Common use of Use of an Affiliated Broker Clause in Contracts

Use of an Affiliated Broker. For all purchases and sales of HEI Common Stock on the open market, whether Participant-initiated or otherwise, the Named Fiduciary directs the Trustee to use FBSLLC to provide brokerage services. Subject to the provisions of this Agreement, FBSLLC shall execute such trades directly or through any of its affiliates. FBSLLC and its affiliates shall seek best execution in the provision of brokerage services in connection with the purchase and sale of HEI Common Stock; provided, however, in the event that there is market disruption, Fidelity will execute the trade as soon as possible thereafter. The provision of brokerage services shall be subject to the following: 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 direction provision. FBSLLC may assign its rights and obligations under this Agreement to any affiliate, provided that the assignee is bound by the terms hereof, including the provisions concerning remuneration. The Trustee and FBSLLC shall continue to rely on this direction provision until notified to the contrary. The Named Fiduciary reserves the right to terminate this direction upon written notice to FBSLLC (or its successors or assigns) and the Trustee, in accordance with the notice provisions of this Agreement. The Sponsor acknowledges that FBSLLC (and its successors and assigns) may rely upon this Agreement in establishing an account in the name of the Trustee for the Plan or its Participants, and in allowing each Participant to exercise limited trading authorization over such account, to the extent of his or her individual account balance in HEI Common Stock subject to Participant direction.

Use of an Affiliated Broker. For all purchases and sales of HEI Zions Common Stock or Zions Preferred Stock on the open market, whether Participant-initiated or otherwise, the Named Fiduciary Sponsor hereby directs the Trustee to use FBSLLC Fidelity Brokerage Services LLC (࿽FBSLLC࿽) to provide brokerage services. Subject to the provisions of this Agreementagreement, FBSLLC shall execute such trades directly or through any of its affiliates. FBSLLC and its affiliates shall seek best execution in the provision of brokerage services in connection with the purchase and sale of HEI Common Stock; provided, however, in the event that there is market disruption, Fidelity will execute the trade as soon as possible thereafter. The provision of brokerage services shall be subject to the following: : (A) 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 direction provision. FBSLLC may assign its rights and obligations under this Agreement agreement to any affiliate, provided that the assignee is bound by the terms hereof, including the provisions concerning remuneration. . (B) The Trustee and FBSLLC shall continue to rely on this direction provision until notified to the contrary. The Named Fiduciary reserves the right to terminate this direction upon written notice to FBSLLC (or its successors or assigns) and the Trustee, in accordance with the notice provisions Section 11 of this Agreement. . (C) The Sponsor acknowledges that FBSLLC (and its successors and assigns) may rely upon this Agreement in establishing an account in the name of the Trustee for the Plan or its ParticipantsPlan, and in allowing each Participant to exercise limited trading authorization over such account, to the extent of his or her individual account balance in HEI the Zions Common Stock Fund or Zions Preferred Stock Fund subject to Participant direction.

Use of an Affiliated Broker. For all purchases and sales of HEI Common Sponsor Stock on the open market, whether Participant-initiated or otherwise, the Named Fiduciary Committee hereby directs the Trustee to use FBSLLC to provide brokerage services. Subject to the provisions of this Agreementagreement, FBSLLC shall execute such trades directly or through any of its affiliates. FBSLLC and its affiliates shall seek best execution in the provision of brokerage services in connection with the purchase and sale of HEI Common Stock; provided, however, in the event that there is market disruption, Fidelity will execute the trade as soon as possible thereafter. The provision of brokerage services shall be subject to the following: : (1) As consideration for such brokerage services, the Committee agrees that FBSLLC shall be entitled to remuneration under this direction provision in the amount of $0.029 commission on each share of Sponsor Stock. Any increase in such remuneration may be made only by written agreement between the Committee and Trustee. (2) 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 direction provision. FBSLLC may assign its rights and obligations under this Agreement agreement to any affiliate, provided that the assignee is bound by the terms hereof, including the provisions concerning remuneration. . (3) The Trustee and FBSLLC shall continue to rely on this direction provision until notified to the contrary. The Named Fiduciary Committee reserves the right to terminate this direction upon written notice to FBSLLC (or its successors or assigns) and the Trustee, in accordance with the notice provisions Section 11 of this Agreement. . (4) The Plan Sponsor acknowledges that FBSLLC (and its successors and assigns) may rely upon this Trust Agreement in establishing an account in the name of the Trustee for the Plan or its Participants, and in allowing each Participant to exercise limited trading authorization over such account, to the extent of his or her individual account balance in HEI Common the Sponsor Stock Fund subject to Participant direction.