Laserfiche WebLink
CUSTOMER ACCOUNT AGREEMENT <br />In consideration of your opening or continuing securities accounts for me, <br />I agree to the following with respect to any of my accounts with you. <br />Throughout this agreement, "1" or "me" refer to the person signing this <br />agreement and all others who are legally obligated on this account. "You" <br />and 'your refer to Miller, Johnson & Kuehn, Inc. ( "MJK "). <br />1. Provisions in the Event of Failure to Pay or Deliver. If I do not pay <br />in full for any security purchased for my account by the time set forth on <br />the confirmation with respect to such transaction, you may, without prior <br />demand or notice, sell, pledge, repledge, hypothecate or rehypothecate <br />securities or other property held by you in any of my accounts and any <br />loss resulting therefrom will be charged to my account. In case of non- <br />delivery of a security by the time set forth on the confirmation with respect <br />to such transaction, you are authorized to purchase the security to cover <br />my position and charge any losses, commissions and fees to my account. <br />Your failure to take any of the actions authorized by me in this paragraph <br />shall not prevent you from taking such action at a later date with respect <br />to the same transactions nor shall such failure prevent you from strictly <br />enforcing the provisions of this paragraph in connection with any other <br />transactions. <br />2. Cancellation Provisions. You are authorized, in your discretion, <br />should I die or should you for any reason whatever deem it necessary for <br />your protection, without notice, to cancel any outstanding orders in order <br />to close out my account, in whole or in part, or to close out any commit- <br />ment made on my behalf. <br />3. General Provisions. Any sale, purchase or cancellation authorized <br />by this agreement may be made according to your judgment and at your <br />discretion on the exchange or other market where such business is then <br />usually transacted, or at public auction, or at private sale without adver- <br />tising the same and without any notice, prior tender, demand or call; and <br />you may repurchase the whole or any part of such securities, and 1 shall <br />remain liable for any deficiency. I further understand that any notice, prior <br />tender, demand or call from you shall not be considered a waiver of any <br />provision of this agreement. <br />4. Jurisdiction. The laws of the State of Minnesota shall govern this <br />agreement, its enforcement and interpretation and its provisions shall be <br />continuous. This agreement is for your benefit and for the benefit of any <br />successor organization of yours or your assigns, and shall be binding <br />upon me and my estate, executors, administrators and assigns. <br />5. Representations. I represent that I am of legal age. I further repre- <br />sent that I am not an employee of any exchange or of a member firm of <br />any exchange or of a member of the National Association of Securitles -- <br />Dealers, Inc. ( "NASD "), or of a bank, trust company, or insurance com- <br />pany unless I have notified you to that effect. If I become so employed, I <br />agree to notify you promptly. <br />6. Customer Information. 1 have reviewed a copy of the Customer <br />Account Card, which was prepared by you based on information given by <br />me. The information contained on my customer account card is correct <br />and complete as of the date hereof. If such information becomes inaccu- <br />rate or if my investment objectives change, I will promptly advise you. <br />7. Interest in Account. No one except me has an interest in any <br />account with you unless such interest is revealed in the title of such <br />account and in any such case I have the interest indicated in such title. <br />8. Oral Authorizations. I agree that you shall incur no liability in act- <br />ing upon oral instructions given to you concerning my accounts, provided <br />such instructions reasonably appear to be genuine. <br />9. Accuracy of Reports; Communications. Confirmation of orders <br />and statements of my accounts shall be conclusive if not objected to in <br />writing within ten days after mailing to me. Communications may be sent <br />to me at the address specified in this agreement or at such other address <br />as I may hereafter give to you in writing. All communications so sent shall <br />be deemed to have been personally delivered to me, whether actually <br />received or not. <br />10. Payment for Order Flow. The firm receives remuneration for direct- <br />ing orders to a particular broker or dealer through which your transaction <br />is executed. Such remuneration is considered compensation to us and <br />the source and amount of any compensation will be disclosed upon writ- <br />ten request. Remuneration received, if any, does not affect the price <br />reported to our clients. For transactions in collateralized mortgage oblig- <br />ations ( "CMOs "), yields are subject to fluctuation depending on the speed <br />in which the underlying note or receivable prepays. Specific information <br />is available upon written request. <br />11. Customer Agrees to Arbitration. <br />• Arbitration is final and binding on the parties. <br />• The parties are waiving their right to seek remedies in the <br />court, Including the right to a jury trial. <br />♦ Pre - arbitration discovery is generally more limited than and <br />different from court proceedings. <br />• saga � %♦ The arbitrators' award is not required to incl a factual findings or <br />legal reasoning and any party's right to appear or to seek modifi- <br />cation of rulings by the arbitrators is strictly limited. <br />♦ The panel of arbitrators will typically include a minority of arbitra- <br />tors who were or are affiliated with the securities industry. <br />I agree to arbitrate any disputes between MJK and me. I specifical- <br />ly agree and recognize that all controversies which may arise between <br />MJK, its agents, representatives or employees and me, concerning any <br />transaction, account, or the construction, performance or breach of this <br />or any other agreement between us, whether entered into prior, on, or <br />subsequent to the date hereof, shall be determined by arbitration to the <br />full extent provided by law. Such arbitration shall be in accordance with <br />the rules then in effect of the NASD. Judgment upon any award rendered <br />by the arbitrators may be entered in any court having jurisdiction thereof. <br />No person shall bring a putative or certified class action in arbitration, nor <br />seek to enforce any pre- dispute arbitration agreement against any person <br />who has initiated in court a putative class action; or who is a member of <br />a putative class who has not opted out of the class with respect to any <br />claims encompassed by the putative class action, until: (i) the class cer- <br />tification is denied; or (ii) the class is decertified; or (iii) the customer is <br />excluded from the class by the court. Such forbearance to enforce an <br />agreement to arbitrate shall not constitute a waiver of any rights under <br />this agreement except to the extent stated herein. <br />12. No Oral Modification: Affect on Prior Agreements. No modifica- <br />tion of this agreement shall be effective unless in writing and executed by <br />you and me. This agreement is not subject to any oral modification; the <br />signing of this agreement supersedes any prior Customer's Agreement <br />made with you or any of your predecessors. To the extent this agreement <br />is inconsistent with any other agreement governing my account, the pro- <br />visions of this agreement shall govern. <br />Date: X <br />NOTICE: By signing this agreement, I acknowledge receipt of a copy of <br />this agreement. I UNDERSTANDTHATTHIS AGREEMENT CONTAINS A <br />PRE - DISPUTE ARBITRATION CLAUSE AT PARAGRAPH 11 ABOVE. <br />Signature of Customer <br />X <br />Joint Signature <br />W -9 FORM <br />Request for Taxpayer Identification Number and Certification <br />❑ SS# or TAXPAYER I.D. NUMBER — My correct taxpayer identifica- <br />tion number is: <br />x `f/ -0973 960 <br />❑ APPLIED -FOR TAXPAYER I.D. NUMBER — A taxpayer identifica- <br />tion number has not been issued to me, and I mailed or delivered an <br />application to receive a taxpayer identification number to the appro- <br />priate Internal Revenue Service Center or Social Security <br />Administration Office (or I intend to mail or deliver an application in <br />the near future). I understand that if I do not provide a taxpayer iden- <br />tification number to you within 60 days, you are required to withhold <br />20% of all reportable payments thereafter made to me until I provide <br />a number. <br />❑ EXEMPT RECIPIENTS — I am an exempt recipient under the <br />Internal Revenue Service Regulations. <br />❑ BACKUP WITHHOLDING — I am not subject to backup withholding <br />either because I have not been notified that I am subject to backup <br />withholding as a result of a failure to report all interest or dividends, <br />or the Internal Revenue Service has notified me that I am no longer <br />subject to backup withholding. <br />❑ NONRESIDENT ALIENS — I am not a United States person, or if I <br />am an individual, I am neither a citizen nor a resident of the United <br />States. <br />By signing below I certify under penalties of perjury the state- <br />ments checked on this form. <br />X <br />Page 35 <br />