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1 <br />2. Security Procedures <br />2.1. The security procedure for accessing the Service via the online and mobile channels includes an identification code and confidential <br />password, and for certain functions, the use of a Bank issued or approved security device ("Security Device"), provided that the mobile <br />channel allows for the use of a biometric identifier instead of a Security Device and identification code. The security procedure for <br />accessing the Service via the host -to- hosUfile transfer channel includes the use of a Certificate, as set forth in Section 8 below. The <br />Customer shall be bound by and adhere to the security procedures for use of the Service advised to it in writing through any medium by the <br />Bank, as may be revised from time to time upon notice to the Customer, including without limitation the procedures set forth herein. The <br />Customer shall notify the Bank immediately of loss or theft of a Security Device, any unauthorized use of a Security Device, or any other <br />breach of security, including the compromise of a Certificate (as defined below). The Bank may dishonor or disable any Security Device at <br />any time and will inform the Customer of the same. <br />The Customer agrees that any use of the Service in compliance with a Bank issued security procedure is deemed to be carried out directly <br />by and on behalf of the Customer. The Customer agrees to safeguard all Security Devices and to instruct each Authorised User, as defined <br />in Section 2.3 below, to do the same. The Customer will be responsible for ensuring that the Security Devices are known to and used only <br />by Authorised Users. <br />2.2. The Customer shall designate security administrators who shall have equal authority in accordance with the administrative control <br />procedure for each Application and /or the authority to add, update or delete security keys in connection with the host-to-host/file transfer <br />channels. The Customer agrees to notify the Bank of any change in security administrators in the manner and form designated by the <br />Bank. Any such changes shall be effective at such time as the Bank has received such notice and has had a reasonable opportunity to act <br />upon it. <br />2.3. The security administrators shall be responsible for (i) designating individuals as users ("Authorised Users"); (ii) identifying the functions of <br />the Service, including the Mobile Application (as defined below), that each user may access; (iii) requesting, creating, controlling, <br />disseminating, and/or canceling user entitlements; (iv) receiving and distributing materials, notices, documents and correspondence relating <br />to the security procedures; and (v) advising each user of his /her obligations hereunder or under any of the applicable Account <br />Documentation, as defined in Section 6 below. The security administrators shall provide to the Bank, upon the Bank's request, a list of <br />Authorised Users. In the absence of a valid designation of a security administrator at any time, the Bank may deliver Security Devices and <br />materials to any person authorized to act on behalf of the Customer with respect to the accounts. <br />3. Open Network Access; Equipment <br />THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE ". TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL <br />WARRANTIES AND REPRESENTATIONS, EXPRESS, STATUTORY OR IMPLIED, WITH REGARD TO THE SERVICE ARE HEREBY <br />DISCLAIMED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR <br />PURPOSE AND COURSE OF DEALING OR USAGE OF TRADE OR WARRANTIES OF NON - INFRINGEMENT OR WARRANTIES AS TO ANY <br />RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICE. TO THE EXTENT THAT ANY IMPLIED WARRANTIES CANNOT BE <br />DISCLAIMED UNDER APPLICABLE LAW, ANY SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE INITIAL <br />DELIVERY DATE OF THE RELEVANT SERVICE. THE BANK AND ITS THIRD PARTY DATA AND SERVICE PROVIDERS DO NOT <br />WARRANT OR GUARANTEE THE SECURITY, SEQUENCE, TIMELINESS. ACCURACY OR COMPLETENESS OF THE DATA OR THAT ANY <br />PART OF THE SERVICE WILL BE ERROR -FREE OR UNINTERRUPTED. <br />The Customer is responsible for, at its sole expense, obtaining, installing, maintaining and operating all browsers, software, hardware, <br />telecommunications equipment or other equipment (collectively, "System ") necessary for the Customer to access and use the Service in <br />accordance with the Bank's recommended system configuration, and the Bank disclaims all risks relating thereto and makes no endorsement <br />thereof, notwithstanding that the Bank may recommend certain Systems or provide a link to a third party site where the Customer may download <br />software. The Customer acknowledges that there are certain security, corruption, transmission error, and access availability risks associated with <br />using open networks such as the Internet and the Customer hereby expressly assumes such risks. The Customer further acknowledges that it <br />has made an independent assessment of the adequacy of the Internet, the System and the security procedures in connection with the use of the <br />Service. The Bank is not responsible for any errors or problems that arise from the malfunction or failure of the Systems nor is the Bank <br />responsible for notifying the Customer of any upgrades, fixes, or enhancements to, or for providing technical or other support for the System. <br />4. Instructions; Data <br />4.1. The Customer shall be solely responsible for the genuineness and accuracy, both as to content and form, of all Instructions properly <br />received by the Bank. <br />4.2. The Customer acknowledges that Data may not have been reviewed by the Bank, may be inaccurate, and may be periodically updated and <br />adjusted. The Bank is not obligated to assure the accuracy of Data and will not be liable for any loss or damage arising out of the <br />inaccuracy of Data. Further, the Bank shall have no liability for the receipt or viewing by any party of Data sent to the destinations <br />designated by the Customer, including but not limited to email addresses, fax and telephone number(s). <br />5. Customer Warranties <br />The Customer represents and warrants to the Bank that: (i) prior to submitting any document or Instruction that designates Authorised Users, the <br />Customer shall obtain from each individual referred to in such document or Instruction all necessary consents to enable the Bank to process the <br />data set out therein for the purposes of providing the Service; (ii) the Customer has accurately designated in writing or electronically the <br />geographic location of its Authorised Users and shall provide all updates to such information; and (iii) the Customer shall not access the Service <br />PN: 1125418 DOC ID: 6 Page 45 of 51 <br />