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This Agreement and Disclosure governs the use of a Personal Identification Number (PIN) with a capacity to access the City National Bank (CNB), Electronic Response System (ERS) and is issued to you as a participant in a qualified plan or other arrangement for which CNB acts as custodian or trustee for the Plan Sponsor/Administrative Committee.
The ERS has two modules that provide both inquiry and interactive transaction options to participants including a (1) voice response system and (2) Internet access via Online Retirement Services. This document outlines the policies by which the ERS access is to be made available by CNB. By using the PIN that is assigned to you and accessing the ERS, you are acknowledging that you have read this information and agree to its terms.Rules for Use
By using your PIN through the ERS, you authorize us to accept any changes to your account. However, we can cancel, modify or restrict your use of the ERS at any time upon notice to you, your Plan Sponsor or your employer. We can cancel, modify or restrict access to the system without notice if we believe that your PIN has been lost or stolen, if we get a notice of possible unauthorized use of the PIN, or where necessary to maintain or restore the security of your account(s) or the ERS.
The ERS is an extension of CNB’s services. There will be periods when the ERS is not operational due to holidays, market disruptions, system maintenance and acts of God. CNB also reserves the right to bring the applications down as necessary. CNB intends down time to be very minimal and transparent to you. If the applications are down for an extended period, we will notify the Plan Sponsor of the event and CNB’s plan of action.
The daily cut-off time for processing requests is 1:00 p.m. pacific time on any available trading day. If your account includes Employer Stock, the daily cut off time may be earlier. CNB will attempt to process transactions accepted by ERS before 1:00 P.M. pacific time on the same day. For requests accepted by ERS after 1:00 p.m. pacific time, CNB will attempt to process the transfer on the next available trading day. A confirmation number will be provided to you for each transaction. You will receive a letter containing this number confirming the transaction. The letter will be mailed to your address of record within five business days. Participants should use this confirmation number in conversations or written correspondence with CNB. While CNB will make every reasonable effort to process trades in accordance with this schedule, CNB is not responsible for any losses incurred due to delayed trade processing, unless due to willful misconduct or gross negligence on the part of CNB.
If the ERS is down, transaction requests may be made by mailing or faxing instructions to CNB, or by calling our Participant Call Center at (800) 660-6282. Based upon the time the mail or facsimile is received, CNB will process the transaction as soon as feasibly possible unless it is a time of market disruption and then the transaction will be completed as soon as practicable. Participants must contact CNB to confirm receipt of instructions sent via mail or facsimile by telephone during business hours at (800) 660-6282.
During stock market disruptions, the ERS may be unavailable or the telephone lines busy. Participants may use the Backup Procedures to request transactions. During times of stock market disruptions, CNB will endeavor to process the requested transactions within the period stated in the Operational Guide. However, if a transaction cannot be completed due to circumstances beyond CNB’s control, it will be completed as soon as practicable.
If your Plan allows for you to maintain an Individually Directed Account for the purchase of individual stocks, bonds or other securities, the ERS may not be used to place trades within your IDA. Please contact your IDA account representative with questions related to the operation of your IDA.
CNB receives pricing data and other fund related information directly from various pricing services. CNB is not responsible for the accuracy of the information received from the pricing services. When CNB is notified that the information is not correct, CNB will correct the data as soon as practicable.
By utilizing the Personal Identification Number (PIN) provided to you, you are authorizing CNB to process the transactions requested on the ERS. It
is your responsibility to request desired transactions correctly taking into account the information described in this document. Furthermore, you agree
to release and hold harmless CNB from and against any liability or losses (including legal fees) arising out of or in connection with the use of your
PIN, unless due to willful misconduct or gross negligence on the part of CNB.
You agree not to send hard copy instructions to either the Plan Sponsor or CNB which duplicate any transaction activities previously originated on the ERS. This includes investment election changes and fund transfer instructions. Receipt of hard copy instructions could result in the posting of a duplicate transaction.
You must keep your Personal Identification Number secret. PINs are provided in sealed envelopes addressed with your name. If your envelope has been tampered with, or has been opened before you receive it, contact a CNB representative at once. You assume responsibility for the results of investment fund transfers placed using your PIN. These transactions may result in gains or losses on your account, just as they would using a printed form. You must tell a CNB representative at once if you believe that your PIN has been lost or stolen, or if you believe that someone has ordered investment fund transfers or future investment fund election percentages without your knowledge.
Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Pre-arbitration discovery is generally more limited than and different from court proceedings. The arbitrators award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by arbitrators is strictly limited. The panel of arbitrators may include arbitrators who were or are affiliated with the securities and/or banking industry. Any controversy arising out of or relating to this Agreement or any mutual fund transaction shall be referred to binding arbitration before the American Arbitration Association (the “AAA”) strictly in accordance with the terms of this Agreement and the Commercial Arbitration Rules of the AAA. The board of arbitrators shall convene at a place mutually acceptable to the parties hereto. The parties hereto agree to accept and be bound by the decision of the board of arbitrators, and judgment upon any award rendered may be entered into any court having jurisdiction thereof. The provisions of this paragraph shall survive any termination, amendment or expiration of the Agreement.