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IIIIV�Ci�!�l'�II
<br />3. Deposits.
<br />3.1 All Items deposited or cashed are received for collection only, and are received subject to final payment. The Bank may return or refuse
<br />to accept all or any part of a deposit or credit to an Account at any time and will not be liable to Customer for doing so even if such
<br />action causes outstanding Items to be dishonored and returned. Returned or refused deposits (or the legal equivalent of the deposited
<br />Item) will be returned to Customer. The Bank may agree with other banks and clearing houses to vary procedures regarding the
<br />collection or return of Items, and deadlines to the extent permitted by applicable law or practice. The Bank chooses the method of
<br />collecting Items and may use other banks in the process. The Bank will present Items in accordance with the custom and practice of the
<br />jurisdiction in which the Items are collected. The Bank is not responsible for actions taken by other banks, nor for the loss or destruction
<br />of any Item in the possession of other banks or in transit. The Customer agrees to use reasonable efforts to assist the Bank in locating
<br />or obtaining replacements of Items lost while in the Bank's possession.
<br />3.2 Credits and deposits to an Account will be available in accordance with the Bank's availability policy and in accordance with applicable
<br />laws. If the Bank credits an Account: (i) in contemplation of receiving funds for the Customer's credit and those funds are not actually
<br />received by the Bank, or (ii) in reliance on a transaction which is subsequently returned, reversed, set aside or revoked, or if the Bank
<br />does not receive funds for the Customer's credk for value on the date advised by or on behalf of the Customer, or if final settlement is
<br />not received by the Bank for any reason, then the Bank shall be entitled to debit any Account of the Customer with the amount
<br />previously credited and /or with any other charges incurred, even if doing so creates or increases an overdraft.
<br />3.3 If the Customer sends an Item to the Bank on a collection basis, the Bank may defer credit or payment fora reasonable time, in
<br />accordance with its practices, without dishonor; and the Bank shall not be obligated thereon until it has remitted final payment.
<br />The fo/ /owing provisions in this section 3 app /y to Accounts to the United States, and to Services provided in connection with such
<br />Accounts.
<br />3.4 The Bank may provide or make available upon request a receipt or similar document for certain deposits to your Account. However, the
<br />amount on such receipt or similar document is based solely on the deposit ticket. Credits for all deposits whether or not accompanied
<br />by a deposit ticket, including bulk deposits, are subject to verification. The Bank reserves the right to make adjustments to the Account
<br />for any errors, including any errors appearing on the deposit ticket, occurring during processing or otherwise, but the Bank has no
<br />obligation to do so for de minimis discrepancies.
<br />3.5 The Bank may accept Items drawn on a non -U.S. bank or Items payable in a foreign currency on a collection basis, not for deposit, even
<br />if the Bank has taken possession of the Items as part of a deposit. Therefore, the Customer may not receive provisional credit for such
<br />Items, or if provisional credit has been given the Bank may revoke it. The actual credit for Items payable in a foreign currency will be at
<br />the Bank's exchange rate, for the Account credited, in effect at the time of final collection in U.S. dollars.
<br />3.6 The Customer must place its endorsement on the back of a check only in the area within 1.5 inches from the trailing edge of the check.
<br />The trailing edge of the check is defined as the left side of the check looking at it from the front. If the Customer is authorized in writing
<br />to endorse checks on the Bank's behalf, the Customer agrees to comply with the endorsement standards of the Bank and of Appendix D
<br />of Regulation CC of the Federal Reserve System (available through the Customer's Bank representative).
<br />3.7 If the Customer pre- encodes Items, the Customer should not use carrier documents (Items placed inside envelopes) in either high-
<br />speed forward or return cash letters. If the Customer does send carrier documents in either high -speed forward or return cash letters,
<br />the Customer shall be solely responsible for any losses or claims related to doing so, including, without limitation, errors in the amount of
<br />the Item, delays in processing or claims based upon poor image quality, and shall indemnify and hold the Bank harmless from and
<br />against any and all claims resulting directly or indirectly from processing the carrier documents.
<br />3.8 If the payor bank, drawer or payee on any Item returns the Item to the Bank or makes a claim against the Bank based on an asserted
<br />unauthorized signature or endorsement or an asserted alteration, the Bank may accept that return or pay that claim and charge the
<br />Customer's Account for all or any part of the amount of the Item, even if the claim is made after the payor bank's return deadline. If the
<br />Customer deposits or cashes an Item drawn on the Bank and the Item or any endorsement is asserted to be forged, unauthorized or
<br />altered, the Bank may charge back all or any part of the amount of the Item, even if the charge back is made after the Bank's midnight
<br />deadline.
<br />3.9 The Customer agrees that the Bank may collect any deposited Item by electronic means. The Customer will not deposit any substitute
<br />checks (that are not returned Items) unless the Bank specifically agrees to accept such deposit. In the event the Bank processes any
<br />substitute checks for deposit, without a specific agreement, the Customer agrees that the processing of it shall not be deemed to be the
<br />Bank's agreement to accept any substitute checks for deposit and that the Customer will be solely responsible for any loss or liability in
<br />connection with the deposit.
<br />3.1 O If the Customer uses any of the Bank's night depositories, the Customer does so solely at its own risk. The Bank is not liable for any
<br />deposit in the night depository until the Bank issues the Customer a deposit ticket or other receipt acknowledging the deposit. Any Bank
<br />employee may open and count the money deposited in any night depository, and that employee's determination of the amount of money
<br />will be conclusive. The Customer is solely responsible for any loss incurred from the disappearance, theft, or loss of any envelope, bag,
<br />or money before the Bank verifies the contents of the deposit.
<br />3.11 If the Customer deposits a remotely created check ( "RCC "), as such term is defined in Section 229.2 (fff) of 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
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