Common use of Beneficiary Designation Clause in Contracts

Beneficiary Designation. The Account Owner may designate one or more persons or entities as primary and contingent Beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account Owner’s lifetime. Unless otherwise indicated, all subsequent Beneficiary designations revoke all prior designations. Beneficiaries may be changed or revoked by the Account Owner at any time by executing a written designation in a form and manner acceptable to the Custodian. If the Account Owner is married and subject to the marital or community property laws that require the consent of the Account Owner’s spouse to name a Beneficiary other than or in addition to such spouse, the Account Owner acknowledges that he or she is solely responsible for compliance with such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so comply. Upon the Account Owner’s death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicable. If no primary Beneficiaries survive the Account Owner, the Custodial Account will be paid to surviving contingent Beneficiaries, if any. If no primary or contingent Beneficiaries survive the Account Owner or if the Account Owner fails to designate Beneficiaries during his or her lifetime, the Account Owner’s estate shall be the Beneficiary. No payment will be made to any Beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, as determined by the Custodian in its sole discretion, and all fees and expenses applicable to the Account have been paid or satisfied from Account assets.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity(ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and Regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor's designated beneficiaries following the Depositor's death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent's IRA. A designation of successor beneficiaries submitted by the Depositor’s beneficiary must be in writing in a form and manner acceptable to the Custodian and filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the Depositor is married and subject to marital or community property laws that require the consent of the Depositor's spouse to name a beneficiary other than or in addition to such spouse, the Depositor understands that he or she is responsible for any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such designation. Upon the Depositor's death, the Custodial Account Owner at any time by executing a written designation will be paid to the surviving primary beneficiaries in equal shares unless indicated otherwise in a form and manner acceptable to the Custodian. If the Account Owner is married and subject to the marital or community property laws that require the consent of the Account Owner’s spouse to name a Beneficiary other than or in addition to such spouse, the Account Owner acknowledges that he or she is solely responsible for compliance with such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so comply. Upon the Account Owner’s death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicable. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate shall be following the BeneficiaryDepositor's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. If the balance of the Custodial Account has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the estate of the original beneficiary. No payment will be made to any beneficiary until the Custodian receives appropriate evidence of the Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), or to make inquiry or investigation concerning the possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary herein notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity(ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, Custodian filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor's designated beneficiary(ies) following the Depositor's death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent's IRA. A designation of successor beneficiaries submitted by the Depositor’s beneficiary must be in writing in a form and manner acceptable to the Custodian and filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the balance of the Custodial Account Owner at has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the estate of the original beneficiary. If the Depositor is married and subject to marital or community property laws that require the consent of the Depositor's spouse to name a beneficiary other than or in addition to such spouse, the Depositor understands that he or she is responsible for any time by executing and all tax and legal ramifications and he or she should consult a written designation competent tax and/or legal advisor before making such designation. Upon the Depositor's death, the Custodial Account will be paid to the surviving primary beneficiaries in equal shares unless indicated otherwise in a form and manner acceptable to the Custodian. If the Account Owner is married and subject to the marital or community property laws that require the consent of the Account Owner’s spouse to name a Beneficiary other than or in addition to such spouse, the Account Owner acknowledges that he or she is solely responsible for compliance with such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so comply. Upon the Account Owner’s death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicable. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate shall be following the BeneficiaryDepositor's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), or to make inquiry or investigation concerning the possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary herein notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity(ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, Custodian filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor's designated beneficiary(ies) following the Depositor's death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent's IRA. A designation of successor beneficiaries submitted by the Account Owner at any time by executing a written designation Depositor’s beneficiary must be in writing in a form and manner acceptable to the CustodianCustodian and filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the Account Owner Depositor is married and subject to the marital or community property laws that require the consent of the Account Owner’s Depositor's spouse to name a Beneficiary beneficiary other than or in addition to such spouse, the Account Owner acknowledges Depositor understands that he or she is solely responsible for compliance with any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so complydesignation. Upon the Account Owner’s Depositor's death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed paid to such Beneficiary as soon as administratively practicablethe surviving primary beneficiaries in equal shares unless indicated otherwise in a form and manner acceptable to the Custodian. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate following the Depositor's death. If the balance of the Custodial Account has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the Beneficiaryestate of the original beneficiary. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), or to make inquiry or investigation concerning the possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary herein notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity(ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and Regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor's designated beneficiaries following the Depositor's death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent's IRA. A designation of successor beneficiaries submitted by the Account Owner at any time by executing a written designation Depositor’s beneficiary must be in writing in a form and manner acceptable to the CustodianCustodian and filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the Account Owner Depositor is married and subject to the marital or community property laws that require the consent of the Account Owner’s Depositor's spouse to name a Beneficiary beneficiary other than or in addition to such spouse, the Account Owner acknowledges Depositor understands that he or she is solely responsible for compliance with any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so complydesignation. Upon the Account Owner’s Depositor's death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed paid to such Beneficiary as soon as administratively practicablethe surviving primary beneficiaries in equal shares unless indicated otherwise in a form and manner acceptable to the Custodian. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate shall be following the BeneficiaryDepositor's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. If the balance of the Custodial Account has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the estate of the original beneficiary. No payment will be made to any beneficiary until the Custodian receives appropriate evidence of the Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account consistent with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), or to make inquiry or investigation concerning the possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary herein notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity(ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicated, all subsequent Beneficiary beneficiary designations revoke all prior designations. Beneficiaries may be changed or revoked by the Account Owner at any time by executing a written designation in a form and manner acceptable to the Custodian. If the Account Owner Depositor is married and subject to the marital or community property laws that require the consent of the Account Owner’s Depositor's spouse to name a Beneficiary beneficiary other than or in addition to such spouse, the Account Owner acknowledges Depositor understands that he or she is solely responsible for compliance with any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such legal requirements designation. Unless indicated otherwise in a form and agrees manner acceptable to hold the Custodian harmless with respect to any failure to so comply. Upon Custodian, upon the Account Owner’s Depositor's death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed paid to such Beneficiary as soon as administratively practicablethe surviving primary beneficiaries in equal shares. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate shall be following the BeneficiaryDepositor's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. If the Custodian and applicable laws and Regulations so permit, the right to designate any person(s) and entity(ies) as primary and contingent beneficiaries also extends to the Inherited Xxxx XXX Owner following the Depositor's death. Unless otherwise indicated, each beneficiary designation filed with the Custodian by the Inherited Xxxx XXX Owner will cancel all previous designations. Any successor beneficiary so named by the Inherited Xxxx XXX Owner will be entitled to the proceeds of the Custodial Account if the Inherited Xxxx XXX Owner dies before receiving his or her entire interest in the Inherited Xxxx XXX. A designation of successor beneficiaries submitted by the Inherited Xxxx XXX Owner must be in writing in a form and manner acceptable to the Custodian filed with the Custodian during the lifetime of the Inherited Xxxx XXX Owner. If no primary or contingent successor beneficiaries survive the Inherited Xxxx XXX Owner or if the Inherited Xxxx XXX Owner fails to designate successor beneficiaries during his or her lifetime, the Custodial Account will be paid to the Inherited Xxxx XXX Owner’s estate following the Inherited Xxxx IRA's death. No payment will be made to any beneficiary until the Custodian receives appropriate evidence of the Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet the applicable laws. The Custodian will exercise good faith in distributing the Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), or to make inquiry or investigation concerning the possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary herein notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. Unless indicated otherwise on the Application, the Responsible Individual may change the Designated Beneficiary in a form and manner acceptable to the Custodian. The Account Owner replacement Designated Beneficiary must be an eligible Family Member who has not yet reached age 30, unless the Designated Beneficiary is a Special Needs Beneficiary. If the Responsible Individual rolls over or transfers the ESA to a surviving spouse or other eligible Family Member due to the Designated Beneficiary's death, the ESA retains its status. This means the surviving spouse or other Family Member may treat the ESA as his or her own until he or she attains age 30. The age limitation does not apply to new Designated Beneficiaries who are Special Needs Beneficiaries. There are no tax consequences due to such a transfer. The Depositor or Responsible Individual may designate one or more persons any person(s) or entities as primary and contingent Death Beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account Owner’s lifetime. Unless otherwise indicated, all subsequent Death Beneficiary designations revoke all prior designations. Death Beneficiaries may be changed or revoked by the Account Owner Responsible Individual at any time by executing a written designation on a form and manner acceptable to the Custodian. Any assets remaining in the ESA at the death of the Designated Beneficiary must be distributed to non-Family Member Death Beneficiaries within 30 days of the Designated Beneficiary's date of death. ESA assets distributed (that are not rolled over or transferred to another eligible Family Member) are taxable to the extent the assets represent earnings distributed from the account. The Custodial Account will be paid to non-Family Members designated as the primary Death Beneficiaries in equal shares unless indicated otherwise in a form and manner acceptable to the Custodian. If the Account Owner is married and subject to the marital or community property laws that require the consent of the Account Owner’s spouse to name a Beneficiary other than or in addition to such spouse, the Account Owner acknowledges that he or she is solely responsible for compliance with such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so comply. Upon the Account Owner’s death, if the no non-Family Member primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicable. If no primary Death Beneficiaries survive the Account OwnerDesignated Beneficiary, the Custodial Account will be paid to surviving contingent Beneficiaries, if anyDeath Beneficiaries who are not Family Members in equal shares unless indicated otherwise. If no primary or contingent Death Beneficiaries who are not Family Members survive the Account Owner Designated Beneficiary or if there is no Death Beneficiaries designated during the Account Owner fails to designate Beneficiaries during his or her Designated Beneficiary's lifetime, the Custodial Account Owner’s estate shall will be paid to the Designated Beneficiary's estate. No payment will be made to any Death Beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Designated Beneficiary's death as determined by the Custodian. If a non-Family Member Death Beneficiary is a minor, the Custodian is relieved of all of its obligations as Custodian by paying the Custodial Account to the minor's parent or legal guardian upon receiving written instructions from such parent or legal guardian. The Responsible Individual represents and warrants that all Death Beneficiary designations meet the applicable laws. The Custodian will exercise good faith in its sole discretiondistributing the Custodial Account consistent with the Death Beneficiary designation. The Depositor, Responsible Individual and Designated Beneficiary agree to indemnify and hold the Custodian harmless against any and all fees claims, liabilities and expenses applicable to resulting from the Custodian's payment of the Custodial Account have been paid or satisfied from Account assetsin accordance with such Death Beneficiary designation and the terms of the Agreement.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity(ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, Custodian filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicated, all subsequent Beneficiary beneficiary designations revoke all prior designations. Beneficiaries may be changed or revoked by the Account Owner at any time by executing a written designation in a form and manner acceptable to the Custodian. If the Account Owner Depositor is married and subject to the marital or community property laws that require the consent of the Account Owner’s Depositor's spouse to name a Beneficiary beneficiary other than or in addition to such spouse, the Account Owner acknowledges Depositor understands that he or she is solely responsible for compliance with any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such legal requirements designation. Unless indicated otherwise in a form and agrees manner acceptable to hold the Custodian harmless with respect to any failure to so comply. Upon Custodian, upon, the Account Owner’s Depositor's death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed paid to such Beneficiary as soon as administratively practicablethe surviving primary beneficiaries in equal shares. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account will be paid to the Depositor's estate following the Depositor's death. If the Custodian and applicable laws and Regulations so permit, the right to designate any person(s) and entity(ies) as primary and contingent beneficiaries also extends to the Inherited IRA Owner following the Depositor's death. Unless otherwise indicated, each beneficiary designation filed with the Custodian by the Inherited IRA Owner will cancel all previous designations. Any successor beneficiary so named by the Inherited IRA Owner will be entitled to the proceeds of the Custodial Account if the Inherited IRA Owner dies before receiving his or her entire interest in the Inherited IRA. A designation of successor beneficiaries submitted by the Inherited IRA Owner must be in writing in a form and manner acceptable to the Custodian filed with the Custodian during the lifetime of the Inherited IRA Owner. If no primary or contingent successor beneficiaries survive the Inherited IRA Owner or if the Inherited IRA Owner fails to designate successor beneficiaries during his or her lifetime, the Custodial Account will be paid to the Inherited IRA Owner’s estate shall be following the BeneficiaryInherited IRA Owner's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s deathDepositor's death (or, if applicable, Inherited IRA owner’s) as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet the applicable laws. The Custodian will exercise good faith in distributing the Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), or to make inquiry or investigation concerning the possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary herein notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity(ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, Custodian filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor's designated beneficiary(ies) following the Depositor's death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent's IRA. A designation of successor beneficiaries submitted by the Depositor’s beneficiary must be in writing in a form and manner acceptable to the Custodian and filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the balance of the Custodial Account Owner at has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the estate of the original beneficiary. If the Depositor is married and subject to marital or community property laws that require the consent of the Depositor's spouse to name a beneficiary other than or in addition to such spouse, the Depositor understands that he or she is responsible for any time by executing and all tax and legal ramifications and he or she should consult a written designation competent tax and/or legal advisor before making such designation. Upon the Depositor's death, the Custodial Account will be paid to the primary beneficiaries in equal shares unless indicated otherwise in a form and manner acceptable to the Custodian. If the Account Owner is married and subject to the marital or community property laws that require the consent of the Account Owner’s spouse to name a Beneficiary other than or in addition to such spouse, the Account Owner acknowledges that he or she is solely responsible for compliance with such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so comply. Upon the Account Owner’s death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicable. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate shall be following the BeneficiaryDepositor's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), or to make inquiry or investigation concerning the possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary herein notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity (ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and Regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor's designated beneficiaries following the Depositor's death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent's XXX. A designation of successor beneficiaries submitted by the Account Owner at any time by executing a written designation Depositor’s beneficiary must be in writing in a form and manner acceptable to the CustodianCustodian filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the Account Owner Depositor is married and subject to the marital or community property laws that require the consent of the Account Owner’s Depositor's spouse to name a Beneficiary beneficiary other than or in addition to such spouse, the Account Owner acknowledges Depositor understands that he or she is solely responsible for compliance with any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so complydesignation. Upon the Account Owner’s Depositor's death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If will be paid to the primary designated Beneficiary is someone other than beneficiaries in equal shares unless indicated otherwise in a surviving spouse, form and manner acceptable to the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicableCustodian. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate shall be following the BeneficiaryDepositor's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. If the balance of the Custodial Account has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the estate of the original beneficiary. No payment will be made to any beneficiary until the Custodian receives appropriate evidence of the Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet the applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), nor to make inquiry or investigation concerning possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary here in notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity(ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, Custodian filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor's designated beneficiary(ies) following the Depositor's death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent's IRA. A designation of successor beneficiaries submitted by the Account Owner at any time by executing a written designation Depositor’s beneficiary must be in writing in a form and manner acceptable to the CustodianCustodian filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the balance of the Custodial Account Owner has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the estate of the original beneficiary. If the Depositor is married and subject to the marital or community property laws that require the consent of the Account Owner’s Depositor's spouse to name a Beneficiary beneficiary other than or in addition to such spouse, the Account Owner acknowledges Depositor understands that he or she is solely responsible for compliance with any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so complydesignation. Upon the Account Owner’s Depositor's death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If will be paid to the primary designated Beneficiary is someone other than beneficiaries in equal shares unless indicated otherwise in a surviving spouse, form and manner acceptable to the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicableCustodian. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate shall be following the BeneficiaryDepositor's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet the applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), nor to make inquiry or investigation concerning possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary here in notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity(ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, Custodian filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor's designated beneficiary(ies) following the Depositor's death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent's XXX. A designation of successor beneficiaries submitted by the Account Owner at any time by executing a written designation Depositor’s beneficiary must be in writing in a form and manner acceptable to the CustodianCustodian filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the balance of the Custodial Account Owner has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the estate of the original beneficiary. If the Depositor is married and subject to the marital or community property laws that require the consent of the Account Owner’s Depositor's spouse to name a Beneficiary beneficiary other than or in addition to such spouse, the Account Owner acknowledges Depositor understands that he or she is solely responsible for compliance with any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so complydesignation. Upon the Account Owner’s Depositor's death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If will be paid to the primary designated Beneficiary is someone other than beneficiaries in equal shares unless indicated otherwise in a surviving spouse, form and manner acceptable to the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicableCustodian. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate shall be following the BeneficiaryDepositor's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet the applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), nor to make inquiry or investigation concerning possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary here in notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. If the Account Xxxxxx dies before he or she receives all of the assets in the Account, payments from the Account will be made to his or her designated beneficiary. The Account Owner Holder may designate designate, either upon the IRA Adoption Agreement or such other form as the Custodian shall prescribe, one or more persons or entities as primary beneficiary(ies) for the Account. Such designation will only be effective when it is received and contingent Beneficiaries accepted by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account OwnerXxxxxx’s lifetime. The Account Holder should periodically review his or her beneficiary designation to ensure it is up‐to‐date, especially if there has been a change in family or marital status. The Account Holder may also revoke his or her prior designation in whole or in part by submitting a new beneficiary designation to the Custodian. The consent of a beneficiary shall not be required for the Account Holder to revoke a beneficiary designation; however, the Custodian may require a spouse to consent to the naming of any beneficiary other than the spouse. Unless otherwise indicatedspecified, each beneficiary designation the Account Holder files with the Custodian will cancel all subsequent Beneficiary designations revoke previous ones. A spouse beneficiary shall have all prior designationsrights as granted under the Code or applicable Regulations to treat the Account Xxxxxx’s Account as his or her own IRA. Beneficiaries may be changed or revoked If the Account Holder has more than one beneficiary, the named beneficiaries will share equally in the Account unless the Account Holder designates the ownership interest of each listed beneficiary. The Account Holder should ensure that any such allocation of ownership interest totals one hundred (100) percent. In the event that ownership interest does not equal 100%, the Custodian is hereby authorized by the Account Owner at any time by executing Holder to divide the remaining unallocated percentage equally among the listed Account beneficiaries. Should the Account Holder name multiple beneficiaries and provide an allocation equaling 100% among only a written designation in a form and manner acceptable portion of the named beneficiaries, the Account Holder hereby authorizes the Custodian to pay the specified percentage only to the beneficiary(ies) whose ownership interest has been specified by the Account Holder. Designated beneficiaries without an allocation of ownership interest will not be entitled to receive any assets of the Account, thereby forfeiting any rights or claims against the Account and/or Custodian. If the Account Owner Holder has designated both primary and contingent beneficiaries and no primary beneficiary survives the Account Holder, the contingent beneficiary(ies) shall acquire their designated interest in the Account in the same manner as described above. If any beneficiary(ies) designated to receive payments hereunder is married a minor or person of unsound mind, whether so formally adjudicated or not, the Custodian, in its discretion, may make such payment to such person as may be acting as parent, guardian, committee, conservator, Custodian, or legal representative of such minor or incompetent and subject the receipt of payment by any such person as selected by the Custodian shall be a full and complete discharge to the marital or community property laws that require Custodian for any sums so paid. At the consent time of the Account OwnerXxxxxx’s spouse death, the Custodian may allow the named Account beneficiary(ies) who is entitled to receive distribution from the Account to name a Beneficiary other than successor beneficiary(ies), to the extent permitted by the Code, applicable Regulation, or in addition to by state law. In such spouse, case the Account Owner acknowledges beneficiary(ies) shall appoint a successor beneficiary(ies) in the same manner as described above. In no event shall the successor have the ability to extend the distribution period beyond that required for the initial Account beneficiary. To the extent that any beneficiary takes possession of the Account, or any part thereof, upon the Account Xxxxxx’s death he or she is solely responsible for compliance with such legal requirements and hereby agrees to hold be subject to all of the Custodian harmless terms and provisions of this Agreement and all references to the Account Holder herein shall be deemed to include the beneficiary. If the Account Xxxxxx fails to name a beneficiary in accordance with respect this section or if all of the beneficiaries named by the Account Holder predecease him or her, then the remaining balance of the Account shall be payable to any failure the spouse of the Account Holder, or if there is no spouse living, then to so complychildren, or if there are no children, then to the estate of the Account Holder. Upon the Account Owner’s death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicable. If no primary Beneficiaries survive the Account Owner, the Custodial Account will be paid to surviving contingent Beneficiaries, if any. If no primary or contingent Beneficiaries survive the Account Owner or if the Account Owner fails to designate Beneficiaries during his or her lifetime, the Account Owner’s estate shall be the Beneficiary. No payment will be made to any Beneficiary until the Custodian receives appropriate evidence of the Account Owner’s deathHolder, as determined by the Custodian requires a certified copy of the death certificate be provided to it before it will release any assets, either to the spouse, named beneficiary(ies), or representative of the estate. The Custodian has no duty to investigate the legal status of any individual claiming to be the representative of the estate or individual claiming to be a named beneficiary, other than requesting personal identification information or such other information the Custodian deems appropriate to verify that the person is as represented. The Custodian shall not be liable for any action it takes in its sole discretionreliance upon information provided by any source which the Custodian believes to be reliable. Once distribution(s) of the Account to the Account Holder’s beneficiary(ies) or representative of the estate commences, all rights and obligations of the Account Holder under this Agreement shall inure to, and all fees and expenses applicable to be exercised by, such person(s). At such time as the assets of the Account have been paid or satisfied distributed the Custodian shall be fully and forever discharged from Account assetsall liabilities with respect to the Account.

Beneficiary Designation. The Account Owner may designate one or more persons or entities as primary Rev. 08/2017 PAGE | 6 and contingent Beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account Owner’s lifetime. Unless otherwise indicated, all subsequent Beneficiary designations revoke all prior designations. Beneficiaries may be changed or revoked by the Account Owner at any time by executing a written designation in a form and manner acceptable to the Custodian. If the Account Owner is married and subject to the marital or community property laws that require the consent of the Account Owner’s spouse to name a Beneficiary other than or in addition to such spouse, the Account Owner acknowledges that he or she is solely responsible for compliance with such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so comply. Upon the Account Owner’s death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicable. If no primary Beneficiaries survive the Account Owner, the Custodial Account will be paid to surviving contingent Beneficiaries, if any. If no primary or contingent Beneficiaries survive the Account Owner or if the Account Owner fails to designate Beneficiaries during his or her lifetime, the Account Owner’s estate shall be the Beneficiary. No payment will be made to any Beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, as determined by the Custodian in its sole discretion, and all fees and expenses applicable to the Account have been paid or satisfied from Account assets.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity (ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account Owner’s Depositor‟s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and Regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor's designated beneficiaries following the Depositor's death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent's IRA. A designation of successor beneficiaries submitted by the Account Owner at any time by executing a written designation Depositor‟s beneficiary must be in writing in a form and manner acceptable to the CustodianCustodian filed with the Custodian during the lifetime of the Depositor‟s beneficiary. If the Account Owner Depositor is married and subject to the marital or community property laws that require the consent of the Account Owner’s Depositor's spouse to name a Beneficiary beneficiary other than or in addition to such spouse, the Account Owner acknowledges Depositor understands that he or she is solely responsible for compliance with any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so complydesignation. Upon the Account Owner’s Depositor's death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If will be paid to the primary designated Beneficiary is someone other than beneficiaries in equal shares unless indicated otherwise in a surviving spouse, form and manner acceptable to the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicableCustodian. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate shall be following the BeneficiaryDepositor's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. If the balance of the Custodial Account has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the estate of the original beneficiary. No payment will be made to any beneficiary until the Custodian receives appropriate evidence of the Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet the applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), nor to make inquiry or investigation concerning possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor‟s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary here in notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity (ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and Regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor's designated beneficiaries following the Depositor's death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent's IRA. A designation of successor beneficiaries submitted by the Account Owner at any time by executing a written designation Depositor’s beneficiary must be in writing in a form and manner acceptable to the CustodianCustodian filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the Account Owner Depositor is married and subject to the marital or community property laws that require the consent of the Account Owner’s Depositor's spouse to name a Beneficiary beneficiary other than or in addition to such spouse, the Account Owner acknowledges Depositor understands that he or she is solely responsible for compliance with any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so complydesignation. Upon the Account Owner’s Depositor's death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If will be paid to the primary designated Beneficiary is someone other than beneficiaries in equal shares unless indicated otherwise in a surviving spouse, form and manner acceptable to the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicableCustodian. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate shall be following the BeneficiaryDepositor's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. If the balance of the Custodial Account has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the estate of the original beneficiary. No payment will be made to any beneficiary until the Custodian receives appropriate evidence of the Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet the applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), nor to make inquiry or investigation concerning possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary here in notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity (ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and Regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor's designated beneficiaries following the Depositor's death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent's IRA. A designation of successor beneficiaries submitted by the Depositor’s beneficiary must be in writing in a form and manner acceptable to the Custodian and filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the Depositor is married and subject to marital or community property laws that require the consent of the Depositor's spouse to name a beneficiary other than or in addition to such spouse, the Depositor understands that he or she is responsible for any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such designation. Upon the Depositor's death, the Custodial Account Owner at any time by executing a written designation will be paid to the primary beneficiaries in equal shares unless indicated otherwise in a form and manner acceptable to the Custodian. If the Account Owner is married and subject to the marital or community property laws that require the consent of the Account Owner’s spouse to name a Beneficiary other than or in addition to such spouse, the Account Owner acknowledges that he or she is solely responsible for compliance with such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so comply. Upon the Account Owner’s death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicable. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate shall be following the BeneficiaryDepositor's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. If the balance of the Custodial Account has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the estate of the original beneficiary. No payment will be made to any beneficiary until the Custodian receives appropriate evidence of the Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), or to make inquiry or investigation concerning the possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary herein notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. The Account Owner may designate one or more persons or entities as primary and contingent Beneficiaries by completing a written designation designa- tion in a form and manner acceptable to the Custodian, filed with the Custodian during the Account Owner’s lifetime. Unless otherwise indicated, all subsequent Beneficiary designations revoke all prior designations. Beneficiaries may be changed or revoked by the Account Owner at any time by executing a written designation in a form and manner acceptable to the Custodian. If the Account Owner is married and subject to the marital or community property laws that require the consent of the Account Owner’s 's spouse to name a Beneficiary other than or in addition to such spouse, the Account Owner acknowledges that he or she is solely responsible for compliance with such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so comply. Upon the Account Owner’s 's death, if the primary designated Beneficiary is the Account Ac- count Owner’s 's surviving spouse, the Custodial Account becomes the Custodial Account Ac- count of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding outstand- ing fees and expenses, will be distributed to such Beneficiary as soon as administratively administra- tively practicable. If no primary Beneficiaries survive the Account Owner, the Custodial Custodi- al Account will be paid to surviving contingent Beneficiaries, if any. If no primary or contingent Beneficiaries survive the Account Owner or if the Account Owner fails to designate Beneficiaries during his or her lifetime, the Account Owner’s 's estate shall be the Beneficiary. No payment will be made to any Beneficiary until the Custodian receives appropriate evidence of the Account Owner’s 's death, as determined by the Custodian in its sole discretion, and all fees and expenses applicable to the Account have been paid or satisfied from Account assets.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity(ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and Regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor’s designated beneficiaries following the Depositor’s death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent’s IRA. A designation of successor beneficiaries submitted by the Account Owner at any time by executing a written designation Depositor’s beneficiary must be in writing in a form and manner acceptable to the CustodianCustodian and filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the Account Owner Depositor is married and subject to the marital or community property laws that require the consent of the Account OwnerDepositor’s spouse to name a Beneficiary beneficiary other than or in addition to such spouse, the Account Owner acknowledges Depositor understands that he or she is solely responsible for compliance with any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so complydesignation. Upon the Account OwnerDepositor’s death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed paid to such Beneficiary as soon as administratively practicablethe surviving primary beneficiaries in equal shares unless indicated otherwise in a form and manner acceptable to the Custodian. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Ownerwill be paid to the Depositor’s estate shall be following the BeneficiaryDepositor’s death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account OwnerDepositor’s death, death as determined by the Custodian. If the balance of the Custodial Account has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the estate of the original beneficiary. No payment will be made to any beneficiary until the Custodian receives appropriate evidence of the Depositor’s death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet applicable laws. The Custodian will exercise good faith in distributing the Depositor’s Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against all claims, liabilities and expenses resulting from the Custodian’s payment of the Custodial Account consistent with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), or to make inquiry or investigation concerning the possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary herein notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity(ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, Custodian filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor's designated beneficiary(ies) following the Depositor's death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent's XXX. A designation of successor beneficiaries submitted by the Depositor’s beneficiary must be in writing in a form and manner acceptable to the Custodian and filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the balance of the Custodial Account Owner at has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the estate of the original beneficiary. If the Depositor is married and subject to marital or community property laws that require the consent of the Depositor's spouse to name a beneficiary other than or in addition to such spouse, the Depositor understands that he or she is responsible for any time by executing and all tax and legal ramifications and he or she should consult a written designation competent tax and/or legal advisor before making such designation. Upon the Depositor's death, the Custodial Account will be paid to the surviving primary beneficiaries in equal shares unless indicated otherwise in a form and manner acceptable to the Custodian. If the Account Owner is married and subject to the marital or community property laws that require the consent of the Account Owner’s spouse to name a Beneficiary other than or in addition to such spouse, the Account Owner acknowledges that he or she is solely responsible for compliance with such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so comply. Upon the Account Owner’s death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicable. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate shall be following the BeneficiaryDepositor's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), or to make inquiry or investigation concerning the possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary herein notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. If the Account Holder dies before he or she receives all of the assets in the Account, payments from the Account will be made to his or her designated beneficiary. The Account Owner Holder may designate designate, either upon the XXX Adoption Agreement or such other form as the Custodian shall prescribe, one or more persons or entities as primary beneficiary(ies) for the Account. Such designation will only be effective when it is received and contingent Beneficiaries accepted by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account OwnerHolder’s lifetime. The Account Holder should periodically review his or her beneficiary designation to ensure it is up-to-date, especially if there has been a change in family or marital status. The Account Holder may also revoke his or her prior designation in whole or in part by submitting a new beneficiary designation to the Custodian. The consent of a beneficiary shall not be required for the Account Holder to revoke a beneficiary designation; however, the Custodian may require a spouse to consent to the naming of any beneficiary other than the spouse. Unless otherwise indicatedspecified, each beneficiary designation the Account Holder files with the Custodian will cancel all subsequent Beneficiary designations revoke previous ones. A spouse beneficiary shall have all prior designationsrights as granted under the Code or applicable Regulations to treat the Account Holder’s Account as his or her own XXX. Beneficiaries may be changed or revoked If the Account Holder has more than one beneficiary, the named beneficiaries will share equally in the Account unless the Account Holder designates the ownership interest of each listed beneficiary. The Account Holder should ensure that any such allocation of ownership interest totals one hundred (100) percent. In the event that ownership interest does not equal 100%, the Custodian is hereby authorized by the Account Owner at any time by executing Holder to divide the remaining unallocated percentage equally among the listed Account beneficiaries. Should the Account Holder name multiple beneficiaries and provide an allocation equaling 100% among only a written designation in a form and manner acceptable portion of the named beneficiaries, the Account Holder hereby authorizes the Custodian to pay the specified percentage only to the beneficiary(ies) whose ownership interest has been specified by the Account Holder. Designated beneficiaries without an allocation of ownership interest will not be entitled to receive any assets of the Account, thereby forfeiting any rights or claims against the Account and/or Custodian. If the Account Owner Holder has designated both primary and contingent beneficiaries and no primary beneficiary survives the Account Holder, the contingent beneficiary(ies) shall acquire their designated interest in the Account in the same manner as described above. If any beneficiary(ies) designated to receive payments hereunder is married a minor or person of unsound mind, whether so formally adjudicated or not, the Custodian, in its discretion, may make such payment to such person as may be acting as parent, guardian, committee, conservator, Custodian, or legal representative of such minor or incompetent and subject the receipt of payment by any such person as selected by the Custodian shall be a full and complete discharge to the marital or community property laws that require Custodian for any sums so paid. At the consent time of the Account OwnerHolder’s spouse death, the Custodian may allow the named Account beneficiary(ies) who is entitled to receive distribution from the Account to name a Beneficiary other than successor beneficiary(ies), to the extent permitted by the Code, applicable Regulation, or in addition to by state law. In such spouse, case the Account Owner acknowledges beneficiary(ies) shall appoint a successor beneficiary(ies) in the same manner as described above. In no event shall the successor have the ability to extend the distribution period beyond that required for the initial Account beneficiary. To the extent that any beneficiary takes possession of the Account, or any part thereof, upon the Account Holder’s death he or she is solely responsible for compliance with such legal requirements and hereby agrees to hold be subject to all of the Custodian harmless terms and provisions of this Agreement and all references to the Account Holder herein shall be deemed to include the beneficiary. If the Account Holder fails to name a beneficiary in accordance with respect this section or if all of the beneficiaries named by the Account Holder predecease him or her, then the remaining balance of the Account shall be payable to any failure the spouse of the Account Holder, or if there is no spouse living, then to so complychildren, or if there are no children, then to the estate of the Account Holder. Upon the Account Owner’s death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicable. If no primary Beneficiaries survive the Account Owner, the Custodial Account will be paid to surviving contingent Beneficiaries, if any. If no primary or contingent Beneficiaries survive the Account Owner or if the Account Owner fails to designate Beneficiaries during his or her lifetime, the Account Owner’s estate shall be the Beneficiary. No payment will be made to any Beneficiary until the Custodian receives appropriate evidence of the Account Owner’s deathHolder, as determined by the Custodian requires a certified copy of the death certificate be provided to it before it will release any assets, either to the spouse, named beneficiary(ies), or representative of the estate. The Custodian has no duty to investigate the legal status of any individual claiming to be the representative of the estate or individual claiming to be a named beneficiary, other than requesting personal identification information or such other information the Custodian deems appropriate to verify that the person is as represented. The Custodian shall not be liable for any action it takes in its sole discretionreliance upon information provided by any source which the Custodian believes to be reliable. Once distribution(s) of the Account to the Account Holder’s beneficiary(ies) or representative of the estate commences, all rights and obligations of the Account Holder under this Agreement shall inure to, and all fees and expenses applicable to be exercised by, such person(s). At such time as the assets of the Account have been paid or satisfied distributed the Custodian shall be fully and forever discharged from Account assetsall liabilities with respect to the Account.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity(ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, Custodian filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor’s designated beneficiary(ies) following the Depositor’s death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent’s IRA. A designation of successor beneficiaries submitted by the Account Owner at any time by executing a written designation Depositor’s beneficiary must be in writing in a form and manner acceptable to the CustodianCustodian and filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the Account Owner Depositor is married and subject to the marital or community property laws that require the consent of the Account Owner’s Depositor's spouse to name a Beneficiary beneficiary other than or in addition to such spouse, the Account Owner acknowledges Depositor understands that he or she is solely responsible for compliance with any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so complydesignation. Upon the Account Owner’s Depositor's death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed paid to such Beneficiary as soon as administratively practicablethe surviving primary beneficiaries in equal shares unless indicated otherwise in a form and manner acceptable to the Custodian. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate following the Depositor's death. If the balance of the Custodial Account has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the Beneficiaryestate of the original beneficiary. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), or to make inquiry or investigation concerning the possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary herein notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.

Beneficiary Designation. The Account Owner may Depositor has the right to designate one any person(s) or more persons or entities entity (ies) as primary and contingent Beneficiaries beneficiaries by completing a written designation in a form and manner acceptable to the Custodian, filed with the Custodian during the Account OwnerDepositor’s lifetime. Unless otherwise indicatedIf the Custodian and applicable laws and Regulations so permit, all subsequent Beneficiary designations revoke all prior designationsthis right also extends to the Depositor's designated beneficiaries following the Depositor's death. Beneficiaries may Any successor beneficiary so named will be changed entitled to the proceeds of the Custodial Account if the beneficiary dies before receiving his or revoked her entire interest in the decedent's XXX. A designation of successor beneficiaries submitted by the Depositor’s beneficiary must be in writing in a form and manner acceptable to the Custodian and filed with the Custodian during the lifetime of the Depositor’s beneficiary. If the Depositor is married and subject to marital or community property laws that require the consent of the Depositor's spouse to name a beneficiary other than or in addition to such spouse, the Depositor understands that he or she is responsible for any and all tax and legal ramifications and he or she should consult a competent tax and/or legal advisor before making such designation. Upon the Depositor's death, the Custodial Account Owner at any time by executing a written designation will be paid to the surviving primary beneficiaries in equal shares unless indicated otherwise in a form and manner acceptable to the Custodian. If the Account Owner is married and subject to the marital or community property laws that require the consent of the Account Owner’s spouse to name a Beneficiary other than or in addition to such spouse, the Account Owner acknowledges that he or she is solely responsible for compliance with such legal requirements and agrees to hold the Custodian harmless with respect to any failure to so comply. Upon the Account Owner’s death, if the primary designated Beneficiary is the Account Owner’s surviving spouse, the Custodial Account becomes the Custodial Account of such surviving spouse. If the primary designated Beneficiary is someone other than a surviving spouse, the Custodial Account ceases to be an HSA as of the date of death and the Custodial Account, less any amounts retained to pay outstanding fees and expenses, will be distributed to such Beneficiary as soon as administratively practicable. If no primary Beneficiaries beneficiaries survive the Account OwnerDepositor, the Custodial Account will be paid to surviving contingent Beneficiaries, if anybeneficiaries in equal shares unless indicated otherwise. If no primary or contingent Beneficiaries beneficiaries survive the Account Owner Depositor or if the Account Owner Depositor fails to designate Beneficiaries beneficiaries during his or her lifetime, the Custodial Account Owner’s will be paid to the Depositor's estate shall be following the BeneficiaryDepositor's death. No payment will be made to any Beneficiary beneficiary until the Custodian receives appropriate evidence of the Account Owner’s death, Depositor's death as determined by the Custodian. If the balance of the Custodial Account has not been completely distributed to the original beneficiary and such beneficiary has not named a successor beneficiary or no named successor beneficiary survives the original beneficiary, such balance shall be payable to the estate of the original beneficiary. No payment will be made to any beneficiary until the Custodian receives appropriate evidence of the Depositor's death as determined by the Custodian. Whenever any distribution hereunder is payable to a minor, the Custodian in its absolute discretion may make all or any part of such distribution to a legal guardian or conservator, a custodian under the Uniform Transfers to Minor Act, including any custodian designated by the Custodian if such designation is permissible by law, a parent of such person, or such person directly. The Depositor represents and warrants that all beneficiary designations meet applicable laws. The Custodian will exercise good faith in distributing the Depositor's Custodial Account consistent with the beneficiary designation. The Depositor, for the Depositor and the heirs, beneficiaries and estate of the Depositor agrees to indemnify and hold the Custodian harmless against any and all claims, liabilities and expenses resulting from the Custodian's payment of the Custodial Account in accordance with such beneficiary designation and the terms of the Agreement. The Custodian shall have no duty, obligation or responsibility to make any inquiry or conduct any investigation concerning the identification, address or legal status of any individual or individuals alleging the status of beneficiary (designated or otherwise), or to make inquiry or investigation concerning the possible existence of any beneficiary not reported to the Custodian within a reasonable period after notification of the Depositor’s death and previous to the distribution of the Custodial Account. The Custodian may conclusively rely upon the veracity and accuracy of all matters reported to it by any source ordinarily presumed to be knowledgeable respecting the matters so reported. With respect to any distribution made by reason of the death of the Depositor, the Custodian shall have no higher duty than the exercise of good faith, shall incur no liability by reason of any action taken in reliance upon erroneous, inaccurate or fraudulent information reported by any source assumed to reliable, or by reason of incomplete information in its possession at the time of such distribution. Upon full and complete distribution of the Custodial Account pursuant to the provisions of this section of the Agreement, the Custodian shall be fully and forever discharged from all liability respecting such Custodial Account. Anything to the contrary herein notwithstanding, in the event of reasonable doubt respecting the proper course of action to be taken, the Custodian may in its sole discretionand absolute discretion resolve such doubt by judicial determination, which shall be binding on all parties claiming any interest in the Custodial Account. In such event all court costs, legal expenses, reasonable compensation for the time expended by the Custodian in the performance of its duties, and all fees other appropriate and pertinent expenses applicable to and costs, shall be collected by the Account have been paid or satisfied Custodian from Account assetsthe Custodial Account.