as may be necessary for legitimate business needs in connection with the operation of the
Program. Such information will be shared among the parties only for use in providing the
services hereunder and as otherwise legally required. For information regarding the collection,
processing and use of your personal information and your rights to limit the use and disclosure
of such information, you should contact Bridges. Administrator will never use your personal
information for any purpose other than to perform its role as administrator of the Program.
Administrator’s privacy policy is available online at www.ReichandTang.com.
Alternatives to the Program: By enrolling in the Program, you agree to the terms and conditions
provided herein. You understand that, at any time, you may terminate your participation in the
Program. If you terminate, the funds held through the Program will be sent back to your account
at Bridges.
Days of Operation: The Program will operate on all days when the Federal Reserve Bank of New
York is open for business.
Mutual Institution and Subscription Rights: Your funds may be placed in a Deposit Account at
a Receiving Bank that is in the mutual form of organization. Such a Deposit Account will be
identified on the books of the mutual institution as described in Section III. D, Deposits and FDIC
Insurance, and not in your name. Bridges and Administrator will not attend or vote at any
meeting of the depositor members of a mutual institution or exercise any subscription rights in
a mutual institution’s mutual-to-stock conversion, either on its own or on your behalf. You
hereby waive any right you may have to vote at any meeting of the depositor members, or to
receive or exercise any subscription rights you may have in the event that the mutual institution
converts from mutual to stock form, even if you held a Deposit Account as of an applicable
record date.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
BRIDGES, INTERMEDIARY BANK, ADMINISTRATOR OR THEIR AFFILIATES BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY
NATURE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING
NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF
PROFITS, GOODWILL OR BUSINESS INTERRUPTION.
Legal Process: Administrator, Intermediary Bank, Bridges, and the Receiving Banks may comply
with any writ of attachment, execution, garnishment, tax, levy, restraining order, subpoena,
warrant or other legal process, which such party reasonably and in good faith believes to be
valid. Bridges may notify you of such process by telephone, electronically or in writing. You
agree to indemnify, defend and hold Administrator, Bridges, Intermediary Bank and the
Receiving Banks harmless from all actions, claims, liabilities, losses, costs, attorneys’ fees, and
damages associated with their compliance with any process that such party believes reasonably
and in good faith to be valid. You further agree that Administrator, Bridges, Intermediary Bank,
and the Receiving Banks may honor legal process that is served personally, by mail, or by
facsimile transmission at any of their respective offices (including locations other than where
the funds, records or property sought is held), even if the law requires personal delivery at the
office where your Program Deposit records are maintained.