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1 <br />Account until appropriate contact is made between the Customer and the Bank. <br />7.5 Advice Services. The Customer may subscribe to Bank services for the delivery of account- related activity and information ( "Advices "), to a <br />party designated by the Customer, including information relating to credits and debits to a Customer account, and the return or rejection of <br />certain payments. Advices may be sent via SWIFT, electronic mail, facsimile transmission, ordinary mail, phone, through internet sites, or as <br />otherwise agreed upon by the parties. The Customer is responsible for maintaining the accuracy of the information that is required to deliver <br />such Advices including the address, telephone and /or facsimile number of the recipient and, if applicable, the messaging components and <br />conditions that will trigger the transmission of the Advices. <br />Section 15 of the Global Account Terms (Account Disclosures) is hereby supplemented with the following provisions: <br />15.5 Withdrawal Limitations on Certain Account Types. U.S. federal regulations limit the number of pre- authorized or automatic transfers or <br />withdrawals or telephonic/electronic instructions (including check, draft, debit card or similar order payable to third parties) that can be made <br />from a savings account (including a savings sub - account (as described below) and a money market deposit account) to a total of six (6) per <br />calendar month or statement cycle or similar period. The Customer agrees to comply at all times with such restrictions. Exceeding these <br />withdrawal limits may result in the Bank converting the savings account into a non - interest bearing demand deposit account, with any attendant <br />changes in pricing and account terms and conditions. Further, the Bank is required by U.S. law to reserve the right to require at least seven (7) <br />days notice prior to a withdrawal from a savings account (including a savings sub - account) or an interest - bearing negotiable order of withdrawal <br />account ( "NOW Account "). <br />15.6 NOW Accounts. The Customer, if eligible, may open a NOW Account. There is no limit on the number of withdrawals that the Customer may <br />make from the demand deposit or NOW sub - account. <br />15.7 Administrative Subaccounts. The Bank is authorized, for regulatory reporting and internal accounting purposes, to divide an Account: (i) in the <br />case of a demand deposit checking Account, into a non - interest bearing demand deposit sub - account and a non - interest bearing savings sub - <br />account; (ii) in the case of a NOW Account, into an interest bearing NOW sub - account and an interest bearing savings sub - account, and, in <br />both cases, to transfer funds on a daily basis between these sub - accounts in accordance with U.S. law at no cost to the Customer. The Bank <br />will record the sub-accounts and any transfers between them on the Bank's books and records only. The sub - accounts and any transfers <br />between them will not affect the Account number. balance requirement or use of the Account, except as described herein. <br />15.8 Savings Subaccounts. The Bank will establish a target balance for the Customer's demand deposit or NOW sub - account, which it may change <br />at any time. To the extent funds in the demand deposit or NOW sub - account exceed the target balance, the excess will be transferred to the <br />Customer's savings sub - account, unless the maximum number of transfers from the savings sub - account for that calendar month or statement <br />cycle have already occurred. If withdrawals from the demand deposit or NOW sub - account exceeds the available balance in the demand <br />deposit or NOW sub - account, funds from the Customer's savings sub - account will be transferred to the demand deposit or NOW sub - account <br />up to the entire balance of available funds in the savings sub - account to cover the shortfall and to replenish any target balance that the Bank <br />has established for the demand deposit or NOW sub - account. If a sixth transfer is needed during a calendar month or statement cycle, it will <br />be for the entire balance in the Customer's savings sub - account, and such funds will remain in the demand deposit or NOW sub - account for <br />the remainder of the calendar month or statement cycle. <br />15.9 Branch Designation. The Bank, for its administrative purposes may designate a branch of the Bank as the branch of record of an Account <br />which may be different from the branch at which the Account is opened. This designation requires no action on the part of the Customer and <br />will not change the Bank's operations, Services or customer support. <br />15.10 No Fiduciary Relationship. Bank's relationship with Customer concerning the Accounts is that of a debtor and creditor. No fiduciary, quasi - <br />fiduciary or other special relationship exists between Bank and Customer or any third parties regarding the Accounts. <br />Section 16 of the Global Account Terms (Governing Law) is hereby supplemented with the following provisions: <br />16.1 Section 16.1 is replaced with the following provision: Subject to the UCC as modified by the Rules & Regulations, which shall control, and <br />unless otherwise specifically provided in any Service Terms, the Global Account Terms, the Account Documentation, Service Terms and the <br />rights and obligations of the Customer and the Bank in respect of each Account maintained in the U.S. shall be governed by and construed in <br />accordance with the laws of the State of New York (without regard to its conflict of laws rules), incorporating general commercial bank practices <br />applicable to the type of Account and Services provided to the Customer. The rights and remedies of the Bank under this Addendum, the <br />Account Terms, the Account Documentation, the Service Terms, and any other agreement by the Customer in favor of the Bank are in addition <br />to the rights and remedies of the Bank under applicable law (as provided above in this Section), are cumulative and may be exercised <br />successively or concurrently, and are retained by the Bank. <br />16.4 In the event the Bank is required to remit funds to any state as abandoned property, the Account may be charged for fees in remitting funds to <br />that state. In addition, the Bank may charge fees in connection with its handling of dormant funds and accounts. These charges are not <br />refundable. <br />Section 17 of the Global Account Terms (Miscellaneous) is hereby supplemented with the following provision: <br />17.15 Payable Through Accounts. If the Customer is a bank or financial institution and is not organized under the laws of the U.S., it shall not permit <br />PN: 1125418 DOC ID: 4 <br />Page 14 of 51 <br />