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i Should the Customer include for carriage any documents or items that are not Eligible Items, the Customer agrees that the Bank has no responsibility or obligation with regard to such non - Eligible Items and agrees to hold the Bank harmless from and against all claims or liabilities relating in any way to such non - Eligible Items. 2. Pick -Up Times: If the parties otherwise agree, the Bank may arrange with a designated courier to pick up Eligible Items from the Customer's specified location at specific hours and deliver such Eligible Items to a Bank location for processing, and credit to specified the Customer accounts) on an agreed schedule. 3. Appointment of Agent: If the parties otherwise agree, a designated courier may be selected by the Bank acting as the Customer's agent with regard to such courier, the Customer acknowledges and agrees that the Customer has the authority to and does authorize the Bank to select and appoint this courier in such capacity to carry Eligible Items in accordance with these Service Terns. The Bank will notify the Customer promptly of any subsequent replacement of the courier. 4. Delivery of Checks: The Customer will either deliver Eligible Items to the Bank at the designated locations using the Customer's own courier or deliver Eligible Items to the Bank via the designated courier at such address as the Bank advises Customer from time to time. 5. Processing the Customer's Cash Letter: The Bank will receive and process the Customer's Eligible Items in accordance with the normal U.S. Bank Check Clearing Guidelines. Processing at a foreign branch location may include receipt of the original checks, scanning and electronic transmission of the check information and check images to the Bank's processing location in the United States as well as the retention and destruction of the original checks. 6. Return Items: The Bank will notify the Customer promptly of all Return Items for Eligible Items received and processed under this Service. The Bank will advise the Customer's designated office via S.W.I. F.T. or other agreed upon method of all Eligible Items of $2,500 and over. Return Items of less than $2,500 will be advised to the Customer via mail. If the Customer desires, the Bank will advise the Customer of all Return Items regardless of the amount of the Eligible Item. All Return Items will be delivered to the Customer's designated location and may include substitute checks or imaged copies and not the original checks. 7. Lost Items: The Customer agrees to maintain copies of both sides of all items sent to the Bank under this Service and agrees to furnish the Bank with such copies upon request. In the absence of such copies, Customer agrees to maintain detailed records of such items and to provide them to the Bank upon request. If Customer is unable for any reason to provide such copies or records, the Bank will be unable to facilitate reconstruction or collection in cases of lost or stolen items and the Customer agrees that the Bank will have no liability or responsibility in such situations with regard to such items. 8. Insurance: If the Bank acts as agent for the Customer with regard to retaining the designated courier as stated in paragraph 3 above, the Bank will obtain from the designated courier limited insurance coverage to reimburse costs of reconstructing a lost cash letter (up to US$ 2,500) and consequential interest expenses (up to US$ � 00,000) on the Customers behalf. In the event of loss of a cash letter by the designated courier, the Customer will receive this insurance for so long as such insurance is in place. The Bank does not assure that (t) it will continue to maintain such coverage during the entire term of this Service or for any specified period, (2) it will purchase insurance at any other rate than currently offered or (3) that the designated courier remains the provider of courier services to the Customer hereunder. 9. Limitation of Liability: Unless resulting directly from the Bank's failure to exercise ordinary care or lack of good faith, the Bank nor its branches, subsidiaries or affiliates will be liable to the Customer for loss, destruction, damage, misdelivery, theft, unexplained disappearance, confiscation or seizure by governmental or quasi - governmental authorities, or for delay in transmittal of any item. transmitted by, or for any matter in connection with the Service even though consolidation of the Customer's sending may have been accomplished within a Bank controlled location. The Customer acknowledges that the courier may employ subagents in connection with the courier service, and that neither the courier nor its subagents will be liable for confiscation or seizure by governmental or quasi - governmental authorities, or for delay in transmittal of any item delivered to them unless directly resulting from courier's or its subagent's negligence or lack of good faith. 10. Representations and Warrants: The Customer represents and warrants to the Bank, its foreign branches, subsidiaries and affiliates that: (a) In connection with each item delivered to the courier, that transmittal by courier of such items has been expressly authorized by the owner of the item, and the Customer agrees to indemnify and hold the Bank ha rtnless against any losses, liabilities, claims, damages or expenses of whatsoever kind, including reasonable attorney's fees, resulting from unauthorized transmittal. (b) The Customer will not use the courier service for any purpose prohibited by foreign exchange regulations, postal regulations, or any other treaty, statute, regulation or authority and will not send via the courier service any non - Eligible Item or freely negotiable item via this Service. (c) The Customer has established an anti -money laundering program in compliance with anti -money laundering laws and regulations applicable to it and such anti -money laundering program includes policies, procedures and controls designed to detect and prevent money laundering that the Customer believes effectively prevents the use of the Customer's operations, personnel or facilities for money laundering purposes. PN• 350914 DOC ID. 4 Page 42 of S]