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suspending or terminating AGENCY's access to the Services. AGENCY acknowledges and expressly <br /> authorizes FORTE,in compliance with Payment Network Rules,to provide to the Payment Networks <br /> and applicable regulatory bodies,AGENCY's name and contact information as well as Transaction <br /> details should AGENCY's chargeback ratio exceed the allowable limits in any given period. <br /> 6.13 Resubmitting Transactions. AGENCY shall not re-submit any Transaction unless it is returned <br /> as (1)insufficient ftinds(RO1)or(ii)uncollected funds(R09)or unless a new Authorization is obtained <br /> from Constituent. <br /> 6.14 Settlement. Settlement of AGENCY's funds for Transactions,less any Chargebacks or Returns, <br /> to AGENCY's designated Settlement Account will occur within seventy-two(72)hours of origination <br /> excluding weekends and US federal banking holidays. Settlement of Transactions will occur via <br /> electronic funds transfer over the ACH Network. Upon receipt of AGENCY's sales data for card <br /> Transactions through FORTE's Services,Acquirer will process AGENCY's sales data to facilitate the <br /> funds transfer between the various Payment Networks and AGENCY. After Acquirer receives credit for <br /> such sales data,Acquirer will fund AGENCY,either directly to the AGENCY-Owned Designated <br /> Account or through FORTE to an account designated by FORTE(the'TORTE Designated Account"),at <br /> Acquirer's sole option,for such card Transactions. AGENCY agrees that the deposit of funds to the <br /> FORTE Designated Account shall discharge Acquirer of its settlement obligation to AGENCY and any <br /> dispute regarding the receipt or amount of settlement shall be between FORTE and AGENCY. Acquirer <br /> will debit the FORTE Designated Account for funds owed to Acquirer as a result of the Services <br /> provided hereunder unless an AGENCY-owned account is otherwise designated by AGENCY. Further, <br /> if a cardholder disputes a Transaction,if a Transaction is charged back for any reason, or if FORTE or <br /> Acquirer reasonably believes a Transaction is unauthorized or otherwise unacceptable, the amount of <br /> such Transaction may be charged back and debited from AGENCY if settled to an AGENCY-owned <br /> account or debited from the FORTE Designated Account if settled to that account. <br /> 6.15 Provisional and Final Payment. AGENCY, AGENCY's third party senders(if applicable), <br /> and/or AGENCY's Agent(s)understand and agree that Debit or Credit Entries may be transmitted <br /> through the ACH Network,that payment of a Debit or Credit Entry by the RDFI to the Receiver is <br /> provisional until receipt by the RDFI of final settlement for such Debit or Credit Entry,and,if such <br /> settlement is not received,the RDFI will be entitled to a refund from the Receiver of the amount credited <br /> and AGENCY will not be deemed to have paid the Receiver the amount of the Debit or Credit Entry. <br /> The rights and obligations of AGENCY concerning the Debit or Credit Entry are governed by and <br /> construed in accordance with the laws of the state in which the processing ODFI is located unless <br /> AGENCY and FORTE have agreed that the laws of another jurisdiction govern the rights and <br /> obligations. <br /> 6.16 Reporting. FORTE will make daily origination and deposit reports available to AGENCY on a <br /> 2417 basis through the Internet-based FORTE platform. <br /> 6.17 Temporary Suspension of Services. Should any of the following occur: (1)FORTE observes <br /> irregular, suspicious or possible fraudulent Transaction activity on AGENCY's account; (ii)FORTE <br /> determines there is an irregularity in AGENCY's account,documentation,processes or financial <br /> condition that is inconsistent with FORTE's risk requirements; (111)AGENCY is in material breach of its <br /> payment or other financial obligations to FORTE; or(iv)FORTE is required by Laws,Rules or a <br /> Payment Network,FORTE reserves the right to temporarily suspend Services to AGENCY without prior <br /> written notice. In the event FORTE suspends Services to AGENCY under the terms of this Section, <br /> FORTE will provide AGENCY with notice of the suspension and the reason for such suspension,along <br /> with remediation actions so long as communicating such would not create a security risk or violate any <br /> legal obligation of FORTE. <br /> 6.18 Authorization. AGENCY specifically authorizes FORTE to(1)to debit and credit AGENCY's <br /> designated bank account in order to carry out its duties under this Agreement and(ii)debit its designated <br /> bank account and any account owned by the same entity as AGENCY or by an entity with the same tax <br /> identification number as AGENCY to collect any payment obligation owed to FORTE by AGENCY <br /> hereunder. Further,AGENCY authorizes FORTE to act as its agent for receipt of settlement funds in <br /> 25.06.01 <br /> Page 5 <br /> CS01165915.0 03-19-26 <br />