Common use of Rights Preserved Clause in Contracts

Rights Preserved. These arbitration provisions do not prohibit you or HSA Bank from exercising any lawful rights or using other available remedies to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the appointment of a receiver by a court of competent jurisdiction. Any statute of limitations applicable to any Dispute applies to any arbitration between you and HSA Bank. The provisions of this arbitration agreement shall survive termination, amendment, or expiration of the Account or any other relationship between you and HSA Bank. Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file. We agree to reimburse you, at the conclusion of the arbitration, within thirty (30) days of the issuance of the decision of the arbitrator, all of the filing, administration and arbitrator fees unless the arbitrator determines that the claim was frivolous or brought for an improper purpose (as measured by the standards set forth in Rule 11(b) of the Federal Rules of Civil Procedure). If the applicable law of the state that governs the relationship between you and HSA Bank limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each party shall bear the expense of their attorney, expert and witness fees, regardless of which party prevails in the arbitration. We hereby agree not to seek an award of attorneys’ fees and/or expenses if we prevail in Arbitration. HEALTH SAVINGS ACCOUNT CUSTODIAL AGREEMENT This Custodial Agreement applies to all persons establishing an HSA under Section 223(a) of the Internal Revenue Code (“Code”) exclusively for the purpose of paying or reimbursing qualified medical expenses of the person and his or her spouse and dependents. This Health Savings Account Custodial Agreement does not apply to any other type of Account. A separate custodial agreement will be provided for other Accounts as applicable. By submitting an application for your HSA, you appoint us, and we, by accepting the application and accepting delivery of Account items for your HSA, agree to serve as custodian of your HSA pursuant to the terms of this Custodial Agreement.

Rights Preserved. These arbitration provisions do not prohibit you or HSA Bank from exercising any lawful rights or using other available remedies to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the appointment of a receiver by a court of competent jurisdiction. Any statute of limitations applicable to any Dispute applies to any arbitration between you and HSA Bank. The provisions of this arbitration agreement shall survive termination, amendment, or expiration of the Account or any other relationship between you and HSA Bank. Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file. We agree to reimburse you, at the conclusion of the arbitration, within thirty (30) days of the issuance of the decision of the arbitrator, all of the filing, administration and arbitrator fees unless the arbitrator determines that the claim was frivolous or brought for an improper purpose (as measured by the standards set forth in Rule 11(b) of the Federal Rules of Civil Procedure). If the applicable law of the state that governs the relationship between you and HSA Bank limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each party shall bear the expense of their attorney, expert and witness fees, regardless of which party prevails in the arbitration. We hereby agree not to seek an award of attorneys’ fees and/or expenses if we prevail in Arbitration. HEALTH SAVINGS ACCOUNT CUSTODIAL AGREEMENT This Custodial Agreement applies to all persons establishing an HSA under Section 223(a) of the Internal Revenue Code (“Code”) exclusively for the purpose of paying or reimbursing qualified medical expenses of the person and his or her spouse and dependents. This Health Savings Account Custodial Agreement does not apply to any other type of Account. A separate custodial agreement will be provided for other Accounts as applicable. By submitting an application for your HSAXX Xxx 000 Xxxxxxxxx, you appoint us, and we, by accepting the application and accepting delivery of Account items for your HSA, agree to serve as custodian of your HSA pursuant to the terms of this Custodial Agreement.XX 00000-0000 000-000-0000 FN02011

Rights Preserved. These arbitration provisions do not prohibit you or HSA Bank from exercising any lawful rights or using other available remedies to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the appointment of a receiver by a court of competent jurisdiction. Any statute of limitations applicable to any Dispute applies to any arbitration between you and HSA Bank. The provisions of this arbitration agreement shall survive termination, amendment, or expiration of the Account or any other relationship between you and HSA Bank. Fees and Expenses of Arbitration. Arbitration Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file. We agree to reimburse you, at the conclusion of the arbitration, within thirty (30) days of the issuance of the decision of the arbitrator, all of the filing, administration and arbitrator fees unless the arbitrator ar- bitrator determines that the claim was frivolous or brought for an improper purpose (as measured by the standards set forth in Rule 11(b) of the Federal Rules of Civil Procedure). If the applicable law of the state that governs the relationship between you and HSA Bank limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each party shall bear the expense of their attorney, expert and witness fees, regardless of which party prevails in the arbitration. We hereby agree not to seek an award of attorneys’ fees and/or expenses if we prevail in Arbitration. HEALTH SAVINGS ACCOUNT CUSTODIAL AGREEMENT This Custodial Agreement applies to all persons establishing an HSA under un- der Section 223(a) of the Internal Revenue Code (“Code”) exclusively for the purpose of paying or reimbursing qualified medical expenses of the person and his or her spouse and dependents. This Health Savings Account Ac- count Custodial Agreement does not apply to any other type of Account. A separate custodial agreement will be provided for other Accounts as applicable. By submitting an application for your HSA, you appoint us, and we, by accepting the application and accepting delivery of Account account items for your HSA, agree to serve as custodian of your HSA pursuant to the terms of this Custodial Agreement.