Form of Custodial Services Agreement

THIS CUSTODIAL SERVICES AGREEMENT (this “Agreement”) is made on February 11, 2022 (the “Effective Date”), by and between wShares Bitcoin Fund (the “Client”) and Fidelity Digital Asset Services, LLC (the “Custodian”, and collectively with the Client, the “Parties,” and each individually, a “Party”).

“Affiliated Agent” shall have the meaning set forth in Section 12.C.iii.

“Assets” means Cash and Eligible Assets that have been Delivered to the Custodian to be held in one or more Custody Accounts established and maintained by the Custodian on behalf of the Client, in each case until such Assets are withdrawn or cease to be Assets pursuant to this Agreement. Assets shall also mean any Forked Digital Asset that the Custodian, in its sole discretion, chooses to support pursuant to Section 8 hereof.

“Authenticated Instruction” means an Instruction that has been confirmed as originating from an Authorized Person through a video conference call, the use of a mobile phone application or hardware security module or other method of authentication in accordance with procedures specified by the Custodian from time to time as required to be used in connection with the services hereunder.

“Authorized Agent” means Wilshire Phoenix Funds LLC.

“Authorized Person” shall have the meaning set forth in Section 5.A.

“Blockchain Address” means a public address on a blockchain in which a record of Eligible Assets can be held (including, without limitation, a bitcoin address for the asset commonly known as bitcoin).

“Business Day” means any day on which the Federal Reserve Bank of New York is open for business.

“Cash” has the meaning set forth in Section 2.A.ii.

“Cut-Off Time” has the meaning set forth in Section 5.G.

“Delivery” (or “Deliver” or “Delivered”) means the transfer of Eligible Assets to one or more Blockchain Addresses controlled by the receiving Party and provided by the receiving Party to the sending Party for such transfer. Eligible Assets shall be considered Delivered to the Custodian after the prevailing number of network confirmations as required by the Custodian from time to time have occurred on the blockchain used for the transaction transferring the Eligible Assets.

“Digital Asset” shall mean a digital asset (also called a “cryptocurrency,” “virtual currency,” “digital currency,” or “digital commodity”), such as bitcoin, which is based on the cryptographic protocol of a computer network that may be (i) centralized or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value.

“Eligible Assets” mean Digital Assets that are supported by the Custodian in its sole discretion on any given date in accordance with Section 2.C.

“Fee Schedule” means the schedule referred to in Section 12.D.i., as annexed hereto.

“Force Majeure Event” means any event due directly or indirectly to any cause or condition beyond the reasonable control of the Custodian, such as, but not limited to:  changes in the functioning or features of Eligible Assets or the software protocols that govern their operation; sabotage or fraudulent manipulation of the protocols or network that govern Eligible Assets; changes in applicable Law; cybersecurity attacks, hacks or other intrusions; unavailability or malfunction of wire, communications or other technological systems; suspension or disruption of trading markets; requisitions; involuntary transfers; failure of utility services; fire; flooding; adverse weather or events of nature; explosions; acts of God, civil commotion, strikes or industrial action of any kind; riots, insurrection, terrorist acts; war (whether declared or undeclared); or acts of government or government agencies (U.S. or foreign).

“Fork” means a change in the consensus rules of a network for a Digital Asset, as further described in Schedule 3.

“Forked Digital Asset” means the resulting branches of a Digital Asset that has undergone a Fork.

“Governmental Authority” means any governmental body at the supranational, national, state, county, province, city, municipal, local or any other level, any agency, authority, instrumentality, regulatory body, quasi-regulatory authority, administrative tribunal, central bank, public office, court, arbitration or mediation panel, or other entity or subdivision exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of government, securities exchange or self-regulatory organization, in each case in any jurisdiction.

“Ineligibility Determination” shall have the meaning set forth in Section 2.C.

“Instructions” mean communications received by the Custodian through an on-line communication system, by e-mail, or other method or system, as specified by the Custodian from time to time as available for use in connection with the services hereunder.

“Law” means each of the following, including any updates thereto throughout the Term, to the extent applicable: any and all supranational, national, state, provincial or local laws, treaties, rules, regulations, regulatory guidance, directives, policies, orders or determinations of (or agreements with), and mandatory written direction from (or agreements with), any Governmental Authority or other regulatory authority, including export laws, sanctions regulations, and all federal and state statutes or regulations relating to banking, stored value, money transmission, unclaimed property, payment processing, telecommunications, unfair or deceptive trade practices or acts, anti-corruption, trade compliance, anti-money laundering, terrorist financing, “know your customer,” securities, commodities, derivatives, other financial products or services, privacy or data security.

“Person” means any natural person, corporation, general partnership, limited partnership, limited liability company, joint venture, trust, proprietorship, governmental body or other entity, association or organization of any nature. Any reference herein to any Person shall be construed to include such Person’s successors and assigns.

“Proper Instructions” shall have the meaning set forth in Section 5.B.

“Registration Statement” means the Registration Statement (including a Prospectus and Statement of Additional Information) for the Client under the Securities Act of 1933, as amended, filed with the U.S. Securities and Exchange Commission.

“Shares” means undivided beneficial interests in the Client.

“System Failure” means a failure of any computer hardware or software used by the Custodian or a service provider to the Custodian, or any telecommunications lines or devices used by the Custodian or a service provider to the Custodian.

“Taxes” means all federal, state, local, foreign, and other taxes, government fees or the like, including, without limitation, income taxes, estimated taxes, alternative minimum taxes, franchise taxes, capital stock taxes, sales taxes, use taxes, ad valorem, or value-added taxes, employment and payroll-related taxes, withholding taxes, and transfer taxes, whether or not measured in whole or in part by net income, and all deficiencies, or other additions to tax, interest thereon, and fines and penalties imposed in connection therewith.

“Trade Order” shall have the meaning set forth in Section 4.A.

The Custodian may perform any of its duties or obligations under this Agreement through depositories, subcustodians, subcontractors or agents (including its affiliates), whenever and on such terms and conditions as it deems necessary or advisable to perform such duties or obligations or liabilities.

The Custodian shall act in good faith and use reasonable care in the selection and continued appointment of unaffiliated depositories, subcustodians, subcontractors or agents but the Custodian will not be liable to Client for the activities of such unaffiliated depositories, subcustodians, subcontractors or agents.  [REDACTED].  Upon written request of the Client, the Custodian will provide information as may be reasonably requested by the Client with respect to any appointed unaffiliated subcustodians of the Trust’s Digital Assets.

The Custodian is not responsible for any Fork of a Digital Asset, including any Eligible Assets, and is not liable for any loss in value of the Assets held by the Custodian on the Client’s behalf as a result of any Fork or otherwise. It is the responsibility of the Client to make itself aware of anticipated or upcoming operational or systemic changes in a Digital Asset and the Client must carefully consider publicly available information as well as information provided by the Custodian, if any, in determining whether to continue to use an account with the Custodian in connection with a Forked Digital Asset. In the event of a Fork of an Eligible Asset, the Custodian will use reasonable efforts to investigate the technical and operational feasibility of providing services with respect to Forked Digital Assets and will act in accordance with its Policy Statement on Forks as set forth in Schedule 3 attached hereto, which may be supplemented or modified by the Custodian from time to time in its sole discretion; provided that the Custodian retains the right, in its sole discretion, to determine whether or not to support (or cease supporting) each Forked Digital Asset.

including the risks of fraud and theft; and it understands that it will bear such risks and the potential loss or diminution in value of Digital Assets due to (a) changes or developments in the Law or conditions under existing Law in which its rights in and to such Digital Assets are not adequately protected,  (b) changes in the Custodian’s policies or procedures made in the Custodian’s sole discretion in light of legal, regulatory, operational, security or reputational risks, (c) an Ineligibility Determination or (d) fraud and theft to the extent not the result of the Custodian’s gross negligence, willful misconduct or fraud;

that the Client may sustain due to compromise of account login credentials not due to fault of the Custodian, or due to any failure by the Client, any Authorized Person or the Authorized Agent to follow or act on any notices or alerts that the Custodian may send to the Client, an Authorized Person or the Authorized Agent.

The Client agrees that the Assets will be finally distributed, transferred and delivered to the Client only upon the Client’s indefeasible payment in full of any amounts due and owing to the Custodian hereunder.

If the Client, upon demand, fails to pay the Custodian any required amount in respect of any Asset subject to this Agreement, the Custodian may, without prior notice to the Client (except as required by law) and at any time appropriate, sell such Asset and/or exercise in respect of each such Asset any and all the rights and remedies of a secured party on default under applicable law; provided however that the Custodian shall provide notice of such sale to the Client promptly after effecting such sale.

In addition to all rights and remedies available to the Custodian under applicable law, the Custodian shall have, and the Client hereby grants, a continuing lien on and valid and perfected first-priority security interest in all Assets in the Custody Account until the satisfaction of all liabilities of the Client to the Custodian arising under this Agreement, including without limitation liabilities in respect of any fees and expenses or credit exposures in relation to the Custody Account incurred in the performance of services under this Agreement. Custodian shall have all the remedies of a secured party under the Uniform Commercial Code in effect in the Commonwealth of Massachusetts. 

The Client shall not grant any other Person a lien, security interest, charge or similar rights or claims against the Assets without the Custodian’s prior written consent.

Without limiting any other rights and remedies of the Custodian under this Agreement or applicable law, to the extent permitted by applicable law, the Custodian may, with prior notice to the Client, set off any payment obligation owed to the Custodian by the Client against any payment obligations owed by the Custodian to the Client, regardless of the place of payment, delivery and/or currency of any obligation (and for such purposes may make any necessary conversions of currencies or Digital Assets). If any obligation is unliquidated or unascertained, the Custodian may set off an amount estimated by the Custodian in good faith to be the amount of that obligation.

The Custodian shall keep appropriate records regarding the custodial services performed under this Agreement. All records maintained by the Custodian with respect to the Client shall be retained by the Custodian for such period as required by applicable law, but in no event for less than seven (7) years, after which retention of such records shall be at the Custodian’s discretion.

Each of the Custodian and the Client agrees that it will maintain any confidential and proprietary information disclosed to it by the other Party hereto, including the fees set forth in the Fee Schedule (“Confidential Information”), in a confidential manner using the same care it uses to protect the confidentiality of its own confidential information, and will not use for its own benefit or otherwise the Confidential Information of the other Party except (x) as expressly authorized by this Agreement and to the extent necessary for performance of this Agreement or (y) upon the prior written consent of the other Party; provided, however, that each of the Custodian and the Client may disclose any such confidential or proprietary information of the other Party to those of its affiliates and its and their officers, directors, employees, agents (including attorneys and financial advisors), and contractors, in each case, who need to know such information for purposes of this Agreement and who are bound by confidentiality obligations consistent with the terms hereof.  Notwithstanding the foregoing, Confidential Information shall not include information that was (a) publicly available prior to disclosure by such disclosing party; (b) already in the receiving party’s possession and not subject to an obligation of confidentiality; (c) obtained by the receiving party from a third party without restriction on disclosure; (d) entirely independently developed by the receiving party without reference to any Confidential Information of the disclosing party; (e) the tax treatment and any facts that may be relevant to the income tax consequences of the transactions contemplated by this Agreement.

If, at any time, the receiving party is required by law or regulation to make any disclosure of any of the Confidential Information, by summons, subpoena, judicial or administrative order or otherwise, the receiving party shall (to the extent permissible and practicable under the circumstances) give prompt prior written notice of such requirement to the disclosing party and permit the disclosing party to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide reasonable cooperation and assistance to the disclosing party in lawful efforts to resist, limit or delay disclosure at the disclosing party’s sole expense.   The Custodian and the Client each may disclose Confidential Information to its regulators without the consent of the other party.

The receiving party shall promptly notify the disclosing party in writing of any loss, or use, access or disclosure of Confidential Information of the disclosing party in violation of this Agreement promptly following recipient’s discovery and shall promptly take measures to minimize the effect and prevent its recurrence.  The receiving party shall be liable under this Agreement to the disclosing party for any loss, or access, use, or disclosure in violation of this Agreement by itself or its representatives.

Notwithstanding anything contained in this Section 17 or otherwise in this Agreement to the contrary, the parties agree that (i) the Client may reference Fidelity Digital Assets LLC and summarize the material terms of this Agreement (in a form approved by the Custodian) in the Registration Statement and any other offering memorandum or prospectus related to an offering of the Shares by the Client to potential investors, (ii) the client may file the form of this Agreement with the Securities Exchange Commission as an Exhibit to the Registration Statement (with such redactions as are reasonably requested by the Custodian), and (iii) the Client may disseminate information related to the Assets and the services provided by the Custodian hereunder to its investors that is required to be provided to such investors pursuant to the terms of the Registration Statement or the transaction documents related to the Shares.

The Client acknowledges that the names and logos of the Custodian and its affiliates including, but not limited to, “Fidelity”, “Fidelity Investments®” and “Fidelity Digital Assets” (collectively, “Names”) are proprietary trademarks and trade names and are of significant value and importance. Client will not undertake any written or oral sales, advertising, press release, marketing, promotional or solicitational activities which identify, make reference to or otherwise use these Names, or suggest either orally or in writing that Client is an agent of, affiliated with or in any way part of the Fidelity organization, except as otherwise approved in writing by the Custodian.  No reference to the Custodian or Fidelity companies may be made in such a way as to potentially mislead customers of the Client.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized.

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Clients may buy Digital Assets with U.S. dollars and sell Digital Assets for U.S. dollars in “spot” transactions through the Custodian’s execution service in accordance with the following terms, as such terms and procedures may be modified by the Custodian from time to time.  As further described below, the Custodian’s trade execution service is comprised of (1) an internal matching engine with a “dark” order book, (2) a smart order router to facilitate execution of Trade Orders that do not match through the internal matching engine, and (3) external market reference data.

Trade Orders may be entered only within applicable ‘trading session hours’ specified by the Custodian on Business Days when the Custodian is open for business in the ordinary course.  Open Trade Orders (or portions thereof) that are not fully executed by the close of trading session hours will be cancelled by the Custodian. Trading session hours, and the time in force for Trade Orders, may be modified by the Custodian from time to time.

Trade Orders may be submitted in amounts of Digital Assets or US Dollars (or portions thereof) that do not exceed the “XBT Balance” or “USD Balance” in the Client’s Custody Account, as reflected in the trading interface.  The executed U.S. dollar value of Trade Orders will be rounded up or down to the nearest cent.  If one cent or less is remaining in a Trade Order that was submitted in U.S. dollars, the Custodian will treat that order as filled.  Trade Orders entered in US Dollars will be converted to quantities of Digital Assets for execution; as a result, the actual amount of an executed Trade Order entered in US Dollars may be more or less than the US Dollar amount entered for the Trade Order.

The Custodian’s trading interface can only be accessed via successful log-in to the Custodian’s custody dashboard.  The Custodian’s custody dashboard will display, for each Custody Account, the “Available”, “Unsettled” and “Total Value” amounts for both U.S. dollars and Digital Assets.  Because the custody dashboard does not reflect open Trade Orders, the “Available” balances shown in the custody dashboard could be different than the “XBT Balance” and “USD Balance” shown in the trading interface.

When a Trade Order is entered, the notional U.S. dollar value of the purchase, or quantity of Digital Assets of the sale will be deducted from the Client’s “Available” balance in the Custody Account.  An additional reserve may be deducted for market orders to protect against market movement.  Deducted value may be returned to the Client’s Custody Account if the Trade Order expires, is cancelled, or the executed value is less than the amount deducted.  “Available” balances are maintained in real-time to account for intraday activity.

Digital Asset and U.S. dollar balances related to executed Trade Orders must be settled in the Client’s Custody Account (as reflected in the “Available” balance) before additional Trade Orders may be placed in respect of those Digital Asset and U.S. dollar balances.  When open Trade Orders exist, the Client

should refer to the “Available” balances as reflected in the trading interface to determine Digital Asset or U.S. dollar balances available for transfer.

All Trade Orders must be submitted through the Custodian’s proprietary trading interface.  Initially, the Custodian’s system will support market, limit, and stop-limit orders.

The Custodian may, for risk management or other reasons, impose limits on the number or size, or both, of Trade Orders.  Each Trade Order shall not exceed the maximum limit in notional U.S. dollar value established by the Custodian; multiple Trade Orders from the Client may have a cumulative value over the maximum limit if they are entered as separate Trade Orders that individually do not exceed the maximum limit. Each Trade Order must exceed a minimum amount in notional U.S. dollar value established by the Custodian.  The Client is responsible for the accuracy, content, and submission of each Trade Order.

The Custodian will attempt to provide Clients with the ‘best’ price for Trade Orders that is available from its internal order books or network of approved counterparties through its order handling process, as described in this Schedule 2.  As used in this Schedule 2, ‘best price’ means the highest available price for “sells” and the lowest available price for “buys”.  The Custodian makes no representations as to how the execution price of any Trade Order compares to prices quoted by other trading platforms or market information generally, and makes no assurances that Client Trade Orders will be executed at prices more favorable to the Client than are available through other trading platforms.  The Custodian is not, and is not registered as, a broker-dealer or investment adviser and has no obligation to seek “best execution” for Client purchases or sales of Digital Assets.

The Custodian’s order handling process will first attempt to electronically match each Trade Order with a Trade Order from another client (on the opposite side) before routing a Trade Order externally.  The Client will not know if an executed Trade Order was internally matched or routed away.

The internal matching engine prioritizes orders with the highest (buy) or lowest (sell) price over orders with a lower (buy) or higher (sell) price; orders are then ranked on the system by arrival time.  Trade Orders that are matched internally at the mid-point of prices that are derived from reference prices from external marketplaces, subject to the requirements of the applicable order type.  Limit orders are matched internally if the Limit price is greater than or equal to the best ask for buy orders, or less than or equal to the best bid for sell orders.  The Client will not know the execution price of an order before the Trade Order is executed.

If a Trade Order is not matched internally, it will be routed away to counterparties that have been previously approved by the Custodian.  The composition of the network of approved counterparties available to the Custodian may change at any time.  The Custodian does not provide economic incentives to counterparties to attract order flow.  The Custodian is not able to honor Client requests or prohibitions about trading with certain counterparties.  The identity of the approved counterparties to whom the Client’s Trade Order has been externally routed will not be disclosed to the Client.

The routing algorithm prioritizes Trade Orders by price, as described in the second paragraph of this section.  The Custodian’s system requests the best prices that are available from approved counterparties; the Custodian’s order handling process will choose the best price from among the prices that are quoted by approved counterparties within a narrow range and will execute the Client’s Trade Order at that price as the execution price, subject to requirements of the applicable order type.  The Client will not know the execution price of an order before the Trade Order is executed.  Trade Orders are not aggregated, and buy and sell orders are not netted, when quotes are requested from approved counterparties.

The Custodian will only execute Trade Orders that have been internally matched with another Trade Order or that have been executed at a price received from an approved counterparty.  The Custodian does not mark-up or mark-down any quotes received from approved counterparties.  The Custodian may declare a Trade Order to be null and void, or may adjust the execution price or other components of a Trade Order, if it determines, in its sole discretion, that the execution price of the Trade Order was clearly erroneous.

With respect to each executed Trade Order that was routed away (or, with respect to partial executions of a Trade Order, that portion that is executed), the relevant deliver, receive and related payment obligations will be owed to and from the Client and the Custodian (and will be settled through corresponding credits or debits to the Client’s Custody Account) and not to or from the Client and the counterparty that has provided the execution price of the related Trade Order.  With respect to each executed Trade Order that was matched internally, the Custodian will settle the Trade Order through corresponding credits or debits to the Client’s Custody Account, as applicable, without a requirement for any Delivery to occur.

Proceeds from all Trade Orders will be made available to the Client, as reflected in the “Available” balance, on the trade settlement date after the Custodian’s operational processes are complete (generally, T+1).

When a buy order is executed on T, the notional U.S. dollar value of the transaction will be debited from the U.S. dollar balance in the Client’s Cash Custody Account, and the quantity of Digital Assets to be received by the Client will be reflected as “Pending” in the Custodian’s custody dashboard. When a sell order is executed on T, the amount of Digital Assets for the transaction will be debited from the Digital Assets balance in the Client’s Digital Asset Custody Account, and the U.S. dollars to be received by the Client will be reflected as “Pending” in the Custodian’s custody dashboard.

Once the Custodian’s trade settlement processes are complete, generally on T + 1, the Digital Asset or U.S. dollar amount, as applicable, that is designated as “Pending” in respect of a Trade Order entered on T will be changed from “Pending” to “Available”.

Upon trade execution, Trade Orders will be assessed a per transaction fixed fee in basis points (based on notional value) in the amount specified in the Custodial Services Agreement, which may be updated from time to time.  For purchases of Digital Assets, the U.S. dollar value of the Client’s Cash Custody Account will be reduced at order entry by the amount of the transaction fee, and the full executed quantity of Digital Assets will be credited to the Client’s Digital Assets Account, subject to the settlement procedures described above. For sales of Digital Assets, the U.S. dollar proceeds received by the Client will be reduced by the amount of the transaction fee.

The Custodian’s custody dashboard will display external market reference data solely for the purpose of providing information to Clients about broader market conditions.  Such external market reference data may include prices and other information about purchases or sales of Digital Assets on certain trading platforms that are not available for Client Trade Orders.  Market data may appear with a time delay, and the Custodian is not responsible for the accuracy or completeness of pricing or trade information from external trading venues.  Prices of Digital Assets that are displayed in the Custodian’s trading interface are for reference only and should not be relied upon by the Client as the expected execution price of any Trade Order.

The Custodian’s trading interface will display non-executable pricing that is derived from external reference data of the best bid and ask from select external marketplaces.  Market data for Trade Orders facilitated by the Custodian is hidden from Client and public view.

Trade Orders that include any of the following characteristics will not be accepted by the Custodian:

Trade Orders will not be executed under any of the following circumstances:

Disagreements among developers of digital assets can result in non-backwards compatible changes to the consensus rules of a blockchain, which can cause two (or more) digital assets to appear that are essentially copies of one another, with balances on both chains.  “Hard” forks and airdrops result in the creation of new digital assets, but do not necessarily create value.  Digital assets that result from hard forks or airdrops may not be available to customers of Fidelity Digital Asset Services, LLC (“FDAS”).

Set forth below are certain terms that are sometimes used when discussing forks.

A “hard fork” is a fork that changes the consensus rules of the network in a non-backwards compatible way.  Hard forks, including those with widespread community support, require updates to software.

A “soft fork” is a fork that changes the consensus rules of the network in a backwards compatible way.  These forks are voluntary; using the fork’s new features is an option, but not a requirement, that can be taken into account by users of the network.

A “51% attack” can occur when a fork does not change the “proof of work” function, and one of the resulting forks has a significantly higher hashrate than the other.  In such circumstances, miners who switch their hashrate temporarily to the minority chain are able to reverse transactions, which can result in losses.

A “replay attack” occurs when the fork does not change the transaction format so that a transaction is valid on both chains.  Some forks have chosen not to implement replay protection, and others have chosen to implement new transaction signing mechanisms that avoid movement of funds on both chains when a user intended to move them on only one chain.

An “airdrop” is a general term for a new coin or fork that imports addresses from          another          coin.  It is a way to distribute assets to users of a network without conducting a sale.

The “address” on a blockchain is a “payment instruction” and generally contains a unique identifier that identifies the coin (e.g., starts with 1 or 3 for bitcoin addresses).  Confusion and additional risks arise when a fork does not change the address format.

A “chain reorganization” can occur when a hard fork does not change its proof of work function, and one side has more hashrate than the other initially but that hashrate moves to another fork after the fork activates. This can reorganize the minority chain deposits received even before the fork, and is the reason why exchanges may pause operations for a period of time before a fork is deployed.

In light of the foregoing, a hard fork can be considered an attack on the user’s key management policies and introduces additional risks.  In connection with the occurrence or anticipated occurrence of a fork, FDAS may suspend operations (with or without advance notice) while it evaluates the consequences of a fork and determines which chain resulting from the fork it will support as an Eligible Asset under this Agreement.

FDAS is not responsible for hard forks or soft forks, any of which may result in material changes to the value or functioning of a digital asset.

FDAS may, but is not required to, implement the features of future soft forks of digital assets.

In the event of a hard fork of a digital asset, FDAS will determine in its sole discretion which branch of the blockchain it will support, and FDAS is under no obligation to support any other forks or versions of digital assets.  FDAS will use reasonable efforts to notify its clients of hard forks that, in its sole discretion, may result in a material change to a network for the related digital asset; however, it remains the responsibility of the Client to make itself aware of hard forks and their consequences.  In determining whether or not to support a fork and provide services with respect to the related digital asset as an Eligible Asset under this Agreement, FDAS will evaluate various technical and market considerations that it determines to be relevant at that time.  Those considerations could include, but are not limited to, the following:

However, a decision by FDAS is not required to be based on the factors set forth above and could include other considerations that FDAS determines to be relevant at the time.  FDAS will use reasonable efforts to allow customers within a prescribed period of time to withdraw digital assets that are created as a result of a hard fork or airdrop and that FDAS determines not to support; however, it is not required to do so.