Common use of Investment of Contributions Clause in Contracts

Investment of Contributions. At the direction of the Designated Beneficiary (or the direction of the Depositor or the Responsible Individual, whichever applies) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual), and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated Beneficiary.

Investment of Contributions. At the direction of the Designated Beneficiary Depositor (or the direction of the Depositor or beneficiary upon the Responsible IndividualDepositor's death), whichever applies) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryDepositor.

Investment of Contributions. At the direction of the Designated Beneficiary Depositor (or the direction of the Depositor or beneficiary upon the Responsible Individual, whichever appliesDepositor's death) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account Custodial investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryDepositor.

Investment of Contributions. At the direction of the Designated Account Beneficiary (or the direction of the Depositor or designated beneficiary upon the Responsible IndividualAccount Beneficiary’s death), whichever applies) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Account Beneficiary in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Account Beneficiary, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated Account Beneficiary.

Investment of Contributions. At the direction of the Designated Beneficiary (or Depositor(or the direction of the Depositor or beneficiary upon the Responsible IndividualDepositor's death), whichever applies) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryDepositor.

Investment of Contributions. At In accordance with instructions given to the direction of the Designated Beneficiary (or the direction of the Depositor or the Responsible IndividualCustodian, whichever applies) the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Applicant/Plan Participant (or the direction of the beneficiary(ies) upon the Applicant/Plan Participant's death) in investments acceptable to that the Custodian, at Xxxxxxxxx’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian), covered call options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments to which that the Custodian consentsdetermines it can feasibly administer, in such amounts as are specifically selected and specified by the Applicant/Plan Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account investmentdesignated representative (as described below and in the Traditional IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities and investments that are traded on a recognized exchange or ”over the counter" (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the contribution account may be held uninvested in its current investments or remain un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarificationclarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or Applicant/Plan Participant, which duty shall be subject to the Depositor or Responsible Individual), other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Designated BeneficiaryApplicant/Plan Participant. In addition, the Custodian reserves the right to not follow a direction or process any investment for administrative or cost related reasons. Execution of Applicant/Plan Participant's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Applicant/Plan Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Applicant/Plan Participant's assets or any discretionary authority with regard to the management of the Applicant/Plan Participant's account. Applicant/Plan Participant agrees and acknowledges that Custodian is not a fiduciary with respect to the Applicant/Plan Participant, the Applicant/Plan Participant's account or any investment.

Investment of Contributions. At the direction of the Designated Beneficiary (or the direction of the Depositor or the Responsible IndividualDepositor, whichever applies) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryDepositor. All transactions shall be subject to any and all applicable Federal State or self-regulatory organization laws and regulations, the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed and to the Custodian's prevailing policies and practices.

Investment of Contributions. At the direction of the Designated Beneficiary Depositor (or the direction of the Depositor or beneficiary upon the Responsible IndividualDepositor's death), whichever applies) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account trust investment. If the Depositor elects to establish a Zacks Funds Xxxx XXX, investments are limited to, and must be selected from the currently available Zacks Funds family of mutual funds as listed on the Adoption Agreement. Minimum investments, if any, are listed in the Zacks Funds prospectus. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. If the Depositor’s initial contribution to the Account is in the form of cash, the Custodian may invest the contribution in its own bank account, in one or more of the taxable Money Market Fund portfolios selected by the Depositor, or in another fixed income medium, pending further investment, unless the Custodian has received other instructions from the Depositor. At the Depositor’s option, the Custodian will keep all cash invested on a daily basis through the Custodian’s automated cash management system, through use of one or more of the taxable Money Market Fund portfolios. If the Depositor’s initial contribution is in the form of assets in kind, the Custodian shall retain the assets pending instructions from the Depositor. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryDepositor. For Xxxxx Funds Xxxx IRAs, to the extent the Depositor has not directed other investments, the Custodian may maintain the cash as may deemed advisable or expedient (with no requirement to pay interest on such cash balances nor on cash in its hands pending investment). All investment direction, investment management and investment advisory agreements provided by the Xxxx XXX Depositor or beneficiary will continue until revoked by the Xxxx XXX Depositor or beneficiary, even after the death of the Xxxx XXX Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Account in which the Custodian is named as a necessary party or at the request of the Depositor.

Investment of Contributions. At the direction of the Designated Beneficiary (or the direction of the Depositor or the Responsible Individual, whichever applies) When the Custodian accepts and signs this Agreement, it shall invest establish a Custodial Account consisting of all separate Participant accounts under this Plan. All contributions to the account Plan shall be invested and earnings thereon reinvested in investments acceptable to the Custodian, which may include such marketable securities (including options) traded on a recognized exchange by or obtainable through the Custodian either "over the counter" or on a recognized exchange (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts amounts, as are specifically selected and specified by the Participant in orders to the Custodian in such form and either directly or through the Administrator as may be he acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, required or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest interest, pending receipt of such orders or clarification, ; or the contribution may be returned. The Amounts referred to in the next preceding sentence may be invested, and dividends, interest, proceeds of the sale of securities, and other cash receipts not intended as payment for securities shall be invested, in a daily-interest money market mutual fund which is sponsored and/or managed by the Custodian mayor any affiliate of the Custodian pending receipt of contrary orders, except that a balance of to $200 of uninvested cash may (but need not, establish programs under which cash deposits ) be maintained for administrative convenience. All assets of the Custodial Account shall be registered in excess the name of the Custodian or of a minimum set suitable nominee. The same nominee may be used with respect to (1) assets of the Accounts of all (or some) of the Participants, and (2) assets of other investors whether or not held under agreements similar to this one or in any capacity whatsoever. However, each Participant's Account shall be separate and distinct; a separate account thereof shall be maintained by it will the Custodian; and the assets thereof shall be periodically held by the Custodian in individual or bulk segregation either in the Custodian's vaults or in depositories approved by the Securities and automatically invested in interest-bearing investment fundsExchange Commission under the Securities Exchange Act of 1934. The Custodian shall have no duty other than does not assume any responsibility for rendering advice with respect to follow the written investment directions and reinvestment of the Designated Beneficiary (or the Depositor or Responsible Individual), and shall be under no duty to question said instructions a Participant's Account and shall not be liable for any loss which results from the Participant's exercise of control over his Account. Except only to the extent (and upon the terms) that the Custodian specifically agrees with the Employer or the Participant in writing from time to time that the Custodian will render such advice, the Participant shall have and exercise exclusive responsibility for and control over the investment losses sustained by of the Designated Beneficiaryassets of his Account, and the Custodian shall not have any duty to question his directions in that regard or to advise him regarding purchase, retention, or sale of such assets.

Investment of Contributions. At Each Member may, pursuant to rules and procedures adopted by the direction Administrative Committee, direct that Before-Tax Contributions, Rollover Contributions, Employer Contributions, Weartech Prior Matching Contributions and Prior ESOP Contributions made by or for him shall be invested in any or all of the Designated Beneficiary Investment Funds (other than any Self-Directed Investment Account). An investment option selected by a Member shall remain in effect and be applicable to all subsequent such Contributions made by or the direction of the Depositor or the Responsible Individual, whichever applies) the Custodian shall invest all contributions for him unless and until an investment change is made by him and becomes effective pursuant to the account rules and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued procedures adopted by the Custodian)Administrative Committee. Each Member may, covered call optionspursuant to rules and procedures adopted by the Administrative Committee, certificates make a change in the investment options selected by the Member with respect to amounts then held in his Account, including an election to transfer amounts then held in his Account into or out of deposita Self-Directed Investment Account; provided, however, that (1) no such transfer into a Self-Directed Investment Account will result in more than 50% of a Member’s Vested Interest being then held in a Self-Directed Investment Account, (2) only amounts attributable to a Member’s Vested Interest and no less than a minimum amount designated by the Investment - 50 - Committee may be transferred to a Self-Directed Investment Account, and (3) a Self-Directed Investment Account may not invest in Holdings Stock or any other investments to which type of security or other property designated by the Custodian consentsInvestment Committee as an impermissible investment for a Self-Directed Investment Account. In the absence of an effective investment direction and/or an effective investment change, Before-Tax, Rollover Weartech Prior Matching, and Employer Contributions shall be invested in such amounts as are specifically selected and specified in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws Investment Fund or Funds (each of any jurisdiction as a custodial account investment. The Custodian which shall be responsible for a “qualified default investment alternative” within the execution meaning of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion Department of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible IndividualLabor regulations), and in such proportions, as is designated by the Investment Committee from time to time for such purpose, and Prior ESOP Contributions shall be under no duty to question said instructions and invested in the Holdings Stock Fund (or in such other Investment Fund as the Investment Committee shall designate for such purpose). To the extent not be liable for any investment losses sustained otherwise permitted by the Designated Beneficiarypreceding provisions of this Section, Members shall be permitted, pursuant to procedures established by the Administrative Committee, to diversify the investment of that portion of their Account held in the ESOP to the extent required by section 401(a)(28)(B) of the Code, provided that such members are “qualified participants” within the meaning of section 401(a)(28) of the Code.

Investment of Contributions. At As provided in Sections 8.10 and 8.11, at the direction of the Designated Beneficiary (Depositor, the Administrator or the direction of the Depositor or the Responsible Individual, whichever applies) the Custodian shall invest all contributions to the account Custodial Account and earnings thereon in investments, provided that such investments acceptable to that are considered administratively feasible by the Custodian, which . Such investments may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the CustodianCustodian or Administrator), covered call optionsreal estate, trust deeds, limited partnerships, private placement offerings, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by Depositor in orders to the Administrator or Custodian in such form as may be acceptable to the CustodianCustodian or Administrator, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account trust investment. The Custodian or Administrator shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the CustodianCustodian or Administrator, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits and uninvested funds in excess of a minimum set by it will be periodically and automatically invested in government insured interest-bearing investment fundsfunds or accounts. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryDepositor under any circumstances.

Investment of Contributions. (a) At the direction of the Designated Beneficiary Depositor (or the direction of the Depositor or beneficiary upon the Responsible IndividualDepositor's death), whichever applies) the Custodian shall invest all contributions to the account Custodial Account and earnings thereon in investments that are acceptable to the Custodian, and that are considered administratively feasible by the Custodian, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, real estate, deeds of trust, mortgages, unsecured notes, limited partnerships, limited liability companies, private stock, other private placement offerings, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, or if there is insufficient Undirected Cash in the Custodial Account to comply with such orders, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian the Administrator shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryDepositor under any circumstances.

Investment of Contributions. At the direction of the Designated Beneficiary Depositor (or the direction of the Depositor or beneficiary upon the Responsible Individual, whichever appliesDepositor's death) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account Custodial investment. The Custodian shall be responsible for the execution of such orders and for maintaining maintain ing adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryDepositor.

Investment of Contributions. At the direction of the Designated Beneficiary (or Depositor(or the direction of the Depositor or beneficiary upon the Responsible IndividualDepositor's death), whichever applies) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which whic h may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the CustodianCustodian ), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not n ot received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarificationclarificat ion, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryDepositor.

Investment of Contributions. At (a) The Participant acknowledges that any amount shall not be considered contributed to the direction of Custodial Account until the Designated Beneficiary (or funds clear into the direction of the Depositor or the Responsible Individual, whichever applies) the Custodian shall invest all Custodial Account. All contributions to the account and earnings thereon Custodial Account must be in investments acceptable to the Custodiancash, which except for rollovers or transfers from another SIMPLE IRA that may include marketable securities traded on be in a recognized exchange or "over the counter" (excluding any securities issued form other than cash if permitted by the Custodian), covered call options, certificates of deposit, and other investments to which . The Participant shall direct the Custodian consents, in such amounts as are specifically selected and specified in orders with respect to the Custodian investment of all contributions and earnings there from. Such direction shall be in such form as may be acceptable required by the Custodian and shall be limited to publicly traded securities, covered call options, married puts options, mutual funds, money market instruments, insured bank deposit accounts, and other investments to the Custodianextent they are obtainable through the Custodian or its agents in the regular course of business. In addition, without the Participant acknowledges that unless otherwise directed by him or her, and subject to any duty to diversify and without regard to whether such property required minimums, cash that is authorized not currently invested shall be invested in a money market fund or an insured bank deposit account offered by the Custodian or its affiliates. In the absence of investment direction by the Participant, the Custodian shall have no investment responsibility. All transactions directed by the Participant shall be subject to the rules, regulations, customs and usages of the exchange, market or clearinghouse where executed, and to all applicable federal and state laws and regulations, and to internal policies of any jurisdiction as a custodial account investmentthe Custodian. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. HoweverThe Custodian re serves the right to reject any investment direction from the Participant, if which, in the judgment of the Custodian, will impose upon it an administrative burden greater than that, normally incident to investments described in this Paragraph 2(a). The Custodian shall have no discretion to direct any such investments of a Custodial Account, and is merely authorized to acquire and hold the particular investments specified by the Participant. If any investment orders are not received as required, required or, if received, are unclear in the opinion of the CustodianCustodian or Sponsor, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest interest, pending receipt of such orders or clarification, ; or the contribution may be returned. The Participant shall be the beneficial owner of all assets held in the Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment fundsAccount. The Participant authorizes the Custodian shall have no duty other than to follow hold Custodial Account contributions pending investment, the written investment directions settlement of the Designated Beneficiary (investments or the Depositor distribution in a money market sweep fund or Responsible Individual), and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained an insured bank deposit account maintained by the Designated BeneficiaryCustodian.

Investment of Contributions. In conjunction with sections 9.08 and 9.09 of this Agreement, At the direction of the Designated Beneficiary (Depositor the Administrator or the direction of the Depositor or the Responsible Individual, whichever applies) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to which may be considered administratively feasible by the Custodian, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian)Custodian or Administrator),real estate, covered call optionstrust deeds, limited partnerships, private placement offerings, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by Depositor in orders to the Administrator or Custodian in such form as may be acceptable to the CustodianCustodian or Administrator, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account Custodial investment. The Custodian or Administrator shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the CustodianCustodian or Administrator, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits and uninvested funds in excess of a minimum set by it will be periodically and automatically invested in government insured interest-bearing investment fundsfunds or accounts. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryDepositor under any circumstances.

Investment of Contributions. At the direction of the Designated Beneficiary (or the direction of the Depositor or the Responsible IndividualParticipant, whichever applies) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the bythe Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such anysuch orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Participant, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryParticipant.

Investment of Contributions. At the direction of the Designated Beneficiary Depositor (or the direction of the Depositor or Beneficiary upon the Responsible Individual, whichever appliesDepositor’s death) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "“over the counter" ” (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryDepositor.

Investment of Contributions. At the direction of the Designated Beneficiary (or the direction of the Depositor or the Responsible IndividualParticipant, whichever applies) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Participant, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryParticipant.

Investment of Contributions. At the direction of the Designated Beneficiary Depositor (or the direction of the Depositor or beneficiary upon the Responsible Individual, whichever appliesDepositor's death) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryDepositor. All transactions shall be subject to any and all applicable, Federal, State and self regulatory organization laws and regulations, the rules, regulations, customs and usages of any Exchange, Market or clearing house where the transaction is executed, and to the Custodian's prevailing policies and practices.

Investment of Contributions. At 3.01 Shares of Regulated Investment Companies or Insured Bank Deposit Accounts – All contributions made by the direction of the Designated Beneficiary (Participant or the direction of the Depositor or the Responsible Individual, whichever applies) Participant’s Employer to their Account shall be invested by the Custodian shall invest all contributions pursuant to the account and earnings thereon instructions either in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange writing or "over the counter" (excluding in any securities issued other form permitted by the Custodian), covered call options, certificates of deposit, and other Custodian concerning investments to which delivered by the Custodian consents, in such amounts as are specifically selected and specified in orders Participant to the Custodian in such form as may be acceptable prior to or at the time a contribution is made to the CustodianAccount. After the Participant’s death, the Participant’s Beneficiary(ies) shall have the right to direct the investment of the Participant’s Account, subject to the same conditions that applied to the Participant during their lifetime under this Agreement (including, without any duty to diversify and without regard to whether such property is authorized by the laws limitation, Article 8.10 of any jurisdiction as a custodial account investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment fundsthis Agreement). The Custodian shall have no duty other than discretion to follow direct any investment in the Participant’s Account. The Custodian assumes no responsibility for rendering investment advice with respect to the Participant’s Account, nor will it offer any opinion or judgment to the Participant on matters concerning the value (including, without limitation, any investment with respect to which it may be difficult to ascertain fair market value) or suitability of any investment or proposed investment for the Participant’s Account. In the absence of instructions from the Participant, or if instructions are not in a form acceptable to the Custodian, the Custodian shall have the right to hold any uninvested amounts in shares of a money market fund of a regulated investment company or in an insured bank deposit account. The Custodian shall, within a reasonable time following receipt of written instructions from the Participant, invest such contributions in full or fractional shares of certain regulated investment directions companies, as instructed by the Participant in accordance with the rules and procedures of the Designated Beneficiary (Custodian. For purposes of this Agreement, “regulated investment companies” means any regulated investment company or companies within the Depositor or Responsible Individualmeaning of Code Section 851(a), and shall be under no duty to question said instructions and shall not be liable for or any series issued by such company that has an investment losses sustained by advisory agreement and/or a distribution agreement with the Designated Beneficiarycompany.

Investment of Contributions. At the direction of the Designated Beneficiary (or the direction of the Depositor or the Responsible IndividualParticipant, whichever applies) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Participant, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryParticipant.

Investment of Contributions. At the direction Contributions shall be invested in shares of available series of the Designated Beneficiary (or Company in accordance with the direction Depositor's written instructions in the Application, and with subsequent written instructions of the Depositor (or, following the death of the Depositor, his or her beneficiary) in a form acceptable to and filed with the Responsible IndividualCustodian. By giving such instructions, whichever appliesthe Depositor (or beneficiary, where applicable) will be deemed to have acknowledged receipt of the then current prospectus for any shares in which the Depositor (or beneficiary) directs the Custodian to invest contributions. The Depositor, by making a rollover contribution, as described in Article I, hereby certifies that the contribution meets all requirements for rollover contributions. The amount of each contribution shall be applied to the purchase of such shares at the price and in the manner in which such shares are then being publicly offered by the Company in accordance with the then current prospectus, and such shares shall be credited to the Custodial Account. All dividends and capital gain distributions received on the shares of the fund held in each Custodial Account shall be reinvested in such shares which shall be credited to such Custodial Account. If any distribution on shares of the fund may be received at the election of the shareholder in additional shares or in cash or other property, the Custodian shall invest all contributions elect to the account and earnings thereon receive such distribution in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account investmentadditional shares. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual), and shall be under no duty to question said instructions and shall not be liable for interest on any investment losses sustained cash balance in the Custodial Account. All Company shares acquired by the Designated BeneficiaryCustodian shall be registered in the name of the Custodian or its registered nominee.

Investment of Contributions. At the direction of the Designated Beneficiary Depositor (or the direction of the Depositor or beneficiary upon the Responsible Individual, whichever appliesDepositor's death) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable acce ptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the CustodianCustodian ), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial account Custodial investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are ar e not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarificationcl arification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Designated Beneficiary (or the Depositor or Responsible Individual)Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Designated BeneficiaryDepositor.