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<br />8. Limitation of Lvabrfity�hno event will the Barka liability under these terms for any damages of any kind exceed an amount equal to
<br />the fees the Customer paid the Bank for the service during tire twelve (12) months preceding the date on which the Customer made the
<br />corresponding clam, If the Customer makes a claim during the first twelve (12) months of the servIce, the Book's liability will be limited
<br />to the average monthly fee the Customer paid during that time multiplied by 12, This limitation of liability is in addition to, the terms set
<br />forth in the Account Terms.
<br />v, Indertunfication. The Customer agrees to indemnify the Bank for any loss or expense resulting Form breach of any of the warranfies
<br />made hy the Customer pursuant tv/mesnswrvicn,enn;or the Account D000mon�adnn�any claim pvnaining,v any Warranty *,
<br />|odem,ity that the Bank makes with respect /v gin Item under the Check Clearing for the 21"` Century Act, Federal Reserve Board
<br />Regulations CC and J and all other laws, regulations and industry and clearinghouse rules applicable (o Items. These |^d*mnifi*s are
<br />in addition to those fin the Account Terms and relevant Service Terms
<br />10, Miscellaneous. The provisions a Sections 3, 5, 7, 8 and 9 shall survive termination n{ these Service Terms.
<br />JI" Check Printing
<br />ng
<br />The Check Printing Service enables the Customer instruct the Bank to issue checks and/or documents on behalf of the Customer
<br />, Payment Orders. The Bank will execute each payment order issued by the Customer which is iece.vaubf the Bank ma manner
<br />described in these Service Terms o/ao otherwise provided hy the Bank Vr*/}Paym*mVrdnmmwy include printing
<br />oxuoo'psyn/ent documents {'oocuments?if agreed muy the Bank based upon these Service Terms,
<br />2, Cancellations. A Payment Order may be cancelled by the Customer if notice of crincellathon is received by the Bank in writing from u
<br />person |\reasonably believes |s authorized 10 cancel the Payment Order for the Customer (Caopo|m"i*n"). provided, however, that a
<br />Cancellation will not bm effective unless and until it is received hy the Bank su that the Bank has a reasonable time w act upon such
<br />Cancellation arid that the related Payment Order has not already been accepted by the Bank or the related check has not already been
<br />|ssv*4by the Bank wPvym*ot Order may not bv amended vrmindiowd The Bank has "* obligation mmctuslv, stop payment o/
<br />posting ofa Payment Order h has accepted
<br />n. Receipt ^f Payment Orders arid Cancellations. Customer shall transmit Payment Qn1eo m the Bank tn the location and "
<br />compliance with the formatting and Other requirements id io the operating procedures prepared for the Customer.
<br />The Bank may effect any Payment Order that does not comply with this Section
<br />4. Identifying Number- The Customer acknowledges that (a)ira Payment Order identifies its beneficiary "/specifies the owner ,fthe
<br />account tnmu debited, as applicable, by both a name arid aoIdentifyiogm bank account number and the name and number identify
<br />different persons, execution, or transmittal of the Payment Order, payment to the beneficiary or debt to the av*o",, t,bo debited may
<br />um made solely on the basis o/ the number, and <b)x a Payment Order identifies any bank both by a name and an identifying number
<br />and the number identifies a person different from the bank dentifted by name, any bank may rely solely on the Identifying northern,
<br />5 issuance o/o,'moxuo,ucom*nts. For each Payment Order accepted hy the Bank, the Bank will: Is) rouse * check \obe printed and
<br />completedI (b) cause a laser facsimile signature authorized by the Customer to The placed on the check�(c upon, cause other
<br />Documents tomeoon*o/e¢ and (u> mail the check o,send the check by courier along wiK/ any Document au agreed upon
<br />(collectively, "Issue") The Customer exprersly grants the Bank the auffecrity to Issue each check and Document,
<br />a Notice of Rejection. The Bank will promptly notify the Customer if a Payment Order is rejected by the Bank and wilt advise the
<br />Customer aow the reason The notice nr advice shall bw deemed commercially reasonable if made available through the Service u,
<br />given electronically, orally, h/ telephone */ facsimile transmission
<br />r Control. The Bank i m rapperanbe or liable fo the defection of errors contained m any Payment Order as received from Customer
<br />and is entitled to rely on the information contained therein. No agreement or nishruclikin of the C,a stricung acceptance of any
<br />Payment Order is binding on the Bank, except as set torth in these Service Terms or in a writing signed by the Customer and the Bank
<br />and the Bank has had a reasonable opportunity to act before any affected Payment Order is executed, made or tranismsted by the
<br />Bank
<br />u, Reliance Upon Instructions. The Customer is responsible ^,,andmw8ankmaxoa|xopon, the contents o| any notice m ms^mo,iono
<br />that the Bank believes in good faith to be from the Customer without any independent Investigation The Bank shall have no duty to
<br />inquire into the authority vf the .oximftm| giving such notice o/instruction m the event that the Bank receives conflicting notices n,
<br />instructions, the Bank can act on either notice orimmmolonor can refuse 'oact. Customer shall indemnify the Bank, Its officers and
<br />employees and hold it and mvr, formless for arid from any Ind all cimi"m, losses |am|h*s and expenses m.a"qor resulting from
<br />actions taken o,not hilikenuv the Bank in conformity with the notice p, instruction it receives from Customer
<br />li Limitation of Liability, The Bank will exercise reasonable care in the performance of the Service The Bank shall not ho liable 10
<br />Customer, other than as imposed by law or by these Service Terms for failure to act in accordance with reasonable commercal'
<br />standards in tire banking industry. Reasonable care in providing these Check Print Services shall be measured by the relevant
<br />provisions *f any service levels vr business requirements and the standard 'a reasonableness *, the procedures established for the
<br />vo^*ami,olomvm*d Mere inadvertence v/ w, honest m�ivoxoo,/v40m*nx shall nvtc*oWl a failure 'v perform such vNiVa,i*"*v,*
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<br />11,N: 350914 Digi4 PaAe 34 off 51
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