Common use of Recall of Funds Clause in Contracts

Recall of Funds. To the extent the Account Owner obtains a distribution or transfers funds from the Account in an amount that exceeds the amount to which the Account Owner would be entitled, including without limitation, as a result of NuView having credited amounts to the Account in error, NuView will request that the Account Owner return the amount to which he or she was not entitled. The Account Owner agrees that he or she will, within 30 days of such request, return such amount or submit documents or other evidence sufficient to demonstrate he or she did not obtain a distribution or transfer funds from the Account in excess of the amount to which the Account Owner was entitled. To the extent the Account Owner does not return such amount (or submit documents or evidence reasonably satisfactory to NuView), NuView may (i) remove funds from the Account or other accounts the Account Owner maintains with NuView (provided such account is not subject to the Employee Retirement Income Security Act of 1974, as amended, or section 4975 of the Internal Revenue Code of 1986, as amended) or (ii) submit a claim to arbitration to recover such amount. Notwithstanding any other part of this Agreement, the Account Owner agrees to pay NuView’s attorney’s fees and legal costs incurred in connection with the arbitration of such claim, obtaining a court judgment following such arbitration, and enforcing such judgment. These provisions shall survive termination of the Agreement.