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1111V�6�h��illlll issuance of such RCC in the amount and to the payee stated on the RCC. An RCC includes an RCC that has been reconverted to a substitute check. The Customer authorizes the Bank to debit the Customer's account for any claim or return based upon an unauthorized RCC and the Customer agrees to indemnify and hold the Bank and its agents, employees, officers and directors, harmless from and against any and all claims, damages, demands, judgments, liabilities, costs and expenses (including attorneys' fees) resulting directly or indirectly from any breach of the foregoing warranty. All other terms, rules and regulations governing a check will apply to an RCC. 3.12 The Bank may allow certain transactions using a Bank owned automated teller machine ( "ATM ") in connection with Accounts by issuing one or more commercial ATM cards and personally identifiable numbers or PINS ( "Card(s) ") to Customer's employees or agents. Customer agrees to use and cause its employees and agents to use the Cards only at ATMs owned by the Bank and Customer shall be responsible and liable for each Card and any transactions initiated using such Card. The Customer agrees that the types of transactions offered through the use of the Card may be limited by the Bank in the Bank's sole discretion The Bank has the right to cancel any Card at any time and for any reason, and will notify Customer of such cancellation. In no event shall the Bank be responsible for the security of the Cards. All ATM transactions are subject to veri£ cation. Any transaction not made on a business day or made after the Bank's designated cut -off time will be processed on the Bank's neM business day. The Customer agrees to obtain possession and return to the Bank or destroy all cancelled Cards. If the Customer believes a Card or PIN has been lost or stolen, the Customer should immediately contact the Bank's ATM call center. 4. Payment of Items. 4.1 The Bank is authorized to pay any Item drawn on the Account, in accordance with the Bank's usual procedures, including, without limitation, any item that purports to be a substitute check. The Bank is authorized to debit the Account on which the Item is drawn on the day the Item is presented, certified or accepted, or at such earlier time that the Bank receives notice by electronic or other means that an Item drawn on an Account has been deposited for collection. The Bank may determine Account balances in order to decide whether to dishonor an Item for insufficient funds at any time between receiving such presentment or notice and the time of the return of the Item, and need make no more than one such determination. 4.2 The Bank is authorized to pay all Items presented to it or cashed at the Bank, regardless of amount and without inquiry as to the circumstances of issue, negotiation or endorsement or as to the disposition of proceeds, even if drawn, endorsed or payable to cash, bearer or the order of the signer or any Authorized Person or to a lender in payment of that individual's obligations. 4.3 The Customer shall immediately notify the Bank if it becomes aware that any Items (whether completed or blank) are lost or stolen. The Customer shall not use its Account to allow any third party to issue checks or otherwise use the Account unless specifically agreed to in writing by the Bank. The Customer shall not issue Items that are post- dated, and the Bank shall not be liable for any damages caused by premature payment or certification of a post -dated Item. Further, the Customer shall not put any condition, restriction or legend on any Item, and the Bank is not required to comply with any such condition, restriction or legend. 4.4 The Bank may process any Item by electronic means. All Items the Customer draws against any Account must comply with the Bank's check specifications and image standards, published from time to time, and industry standards. The Bank may refuse to process any Item that is presented to it in a form that cannot be imaged or processed through its normal systems. The Bank shall not be liable for damages or losses due to any refusal to process or delay or failure in procuring, collecting or paying Items not conforming to such specifications or standards, except to the extent such losses or damages are the result of the Bank's gross negligence or willful misconduct. The fo/ /owing provisions in this secfion 4 app /y to Accounts in the United States, and to Services provided in connection with such Accounfs. 4.5 The Bank may, in its discretion, cash Items drawn on its Account when presented by the holder. If a payee who is not the Bank's deposit account customer presents an Item drawn on the Account for cash, the Bank may refuse to cash the Item or may charge the payee a fee for cashing the Item. 4.6 If the Customer establishes an Account which purports to: (i) require two or more signatures on any Items drawn on the Account; or (ii) limits the maximum amount for which any person can sign an Item, the Customer acknowledges and agrees that any such requirement is solely for the Customer's own internal control purposes. The Customer agrees that as long as the Bank follows its usual and customary procedures for processing and paying Items, the Bank will not be liable for paying any Item (a) lacking the required number of signatures, or (b) in an amount exceeding the maximum limit assigned to the signer. 4.7 The Bank offers the Customer services reasonably designed to help prevent check fraud and if the Customer fails to utilize those services, that failure will constitute Customer negligence contributing to the making of an unauthorized signature and the Customer will assume the risk that checks or drafts presented against its Account may be forged or altered, to the eMent that the services the Bank offered may have prevented any loss. In the event the Bank receives or is presented with Items which appear to be duplicates of each other, then the Bank may return one or more of such Items. 4.8 The Customer assumes all responsibility and liability for any claim or loss that the Customer or the Bank may suffer as a result of the Customer's: (i) issuance of a check in such a manner that information, marks or bands on the back of the check obscures endorsements; or (ii) placement of an endorsement on the back of the check which obscures other endorsements; and which thereby causes a delay in the forward processing and /or return processing of the check. The Bank retains the right to refuse to accept a check for deposit when the back of the check is unreasonably obscured. PN. 350914 DOC IDr 2 Page II of SI