company ("NFSC"). The provision of brokerage services shall be subject to the following: (1) As consideration for such brokerage services, the Sponsor agrees that Capital Markets shall be entitled to remuneration under this authorization provision in an amount of no greater more than three and twoone-fifths fifth cents ($.032) commission on each share of Sponsor StockHEI common stock purchased or sold. Any change in such remuneration may be made only by a signed agreement between Sponsor and Trustee. (2) The Trustee will provide the Sponsor with a description of Capital Markets' brokerage placement practices and a form by which the Sponsor may terminate this direction to use a broker affiliated with the Trustee. The Trustee will provide the Sponsor with this termination form annually, as well as quarterly and annual reports which summarize all securities transaction-related charges incurred by the Plan. (3) Any successor organization of Capital Markets, through reorganization, consolidation, merger or similar transactions, mayshall, upon consumption of such transaction, become the successor broker in accordance with the terms of this direction authorization provision, provided Capital Markets provides advance written notice of such transfer to the Sponsor. (4) The Trustee and authorization by the Sponsor to use Capital Markets shall continue to rely on for brokerage services as provided in this direction provision until notified Section is terminable at will by the Sponsor, without penalty to the contrary. The Sponsor reserves Plan, upon receipt by the right to terminate this direction upon sixty (60) days Trustee of a written notice to Capital Markets (or its successor) and the Trustee, in accordance with Section 11 of this Agreementtermination.

Use of an Affiliated Broker. The Sponsor hereby directs the Trustee to use Fidelity Capital Markets and its affiliates Markets, Inc. ("Capital Markets") to provide brokerage services in connection with any purchase or sale of Sponsor Stock in accordance with directions from Plan Participantsparticipants. Capital Markets shall execute such directions directly or through its affiliate, National Financial Services Company ("NFSC"). The provision of brokerage services shall be subject to the following: (1) As consideration for such brokerage services, the Sponsor agrees that Capital Markets shall be entitled to remuneration under this authorization direction provision in an the amount of no greater than three and twoone-fifths half cents ($.032.035) commission on each share of Sponsor Stock. Any change in such remuneration may be made only by a signed agreement between Sponsor and Trustee. (2) The Trustee will provide the Sponsor with a description of Capital Markets' brokerage placement practices and a form by which the Sponsor may terminate this direction to use a broker affiliated with the Trustee. The Trustee will provide the Sponsor with this termination form annually, as well as quarterly and annual reports which summarize all securities transaction-related charges incurred by the Plan. (3) Any successor organization of Capital Markets, through reorganization, consolidation, merger or similar transactions, mayshall, upon consumption consummation of such transaction, become the successor broker in accordance with the terms of this direction provision. (4) The Trustee and Capital Markets shall continue to rely on this direction provision until notified to the contrary. The Sponsor reserves the right to terminate this direction upon sixty (60) days written notice to Capital Markets (or its successor) and the Trustee, in accordance with Section 11 of this Agreement.

Use of an Affiliated Broker. The Sponsor hereby directs the Trustee to use Fidelity Capital Markets and its affiliates ("Capital Markets") to provide brokerage services in connection with any purchase or sale of Sponsor Stock in accordance with directions from Plan Participantsparticipants. Capital Markets shall execute such directions directly or through its affiliate, National Financial Services Company ("NFSC"). The provision of brokerage services shall be subject to the following: (1) As consideration for such brokerage services, the Sponsor agrees that Capital Markets shall be entitled to remuneration under this authorization direction provision in an amount of no greater more than three and twoone-fifths fifth cents ($.032) commission on each share of Sponsor Stock. Any change in such remuneration may be made only by a signed agreement between Sponsor and Trustee. (2) The Trustee will provide the Sponsor with a description of Capital Markets' brokerage placement practices and a form by which the Sponsor may terminate this direction to use a broker affiliated with the Trustee. The Trustee will provide the Sponsor with this termination form annually, as well as quarterly and annual reports which summarize all securities transaction-related charges incurred by the Plan. (3) Any successor organization of Capital Markets, through reorganization, consolidation, merger or similar transactions, mayshall, upon consumption consummation of such transaction, become the successor broker in accordance with the terms of this direction provision. (4) The Trustee and Capital Markets shall continue to rely on this direction provision until notified to the contrary. The Sponsor reserves the right to terminate this direction upon sixty (60) days written notice to Capital Markets (or its successor) and the Trustee, in accordance with Section 11 of this Agreement.

Use of an Affiliated Broker. The Sponsor hereby directs the Trustee to use Fidelity Capital Markets and its affiliates Markets, a division of National Financial Services LLC ("“Capital Markets"”) to provide brokerage services in connection with any purchase or sale of Sponsor Stock Xxxxxxxx ADRs on the open market, except in circumstances where the Trustee has determined, in accordance with directions from Plan Participantsits standard trading guidelines or pursuant to Sponsor direction, to seek expedited settlement of the trades. Capital Markets shall execute such directions directly or through its affiliate, National Financial Services Company ("NFSC")affiliates. The provision of brokerage services shall be subject to the following: (1) As consideration for such brokerage services, the Sponsor agrees that Capital Markets shall be entitled to remuneration under this authorization direction provision in an amount of no greater more than three and twoone-fifths fifth cents ($.032) commission on each share of Sponsor StockXxxxxxxx ADRs. Any change in such remuneration may be made only by a signed written agreement between Sponsor and Trustee. (2) The Trustee will provide the Sponsor with a description of Capital Markets' brokerage placement practices and a form by which the Sponsor may terminate this direction to use a broker affiliated with the Trustee. The Trustee will provide the Sponsor with this termination form annually, as well as quarterly and annual periodic reports which summarize all securities transaction-related charges incurred by the with respect to trades of Xxxxxxxx ADRs for such Plan. (3) Any successor organization of Capital Markets, through reorganization, consolidation, merger or similar transactions, mayshall, upon consumption consummation of such transaction, become the successor broker in accordance with the terms of this direction provision. (4) The Trustee and Capital Markets shall continue to rely on this direction provision until notified to the contrary. The Sponsor reserves the right to terminate this direction upon sixty (60) days written notice to Capital Markets (or its successor) and the Trustee, in accordance with Section 11 16 of this Agreement.. Fortune Brands, Inc. 3 Third Amendment - LPS

Use of an Affiliated Broker. The Sponsor Named Fiduciary hereby directs the Trustee to use Fidelity Capital Markets and its affiliates ("Capital Markets") to provide brokerage services in connection with any purchase or sale of Sponsor Stock in accordance with directions from Plan Participantsparticipants. Capital Markets shall execute such directions directly or through its affiliate, National Financial Services Company ("NFSC"). The provision of brokerage services shall be subject to the following: (1) As consideration for such brokerage services, the Sponsor Named Fiduciary agrees that Capital Markets shall be entitled to remuneration under this authorization direction provision in an the amount of no greater than three and two-fifths five cents ($.032.05) commission on each share of Sponsor StockStock up to 10,000 shares in a singular transaction, four cents ($.04) commission on each share of Sponsor Stock from 10,001 to 20,000 shares in a singular transaction, and three and one-half cents ($.035) commission on each share of Sponsor Stock in excess of 20,000 shares in a singular transaction. Any change in such remuneration may be made only by a signed agreement between Sponsor and Trustee. (2) The Trustee will provide the Sponsor with a description of Capital Markets' brokerage placement practices and a form by which the Sponsor may terminate this direction to use a broker affiliated with the Trustee. The Trustee will provide the Sponsor with this termination form annually, as well as quarterly and annual reports which summarize all securities transaction-related charges incurred by the Plan. (3) Any successor organization of Capital Markets, through reorganization, consolidation, merger or similar transactions, mayshall, upon consumption consummation of such transaction, become the successor broker in accordance with the terms of this direction provision. (4) The Trustee and Capital Markets shall continue to rely on this direction provision until notified to the contrary. The Sponsor reserves the right to terminate this direction upon sixty (60) days written notice to Capital Markets (or its successor) and the Trustee, in accordance with Section 11 of this Agreement.

Use of an Affiliated Broker. The Sponsor Named Fiduciary hereby directs the Trustee to use Fidelity Capital Markets and its affiliates ("Capital Markets") to provide brokerage services in connection with any purchase or sale of Sponsor Stock in accordance with directions from Plan Participantsparticipants. Capital Markets shall execute such directions directly or through its affiliate, National Financial Services Company ("NFSC"). The provision of brokerage services shall be subject to the following: (1) As consideration for such brokerage services, the Sponsor Named Fiduciary agrees that Capital Markets shall be entitled to remuneration under this authorization provision in an the amount of no greater than three and two-fifths five cents ($.032.05) commission on each share of Sponsor StockStock up to 10,000 shares in a singular transaction, four cents ($.04) commission on each share of Sponsor Stock from 10,001 to 20,000 shares in a singular transaction, and three and one-half cents ($.035) commission on each share of Sponsor Stock in excess of 20,000 shares in a singular transaction. Any change in such remuneration may be made only by a signed agreement between Sponsor and Trustee. (2) The Trustee will provide the Sponsor with the following: a description of Capital Markets' brokerage placement practices and a form by which the Sponsor may terminate this direction to use a broker affiliated with the Trustee. The Trustee will provide the Sponsor with this termination form annually, as well as quarterly and annual reports which summarize all securities transaction-related charges incurred by the Plan. (3) Any successor organization of Capital Markets, through reorganization, consolidation, merger or similar transactions, mayshall, upon consumption consummation of such transaction, become the successor broker in accordance with the terms of this direction authorization provision. (4) The Trustee and Capital Markets shall continue to rely on this direction provision until notified to the contrary. The Sponsor reserves the right to terminate this direction upon sixty (60) days written notice to Capital Markets (or its successor) and the Trustee, in accordance with Section 11 of this Agreement.

Use of an Affiliated Broker. The Sponsor --------------------------- hereby directs authorizes the Trustee to use Fidelity Capital Markets and its affiliates Markets, a division of National Financial Services LLC ("Capital Markets") to provide brokerage services in connection with any purchase or sale of Sponsor Stock HEI common stock on the open market, in accordance with directions from Plan Participantsparticipants. Capital Markets shall execute such directions directly or through its affiliate, National Financial Services Company ("NFSC")affiliates. The provision of brokerage services shall be subject to the following: (1) As consideration for such brokerage services, the Sponsor agrees that Capital Markets shall be entitled to remuneration under this authorization provision in an amount of no greater more than three and twoone-fifths fifth cents ($.032) commission on each share of Sponsor StockHEI common stock purchased or sold. Any change in such remuneration may be made only by a signed written agreement between Sponsor and Trustee. (2) The Trustee will provide the Sponsor with a description of Capital Markets' brokerage placement practices and a form by which the Sponsor may terminate this direction to use a broker affiliated with the Trustee. The Trustee will provide the Sponsor with this termination form annually, as well as quarterly and annual periodic reports which summarize all securities transaction-related charges incurred by with respect to trades of HEI common stock for the Plan. (3) Any successor organization of Capital Markets, through reorganization, consolidation, merger or similar transactions, mayshall, upon consumption consummation of such transaction, become the successor broker in accordance with the terms of this direction authorization provision, provided Capital Markets provides advance written notice of such transfer to the Sponsor. (4) The Trustee and authorization by the Sponsor to use Capital Markets shall continue to rely on for brokerage services as provided in this direction provision until notified Section is terminable at will by the Sponsor, without penalty to the contrary. The Sponsor reserves Plan, upon receipt by the right to terminate this direction upon sixty (60) days Trustee of a written notice to Capital Markets (or its successor) and the Trusteeof termination, in accordance with Section 11 of this Agreement.

Use of an Affiliated Broker. The Sponsor Named Fiduciary hereby --------------------------- directs the Trustee to use Fidelity Capital Markets and its affiliates ("Capital Markets") NFSLLC to provide brokerage services in connection with any purchase or sale of Sponsor FMC Technologies Stock on the open market, except in circumstances where the Trustee has determined, in accordance with directions from Plan Participantsits standard trading guidelines or pursuant to Sponsor direction, to seek expedited settlement of the trades. Capital Markets NFSLLC shall execute such directions directly or through any of its affiliate, National Financial Services Company ("NFSC")affiliates. The provision of brokerage services shall be subject to the following: (1) As consideration for such brokerage services, the Sponsor Named Fiduciary agrees that Capital Markets NFSLLC shall be entitled to remuneration under this authorization direction provision in an amount of no greater more than three and twoone-fifths fifth cents ($.032) commission on each share of Sponsor FMC Technologies Stock. Any change in such remuneration may be made only by a signed agreement between Sponsor the Named Fiduciary and Trustee. (2) The Trustee will provide the Sponsor Named Fiduciary with a description of Capital Markets' brokerage placement practices and a form by which the Sponsor may terminate this direction to use a broker affiliated with the Trustee. The Trustee will provide the Sponsor with this termination form annually, as well as quarterly and annual periodic reports which summarize all securities transaction-related charges incurred by the with respect to trades of FMC Technologies Stock for such Plan. (3) Any successor organization of Capital MarketsNFSLLC, through reorganization, consolidation, merger or similar transactions, mayshall, upon consumption consummation of such transaction, become the successor broker in accordance with the terms of this direction provision. (4) The Trustee and Capital Markets NFSLLC shall continue to rely on this direction provision until notified to the contrary. The Sponsor Named Fiduciary reserves the right to terminate this direction upon sixty (60) days written notice to Capital Markets NFSLLC (or its successor) and the Trustee, in accordance with Section 11 12 of this Agreement.