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I pill, Will
<br />2. Deposit; Endorsement. The Bank will collect all mail delivered to the designated Post Office Box, and will open the mail, process the
<br />checks eligible for this service (the "Items ") and credit the funds to the Customer account or process for collection the Items received, except: 1)
<br />Items which the Customer has instructed the Bank in writing, and the Bank has agreed not to process; ii) Items which the Bank believes should
<br />receive the Customer's special attention; iii) Items for which the Customer is not the payee, unless the Customer has provided proper
<br />authorization to process for credit or collection of such Items; and iv) any other matter or merchandise received. The Bank will not process such
<br />excepted Items or other matters or merchandise, but will forward them to the Customer unprocessed. The Bank assumes no responsibility for
<br />the inadvertent processing of Items excepted from processing. The Bank will process credit card payments as point of sale transactions,
<br />obtaining authorization as required by applicable card rules; provided, however, the Bank will not place phone calls for authorization of referrals
<br />or process credit transactions. The Bank shall not be deemed a merchant processor and shall not be liable for any data entry errors or any
<br />chargeback. The Bank assumes no liability for any matter or merchandise received through the Post Office which is not a depositable Item,
<br />including cash. Any failure by the Bank to process an Item other than as provided herein does not constitute a failure by the Bank to exercise
<br />ordinary care. The Customer shall be liable to the Bank as a general endorser on all Items processed by the Bank.
<br />3. Differing Amounts. If the amount of an Item written in words and figures differ, the Item will be processed for amount written in words. If
<br />the Item is accompanied by an invoice or statement and the amount on the statement matches the amount written in figures, and the Customer
<br />has requested, and the Bank has agreed, to process such Item for the amount written in figures, the Item may be processed for the amount
<br />written in figures. In the event the Bank processes the Item for the amount written in figures, the Customer indemnifies the Bank for any claim
<br />which may arise from that action.
<br />4. Foreign Items. This Service is limited to Items drawn on domestic banks so to the extent the Bank notices that any Items drawn on foreign
<br />banks have been deposited, such Items shall be forwarded to Customer as unprocessable.
<br />5. Returned Items; Re- presentment. If any Item is returned to the Bank unpaid for any reason or there is a claim involving an Item
<br />deposited to the Customer Account, the Bank will charge back that Item, together with any fees or other amounts allowed on such claims or for
<br />returned Items, against the Customer Account, regardless of whether such debit causes an overdraft to the Customer Account. If, however, the
<br />Bank has been instructed in writing by the Customer to re- present Items which have been dishonored or returned to the Bank unpaid for reasons
<br />other than account closed, the Bank may do so automatically and without notice to the Customer, and the Bank reserves the same rights to debit
<br />the Customer Account should any such Items remain unpaid after the re- presentment.
<br />6. Security for Imaged Items. The Bank has specified Security Procedures for receiving and accessing Imaged Items, Imaged Documents
<br />and lockbox transaction data. The Bank is not obligated to send any Images or data or allow access through the Delivery Media to any images or
<br />data which are not requested or accessed in accordance with the Security Procedures. The Customer acknowledges that once a CD -ROM is
<br />received, or it has accessed images by any Delivery Media, persons having access to the Customer's computers and image archives may have
<br />access to the Imaged Items, Imaged Documents and lockbox transaction data.
<br />7. Image Option. If the Customer elects and this image option is available at the designated Bank processing location, the Bank will provide
<br />images of the Items ( "Imaged Items ") received together with images of related documents ( "Imaged Documents "), through the media ( "Delivery
<br />Media ") and at the intervals agreed upon between the Bank and the Customer. The Customer may receive additional service material, including
<br />user guides, software licenses and other terms in connection with the selection of this option.
<br />8. Original Documents; Image Storage. Unless the Bank has agreed otherwise, the Bank will image all Items and associated
<br />remittances and retain original documents on site for no longer than 14 days. All original documents will be destroyed 14 days after processing.
<br />If the Customer uses the Bank's Regional Retail Lockbox product, associated original documents are retained on site no longer than 7 days. The
<br />Bank will store Imaged Items for a period of seven (7) years from the date of the applicable transaction regardless of any additional imaging
<br />service requested by the Customer. If the Customer elects storage of Imaged Documents, the Bank will store Imaged Documents for a period of
<br />thirty (30) days (Short Term Storage) to ten (10) years (Long Term Storage) from the processing date of the applicable transaction., per the
<br />Customer's selection If the Customer elects to image and not store Imaged Documents with the Bank, such images will be delivered to the
<br />Customer via daily Direct Image Transmission.
<br />9. Accuracy; Legibility. The information delivered to the Customer through the Delivery Media will be the same as the information in the data
<br />entry file provided to the Customer for the applicable time period. If the data entry file contains errors, those errors will also occur on the Delivery
<br />Media. The Bank will provide images that are as legible as possible given the legibility of the underlying remittance documents and the selected
<br />Delivery Media. The Bank has no liability or responsibility for the condition of the original remittance items provided to the Bank, and it reserves
<br />the right to review and approve sample remittance items for legibility prior to providing this service. The Customer is responsible for reviewing
<br />images obtained through the Delivery Media and to promptly notify the Bank of any images that are not clear.
<br />10. Disclosures. As between the Customer and the Customer's clients, if applicable, certain payments collected hereunder may be subject to
<br />various cut -off times and payment deadlines (the "Disclosures "). The Customer acknowledges and agrees that the Bank has no duty to inquire
<br />as to the content of any such Disclosures, is not bound by them, and makes no representations or warranties, explicitly or implicitly, regarding
<br />same. The Customer is responsible for ensuring that the processing and payment cut -off times established by the Bank are in compliance with
<br />the Disclosures and Customer's responsibilities under applicable laws and regulations. The Customer further acknowledges and agrees that the
<br />data processed by the Bank belongs to the Customer or the Customer's clients.
<br />PN: 1298505 DOC ID: 3 55E -328 Page 21 of 39
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