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09
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2016
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030116
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09
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2/25/2016 3:59:02 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/1/2016
DESTRUCT DATE
15Y
DOCUMENT NO
09
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for payment before the date of the check,we may pay it or return it unpaid.We are not liable for paying any stale or postdated check.Any <br /> damages you incur that we may be liable for are limited to actual damages not to exceed the amount of the check. <br /> PREAUTHORIZED CHECKS OR DRAFTS.You should guard information about your account(such as your routing number and your <br /> account number)as carefully as you would guard blank checks.If you voluntarily give such information about your account to a party which is <br /> seeking to sell you goods or services, without physically delivering a check to that party,any debit to or withdrawal from your account it <br /> initiates will be deemed authorized by you. <br /> VERIFYING FUNDS AVAILABILITY FOR CHECKS.You authorize us to release funds availability information about your account to <br /> individuals or merchants who represent to us that they have received a check from you. <br /> CHECK SAFEKEEPING.If you can write checks on your account and utilize a check safekeeping system or any other system offered by us <br /> for the retention of your checks,you understand that the canceled checks will be retained by us and destroyed after a reasonable time period or <br /> as required by law.Any request for a copy of any check may be subject to a fee,as indicated in the Schedule of Fees or Disclosures and as <br /> allowed by law.If for any reason we cannot provide you with a copy of a check,our liability will be limited to the lesser of the face amount of <br /> the check or the actual damages sustained by you. <br /> SUBSTITUTE CHECKS.To make check processing faster,federal law permits financial institutions to replace original checks with"substitute <br /> checks."These substitute checks are similar in size to the original items with a slightly reduced image of the front and back of the original item. <br /> The front of a substitute check states:"This is a legal copy of your check.You can use it the same way you would use the original check."You <br /> may use a substitute check as proof of payment just like the original item.Some or all of the items that you receive back from us may be <br /> substitute checks. <br /> WITHDRAWALS.Deposits will be available for withdrawal consistent with the terms of the Disclosures.Withdrawals may be subject to a <br /> service charge. <br /> DEPOSITS.Deposits may be made in person,by mail,or in another form and manner as agreed by us in our sole discretion.We are not <br /> responsible for transactions mailed until we actually receive and record them. We may in our sole discretion refuse to accept particular <br /> instruments as a deposit to your account Cash deposits are credited to your account according to this Agreement Other items you deposit are <br /> handled by us according to our usual collection practices.If an item you deposit is returned unpaid,we will debit your account for the item and <br /> adjust any interest earned.You are liable to us for the amount of any check you deposit to your account that is returned unpaid and all costs and <br /> expenses related to the collection of all or part of such amount from you. Funds deposited to your account, excluding any Time Deposit <br /> accounts,are available in accordance with the Disclosures. <br /> COLLECTION OF DEPOSITED ITEMS.In receiving items for deposit or collection,we act only as your agent and assume no responsibility <br /> beyond the exercise of ordinary care.All items are credited subject to final settlement in cash or credits.We shall have the right to forward items <br /> to correspondents including all Federal Reserve Banks,and we shall not be liable for default or neglect of said correspondents for loss in transit, <br /> nor shall any correspondent be liable except for its own negligence. You specifically authorize us or our correspondents to utilize Federal <br /> Reserve Banks to handle such items in accordance with provisions of Regulation J(12 CFR Part 210),as revised or amended from time to time <br /> by the Federal Reserve Board.In the event we are subject to local clearinghouse rules,you specifically authorize us to handle such items in <br /> accordance with the rules and regulations of the clearinghouse. <br /> If we permit you to withdraw funds from your account before final settlement has been made for any deposited item,and final settlement is not <br /> made,we have the right to charge your account or obtain a refund from you.In addition,we may charge back any deposited item at any time <br /> before final settlement for whatever reason.We shall not be liable for any damages resulting from the exercise of these rights.Except as may be <br /> attributable to our lack of good faith or failure to exercise ordinary care,we will not be liable for dishonor resulting from any reversal of credit, <br /> return of deposited items or for any damages resulting from any of those actions. <br /> REMOTELY CREATED CHECKS.A remotely created check,as defined in Regulation CC,means a check that is not created by the paying <br /> bank and that does not bear a signature applied,or purported to be applied,by the person on whose account the check is drawn.By having a <br /> deposit account with us,you certify that all remotely created checks deposited to your account(s)will be expressly and verifiably authorized by <br /> the payer.And we reserve the rights to refuse for deposit any such remotely created check if we have any reason to believe that the item is <br /> fraudulent in any manner and to obtain from you the payer's express,verifiable authorization for any such item. <br /> UNLAWFUL INTERNET GAMBLING. Restricted transactions are prohibited from being processed through your account with us as <br /> required by the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GO.A restricted transaction is a transaction or transmittal <br /> involving any credit,funds,instrument,or proceeds in connection with the participation of another person in unlawful Internet gambling. <br /> STATEMENTS.We will provide you with a periodic statement showing the account activity.The last address you supply us in writing will be <br /> deemed the proper address for mailing this statement to you.The account holder who receives this statement is the agent for his/her co-account <br /> holder(s)for purposes of receiving the statement and items. You must exercise reasonable care in reviewing your statement and reasonable <br /> promptness in notifying us of any discrepancies, such as alterations or forged or unauthorized signatures,even if by the same wrongdoer. <br /> Reasonable promptness will not exist if you fail to notify us within 14 days after we mail or otherwise make the statement available to you.If <br /> you fail to notify us of any discrepancies,with reasonable promptness,your right to assert such discrepancies will be barred or limited to the <br /> extent permitted by law. Additionally,you agree that we will not be liable for discrepancies reported to us after one year after we mail or <br /> otherwise make the statement or items available to you,even if we failed to exercise ordinary care.However,if the discrepancy is the result of <br /> an electronic fund transfer,the provisions of the Disclosures will control its resolution.If you do not receive a statement from us because you <br /> have failed to claim it or have supplied us with an incorrect address,we may stop sending your statements until you specifically make written <br /> request that we resume sending your statements and you supply us with a proper address. <br /> 02001.2014 Compliance Systems,ism 52965e3d 5007851-2014D1.0.636 <br /> Amami Apeeme t-Money MarketAmount DDS001 Pep 2ors wwersamptimmysmmemsm <br /> 111 111 <br />
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