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12
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2015
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100615
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12
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10/1/2015 11:27:44 AM
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9/30/2015 11:38:12 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/6/2015
DESTRUCT DATE
15Y
DOCUMENT NO
12
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1 <br />IMF —111l'icli — <br />I III <br />Information. To fulfill the Bank's "know your customer responsibilities, the Bank will request information from the Customer from time to time <br />regarding the Customer's organization, business and, to the extent applicable, persons or entities maintaining bank accounts with the <br />Customer. The Bank may also request further information and/or documentation in connection with the provision of the Services. Any <br />information and /or documentation furnished by the Customer is the sole responsibility of the Customer and the Bank is entitled to rely on the <br />information and /or documentation without making any verification whatsoever (except for the authentication under the security procedures, as <br />applicable). The Customer represents and warrants that all such information and /or documentation is true, correct and not misleading and shall <br />advise the Bank promptly of any changes and, except as prohibited by applicable law, the Customer agrees to provide complete responses to <br />the Bank's requests within the timeframes specified. Unless prohibited by applicable law, the Customer agrees to promptly disclose to the Bank <br />activity in the Customers Accounts that is suspicious or violates applicable laws or sanctions. <br />17.14 Click -Thru. The Bank may deliver, make available and /or make accessible terms and conditions applicable to Accounts and Services to the <br />Customer via electronic means and channels (including by posting such terns on a Bank website). The Bank may request that the Customer <br />"Wick" its approval of such terns. Subject to applicable law, the Customer agrees that the act of "clicking" its approval (or any similar act which <br />has the same effect) with respect to any such terms will be evidence of Customers acceptance of the applicable terns and conditions, to the <br />same extent, and with the same force and effect, as if Customer had manually executed a written version of such terms and conditions. <br />18. Interpleader. <br />If there is a dispute regarding the ownership of or entitlement to funds held by the Bank for the account of the Customer, the Bank may apply to <br />an appropriate court for resolution of the dispute and may pay the funds into the court pending resolution. The Customer agrees to reimburse <br />the Bank for any related expenses, including its attorneys' fees and costs. <br />19. Provisional Recredit. <br />In connection with any dispute regarding an Account, the Bank may choose to credit the Account pending completion of the Bank's <br />investigation of the dispute. If the Bank determines that the Customer is not entitled to such credit, then, the Bank may reverse the provisional <br />recredit to the Account, even if that reversal results in an overdraft. <br />PN: 1125418 DOC ID: 5 Page 24 of 51 <br />
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