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<br />3.12 Night Depository Deposits. The Bank is not liable for any deposit made through the use of the Bank's night depositories until the Bank issues a
<br />deposit ticket or other receipt acknowledging the deposit. The Bank's count of the amount deposited in a night depository will be conclusive.
<br />The Customer is solely responsible for any loss incurred from the disappearance, theft, or loss of any envelope, bag, or money before the Bank
<br />verifies the contents of the deposit.
<br />3.13 Remotely Created Checks. If the Customer deposits a remotely created check ( "RCC "), as such term is defined in Federal Reserve Regulation
<br />CC, the Customer warrants to the Bank, with respect to each RCC, that the person on whose account the RCC is drawn, authorized the
<br />issuance of such RCC in the amount and to the payee stated on the RCC. The Customer authorizes the Bank to debit the Customer's account
<br />for any claim or return based upon an unauthorized RCC and the Customer agrees to indemnify and hold the Bank harmless from and against
<br />any claims, liabilities, costs and expenses (including attorneys' fees) resulting directly or indirectly from any breach of the foregoing warranty. All
<br />other Account and Service Terms governing an Item will apply to an RCC.
<br />3.14 ATM Cards. The Bank may issue one or more automated teller machine ( "ATM ") cards ( "Cards ") and personally identifiable numbers ( "PINs ") to
<br />Customer's employees or agents for use in initiating certain Account transactions at Bank owned ATMs. Unless otherwise agreed by Bank,
<br />Customer agrees to use and cause its employees and agents to use the Cards only at ATMs owned by the Bank and Customer shall be
<br />responsible for each Card and liable for any transactions and related fees initiated or charged upon using such Card. The Customer agrees
<br />that the types of transactions offered through the use of any Card may be limited by the Bank, in its sole discretion. The Bank has the right to
<br />cancel any Card at any time and for any reason, and will notify Customer of such cancellation. All ATM transactions are subject to verification.
<br />Any deposit transaction through an ATM that is not made on a business day or made after the Bank's designated cut -off time will be processed
<br />on the Bank's next business day. The Customer agrees to obtain possession and return to the Bank or destroy all cancelled Cards. If the
<br />Customer believes a Card or PIN has been lost or stolen, the Customer shall immediately contact the Bank's ATM call center.
<br />3.15 Internet Gambling. The Bank strictly prohibits the use of any Account or Card to conduct transactions (including the acceptance or receipt of
<br />credit or other receipt of funds through an electronic funds transfer, or by check, draft or similar instrument, or the proceeds of any of the
<br />foregoing) that are related, directly or indirectly, to unlawful Internet gambling. The term "unlawful Internet gambling," as used in this section,
<br />shall have its meaning set forth in 12 C.F.R. Section Part 233, Section 233.2(bb). The Customer agrees not to conduct any transactions through
<br />the Account that directly or indirectly involve or are related to unlawful Internet gambling, including the acceptance or receipt of any funds or
<br />deposits in connection therewith.
<br />Section 4 of the Global Account Terms (Payment of Items) is hereby supplemented with the following provisions:
<br />4.5 Cashing Items. The Bank may, in its discretion, cash Items drawn on an Account when presented by the holder. If a payee who is not a
<br />deposit customer of the Bank presents an Item drawn on the Account for cash, the Bank may refuse to cash the Item, or may charge the payee
<br />a fee if the Bank does cash the Item.
<br />4.6 Signatures. Requirements for two or more signatures on Items drawn on the Account or limits on the amount for which any an Item can be
<br />drawn are solely for the Customer's own internal control purposes and the Bank will not be liable for paying any Item (i) lacking the required
<br />number of signatures, or (II) drawn in an amount exceeding the maximum limit assigned to the signer, provided the Bank followed its customary
<br />procedures when paying the Items.
<br />4.7 Fraudulent Items. The Bank offers the Customer Services reasonably designed to detect and /or deter check fraud and reduce the likelihood
<br />that a fraudulent, unauthorized, counterfeit or altered Item will be paid. Customer agrees that if it fails to use such Services, that failure will
<br />constitute Customer negligence contributing to the making of an unauthorized signature or payment of an altered Item, and the Customer will
<br />assume the risk that Items presented for payment against its Account may be forged or altered. In that event, Customer will be precluded from
<br />asserting any claims against the Bank for paying any unauthorized, altered, counterfeit or other fraudulent Items that such Service was
<br />designed to detect or deter, and the Bank shall not be required to re- credit Customer's Account or otherwise have any liability for paying such
<br />Items to the extent the Service would likely have prevented such loss. In the event the Bank receives or is presented with Items which appear
<br />to be duplicates of each other, the Bank may return one or more of such items.
<br />4.8 Obscured Endorsements. The Customer assumes all responsibility and liability for any claims or losses that the Customer or the Bank may
<br />suffer as a result of the Customer's: (1) issuance of an Item in such a manner that information, marks or bands on the back of the Item obscures
<br />endorsements; or (H) placement of an endorsement on the back of the Item which obscures other endorsements; and which thereby causes a
<br />delay in the forward and /or return processing of the Item. The Bank retains the right to refuse to accept an Item for deposit if the back of the
<br />Item is obscured.
<br />4.9 Negotiation Outside of U.S. If an Item issued by the Customer is transferred or negotiated outside of the U.S. and is subsequently sent to the
<br />Bank for deposit, collection or payment in the U.S., the Customer shall be deemed to make, to the Bank, the transfer and presentment
<br />warranties under the UCC, as if such Item were negotiated or otherwise transferred in the U.S.
<br />4.10 Stop Payments. A stop payment Instruction from the Customer will be effective on an Item it (i) the Bank receives the stop payment Instruction
<br />with a reasonable opportunity to act on such Instruction, which shall be at least one (1) full Business Day following the Business Day of the
<br />Bank's confirmed receipt of the Instructions at the applicable Bank location; (li) the Instruction is in the forth required by the Bank and the
<br />information is complete; and (iii) the Item is not yet paid or cashed. For purposes of this Section, "Business Day" means a day on which the
<br />Bank is generally open for business in the jurisdiction where the Account is maintained. Stop payment Instructions on Items, unless otherwise
<br />provided, will be valid for one (1) year and will automatically renew up to six (6) additional years unless the Bank confirms receipt of the
<br />Customer's revocation of a stop payment Instruction. The Customer may request, through the Bank's call center or other authorized
<br />PN: 1125418 DOC ID: 4
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