S.C. [Section 1818(e)(3) and (g)(1)])], or pursuant to Chapter [[Unknown Identifier]] of the Revised Code of Washington (“RCW”), the Bank’s obligations to pay such benefits shall be suspended as of the date of service, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Bank may in its discretion # pay the Participant all or part of the benefits withheld while its obligations under this Agreement were suspended and # reinstate in whole or in part any of its obligations which were suspended, all in a manner that does not violate Section 409A of the Code.

If, at the time benefits under Section 4 are otherwise payable to a Participant, the Participant is suspended and/or temporarily prohibited from participating in the conduct of the Bank’s affairs by a notice served under [Section 8(e)(3) or (g)(1)])] of the FDIA, 12 U.S.C. Section 1818(e)(3) and (g)(1), or pursuant to Chapter [[Unknown Identifier]] of the Revised Code of Washington (“RCW”), the Bank’s obligations to pay such benefits shall be suspended as of the date of service, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Bank may in its discretion # pay the Participant all or part of the benefits withheld while its obligations under this Agreement were suspended and # reinstate in whole or in part any of its obligations which were suspended, all in a manner that does not violate Section 409A of the Code.