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'I <br />Deposits. <br />3 t All Items deposited or cashed are received for collection only, and are ter:eVved subject to final payment. The Bank may return or refuse <br />to accept all or any part of a deposit or credit.. to an Account at any time and will not be liable to Customer for doing so even if such <br />action causes outstanding Items to be dishonored and returned. Returned or refused deposits (or the legal equivalent of the deposited) <br />ltemM will be returned to Customer. The Bank may agree with other banks and clearing houses to vary procedures regarding the <br />collection or return of Stems„ and deadlines to the extent permitted by applicable law or practice. The Bank chooses the method of <br />collecting Items and may use other banks in the process, The Bank will present Items In accordance with the cnrstoni and practice of the <br />turisdichon in which the Items are collected. The Bank is not responsible for actions taken by other banks, nom for the loss or destruction <br />of any Item in the possessions of other banks or in transit The Customer agrees to use reasonable efforts to assist the Bank in locating <br />or obtaining replacements of Items lost white in the Bank's possession. <br />3.2 Credits and deposits to an Account will be availabie in accordance with the Bank's availability policy and in accordance with applicable <br />laws- If the Bank credits an Account (r) in contemplation of receiving funds for tire Customer's credit and those funds are not actually <br />received by the Bank, or (ti) in reliance on a transaction which Is subsequently returned reversed set aside or revoked, or if the Bank <br />does not receive funds for the Customer's credit for value on the date advised by or on behalf of the Customer, or if fiinal settlement is <br />not received Iby the Bank for any reason, then the Bank shall be entitled to debit any Account of the Customer with the amount <br />previously credited andt'or with any other charges incurred., even if doing 5o creates or increases an overdraft <br />3 3 If the Customer sends an Item to the Bank on a collection basis., the Bank may defer credit or payment for a reasonable time, in <br />accordance whin its practices, without dishonor, and the Bank shall not be obligated thereon until it has remifted final payment. <br />The fofieweng provisions in this section 3 apply to Accounts to the United States, and to, Services provided In connection with such <br />Accounts. <br />p,d The Bank fray provide or make available upon request a receipt or similar document for certain deposits to your Account, However, the <br />amount on such receipt or similar document is based satiety on the deposit ticket. Credits for all deposits whether or not accompanied <br />by a deposit ticket, including bulk deposits, are subject to verification. The Bank reserves the right to make adjustments to the Account <br />for any errors, including any errors appearing on the deposit ticket, occurring during processing or otherwise, but the Bank has no, <br />obligation to do so for de minmis discrepancies. <br />3 The Bank may accept Items drawn on a non-U.S. bank or Items payable in a foreign currency on a collection basis, not for deposit, even <br />if the Bank has taken possession of the Items as part of a deposit. Therefore, the Customer may not receive provisional credit for such <br />Items, or 4 provisional credit has been given the Bank may revoke It. The actual credit for Items payable in a foreign currency will be at <br />the Bank's exchange rate, for the Account credited, in effect at the time of final collection in U.S. dollars. <br />3_F The Customer must place Its endorsement on the back of a check only in the area within 1.5 inches front the trailing edge of the check, <br />The trailing edge of the check is defined as the left side of the check looking at it from the front. If the Customer is authorized In writing <br />to endorse checks on the Bank's behalf, the Customer agrees to comply with the endorsement standards of the Bank and of Appendix D <br />of Regulation CC of the Federal Reserve System favaidablie through the Customer's Bank repmesentattve). <br />:1.7 If the Customer pre - encodes Items, the Customer should not use barrier documents (items placed inside envelopes) tin either high- <br />speed forward or return cash letters. If the Customer does send carrier documents in either high -speed forward or return cash letters, <br />the Customer shall be saledy responsible for any losses or claims related to doing so, including, without limitation errors in the amount of <br />the ftern, delays in processing or claims based upon poor image quality, and shall indemnify and had the Bank harmless from and <br />against any and all claims resulting directly or indiredly from processing the carrier docun'ients- <br />,330 If the payer bank, drawer or payee on any Item returns the Item to the Bank or makes a claim against the Bank based on an asserted <br />unauthorized signature or endorsement or an asserted ateratlon, the Bank may accept that return or pay that ciaim and charge the <br />Custarites Account for all or any paid of the amount of the Item, even if the claim is made after the payer bank's return deadline.. If the <br />Customer deposits or cashes an Item drawn on the Bank and the Item or any endorsement is asserted to be forged, unauthorized or <br />altered, the Bank may charge back all or any part of the amount of the item, even if the charge back Is made after the Bank's midnight <br />deadline. <br />3.9 The Customer agrees that the Bank may collect any deposited Item by electronic means. The Customer will not deposit any substitute <br />chiecks (that are not returned Items) unless the Bank specifically agrees to accept such deposit. In the event the Bank processes any <br />substitute checks for deposit, without a specific agreement, the Customer agrees that the processing of it shall riot be deemed to be the <br />Bank's agreement to accept any substlute checks for deposit arid that time Customer' will be solely responsible for any loss or liability in <br />connection with the deposit. <br />3. td If the Customer uses any of the Bank's night depositories, the Customer does so solely at its own risk. The Bank is not liable for any <br />deposit in the night depository until the Bank issues the. Customer a deposit ticked or other' receipt acknowledging the deposit. Any Bank <br />employee may open and count the money deposited in any night depository, and that employees determination of Vie amount of money <br />will Itre conclusive. The Customer is solely responsible for any loss incurred from the disappearance, duet, or loss of aoy envelope, bag, <br />or money before the Bank verifies the contents of the deposit. <br /><,t t If the Customer deposits a remotely created check ( "RGC "), as soon term is defined in Section 226.2(ffo of Federal Reserve Regulation <br />CC, the Customer warrants to the Bank., with respect to each RCC, that the person an whose account the RCC is drawn authorized the <br />55A -120 <br />PN :350914 DOC'TI): 2 Page 10 of 51 <br />