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the eligible assets are divided into as many equal shares as there
are living children of the account holder or designated named ben-
eficiary and deceased children of the account holder or designated
named beneficiary who have descendants living. Each living child
is allocated one share. The share of each deceased child with living
descendants is allocated one share, which is divided equally among
such living descendants. This subdivision is repeated at each suc-
ceeding generation until the property is fully allocated among living
descendants. For example, if per stirpes has been selected and if
the account holder at the Date of Death has two living children and
one deceased child who has three living children (i.e., grandchildren
of the account holder), each living child of the account holder would
receive one-third of the eligible assets and each of the three children
of the deceased child would receive one-ninth of the eligible assets.
Division among the descendants of a named beneficiary would occur
in the same manner as to the share of the named beneficiary. The
term “descendants” shall include both natural and legally adopted
descendants living at the Date of Death.
If no primary or contingent beneficiary is living on the Date of Death,
the Account assets will be paid to the estate of the account holder.
D. Changes to Beneficiary Designations The account holder
may at any time change the named beneficiaries or revoke the
designations made under the Agreement. A subsequent Form will
revoke a prior designation of beneficiaries when the Form becomes
effective (i.e., signed, delivered to, and accepted by Fidelity, and
submitted in a form and manner acceptable to Fidelity).
Except as provided with respect to descendants of the account
holder who become beneficiaries because the account holder has
selected per stirpes, changes in the relationship between the account
holder and any other beneficiary, including, but not limited to, sub-
sequent marriage, dissolution of marriage, remarriage or adoption,
will not automatically add or revoke designations of beneficiaries.
For example, if a former spouse was a designated beneficiary prior
to dissolution of the marriage, the former spouse would remain a
beneficiary after the dissolution unless his or her designation as
a beneficiary was expressly revoked by execution of a new Form
signed by the account holder and received and accepted by Fidelity.
E. Payment on Death Until the Date of Death, the account
holder retains complete control over the assets in the Account, the
beneficiaries have no interest in the Account, and there will be no
transfers made pursuant to the Agreement. All eligible assets in
the Account must be held at Fidelity at the Date of Death in order
to be distributed to beneficiaries. Fidelity may liquidate assets to
pay and transfers will be reduced by any financial obligation of the
account holder to Fidelity, including, but not limited to, any margin
debt balance or if the Account is subject to any taxes. Transfers shall
be increased by any amounts payable to the Account but not paid
or credited before the Date of Death. Unless otherwise instructed,
all income paid to the Account after the assets have been initially
apportioned (i.e., residual income) will be systematically allocated
to the beneficiary receiving the largest share proportion of the
account assets. If the account is transferred evenly, the income
and/or fractional shares will be systematically allocated to the last
beneficiary paid. Amounts paid or credited after Date of Death but
before Fidelity has had reasonable time to act following the account
holder’s death will be paid to the estate of the account owner.
Each designated beneficiary must notify Fidelity of the death of
the account holder and provide in a timely manner: (1) either the
account number of an existing Fidelity account of which the benefi-
ciary is an owner or a completed and signed Change of Registration
Form or new account application, as applicable (if not previously
provided); (2) a copy of the death certificate; (3) a tax waiver if
required by state law; and (4) such additional necessary and/or
appropriate information or documents as Fidelity may require.
Fidelity may require a certification of the identity of the beneficiaries
from the personal representative of the estate of the account holder
or any other appropriate person.
Fidelity will require each beneficiary to open an account at Fidelity
or to identify an appropriate existing Fidelity account in order to
facilitate transfer of the Account’s eligible assets and to execute an
indemnification in the amount of the Account’s assets.
Transfer of assets in the Account will begin as soon as practicable
after the Date of Death.
Fidelity has no obligation to: (1) locate any beneficiary, the spouse
or legal heirs of any account holder or the personal representative
of the estate of any account holder; (2) notify any person of any pro-
posed or completed transfer of eligible assets; or (3) independently
verify any information submitted by any person claiming an interest
in the Account.
In the event of reasonable doubt as to disposition of Account
assets, Fidelity may resolve such doubt by judicial determination,
which shall be binding on all parties claiming any interest in the
Account. All legal and other applicable expenses shall be paid from
the assets of the Account.
F. Payments to Minors and Other Beneficiaries Under
Incapacity If a beneficiary is a minor or otherwise under a legal
disability, Fidelity may, in its absolute discretion, make all, or any
part of the distribution for such beneficiary to: (1) a parent of such
beneficiary; (2) the guardian, conservator, or other legal repre-
sentative, wherever appointed, of such beneficiary; (3) an existing
custodial account established for such beneficiary under a Uniform
Transfers to Minors Act or similar act; (4) any person having control
or custody of such beneficiary; or (5) to such beneficiary directly. If
there is no person having control or custody or no existing custodial
account of such beneficiary, nor a court-appointed custodian or
guardian, Fidelity may request such appointment for the distribution
of any eligible assets payable to such beneficiary.
G. Indemnity The account holder, the estate and successors-
in-interest of the account holder, including all beneficiaries, shall
fully indemnify and hold harmless Fidelity, its agents, affiliates,
control persons, successors and assigns and their directors, officers,
employees and agents from and against all claims, actions, costs
and liabilities, including attorneys’ fees, by or to any person or
entity, including any beneficiary, any creditor of the account holder,
the estate of the account holder and the account holder’s heirs, suc-
cessors and assigns, arising out of or relating to:
• Any designation of a beneficiary made under the Agreement that
conflicts with any beneficiary designation made in the account
holder’s will, trust, premarital agreement, other oral or written
agreement or any other legal document.
• Any written change of beneficiaries by the account holder that has
not been received by and accepted by Fidelity.
• Any other action taken by Fidelity in opening and maintaining the
Account under the Agreement, registering assets in the name of
the Account and completing transfers from the Account upon the
Date of Death, including, but not limited to, Fidelity’s reliance on
individuals or sources named in this Agreement.
H. Governing Law. This Agreement and its enforcement are gov-
erned by the laws of the Commonwealth of Massachusetts, except
with respect to its conflicts-of-law provisions. The Agreement shall
inure to the benefit of Fidelity’s successors and assigns, whether by
merger, consolidation or otherwise, and shall be binding upon the
heirs, personal representatives, successors and assigns of the account
holder and the beneficiaries designated by the account holder.