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DocuSign Envelope ID: 7749OF52-CF5B-4826-AB2C-2C89947ECO63 <br />(3) The Transaction was traudulent; <br />(4) The Customer disputes the Card sale or the signature on the sale documentation, or claims that the sale is subject to a set-off, <br />defense or counterclahn; or <br />(5) The Customer refuses to make payment for at Card sale because in the Customer's good faith opinion, a claim or complaint <br />has not been resolved, or has been resolved by you but in an unsatisfactory manner. <br />4. Data Security and 114vaaev <br />• By signing below, you represent to us that you do not have access to any Card Information (such as the Customer's primary <br />account number, expiration date, security code or personal identification number) and you will not request access to such Card <br />Information from Invoice Cloud, Inc.. In the event that you do happen to receive Card Information in connection with the <br />processing services provided by Invoice Cloud, Inc. or Paymentech under these guidelines, you agree that you will ,not use it for <br />any fraudulent purpose or in violation of any Payment Brands or applicable law and you will comply with all applicable Payment <br />Brand Rules and Security Standards. If at any time you believe that Card Information has been compromised, you must notify us <br />promptly and assist in providing notification to the proper parties. You must ensure your compliance with all Security Standards <br />that are applicable to you and which may be published from time to time by the Payment Brands. If any Payment Brand requires <br />au audit of you due to a data security compromise event or suspected event, you agree to cooperate with such audit. You may not <br />use any Card Information other than for the sole purpose of completing the Transaction authorized by the Customer for which the <br />information was provided to you, or as specifically allowed by Payment 'Brand. Rules, or required by law. In the event of your <br />failure, including bankruptcy, insolvency or other suspension of business operations, you shall not sell, transfer or disclose any <br />materials that contain Transaction information or Card bnfornation to third parties. <br />S. Fuudilm, Schedule <br />• In order to receive funds from Paymentech, you must maintain one or more 'bank accounts) at a bank that is a member of the <br />Automated Clearing House ("ACH") system and the Federal Reserve wire system (the "Bank Account"), You must designate at <br />least one Bank Account for the deposit and settlement of funds and the debit of any fees and costs associated with Paymentech's <br />processing of the Transactions (all such designated Bank Accounts shall be collectively referred to herein as the "Sottlemert <br />Account"). You authorize Paymentech to initiate electronic credit and debit entries and adjustments to your Settlement Account <br />in accordance with this Section 5. We will not be liable for any delays in receipt of funds or errors in Settlement Account entries <br />caused by third parties, including but not limited to delays or errors by the Payment Brands or your bank. <br />• Unless otherwise agreed to by the parties, the proceeds payable to the Settlement Account shall be equal to the amounts received <br />by us in respect of your Card transactions less all Chargebacks, Customer refunds and othe applicable charges. Such amounts <br />will be paid into the Settlement Account promptly following our receipt of the funds. If the proceeds payable to the Settlement <br />Account do not represent sufficient credits, or the Settlement Account does not have a sufficient balance to pay amounts due from <br />you under these guidelines, we may pursue one ar more of the following options: (i) demand and receive immediate payment for <br />such amounts; (ii) debit a Bank Account for the amount of the negative balance; (iii) withhold settlement: payments to the <br />Settlement Account until all amounts are paid, (iv) delay presentation of reftmds until a payment is made to us of a sufficient <br />amount to cover the negative balance; and (v) pursue any remedies we may have at law or in equity_ <br />• Unless and until we receive written instructions from you to the conney, all amounts payable by Paymentech to you will be <br />deposited in tine Settlement Account designated and authorized by you as set forth below: <br />Name of Bank: J.P. Morgan <br />ABA No.: 322271627 <br />Account No.: 935309500 <br />Account Name: City of Santa Ana <br />Reference: <br />Merchant Narne: City of Santa Ana Rev OI/14 <br />Page 2 of 3 _ _ Paymentech Contract No. 063.57(; <br />