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J.P. MORGAN CHASE BANK, N.A. 1A - 2015
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J.P. MORGAN CHASE BANK, N.A. 1A - 2015
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Last modified
7/13/2016 4:03:34 PM
Creation date
7/13/2016 3:57:09 PM
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Contracts
Company Name
J.P. MORGAN CHASE BANK, N.A.
Contract #
A-2015-303
Agency
FINANCE & MANAGEMENT SERVICES
Council Approval Date
12/15/2015
Expiration Date
12/31/2016
Insurance Exp Date
6/1/2017
Destruction Year
2021
Notes
a-2010-204
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Should the Customer include for carriage any documents or items that are not Eligible Items, the Customer agrees that the Bank has no <br />responsibility or obligation with regard to such non - Eligible Items and agrees to hold the Bank harmless from and against all claims or liabilities <br />relating in any way to such non - Eligible Items. <br />2. Pick -Up Times: If the parties otherwise agree.. the Bank may arrange with a designated courier to pick up Eligible Items from the <br />Customer's specified location at specific hours and deliver such Eligible Items to a Bank location for processing, and credit to specified <br />the Customer account(s) on an agreed schedule. <br />3. Appointment of Agent: If the parties otherwise agree, a designated courier may be selected by the Bank acting as the Customers <br />agent with regard to such courier, the Customer acknowledges and agrees that the Customer has the authority to and does authorize <br />the Bank to select and appoint this courier in such capacity to carry Eligible Items in accordance with these Service Terms. The Bank <br />will notify the Customer promptly of any subsequent replacement of the courier. <br />4. Delivery of Checks: The Customer will either deliver Eligible Items to the Bank at the designated locations using the Customer's own <br />courier or deliver Eligible Items to the Bank via the designated courier at such address as the Bank advises Customer from time to <br />time. <br />5. Processing the Customer's Cash Letter: The Bank will receive and process the Customer's Eligible Items in accordance with the <br />normal U.S. Bank Check Clearing Guidelines. Processing at a foreign branch location may include receipt of the original checks, <br />scanning and electronic transmission of the check information and check images to the Bank's processing location in the United States <br />as well as the retention and destruction of the original checks. <br />S. Return Items: The Bank will notify the Customer promptly of all Return Items for Eligible Items received and processed under this <br />Service. The Bank will advise the Customer's designated office via S.W,I.173. or other agreed upon method of all Eligible Items of <br />$2,500 and over. Return Items of less than $2,500 will be advised to the Customer via mail. If the Customer desires, the Bank will <br />advise the Customer of all Return Items regardless of the amount of the Eligible Item. All Return Items will be delivered to the <br />Customer's designated location and may include substitute checks or imaged copies and not the original checks. <br />7. Lost Items: The Customer agrees to maintain copies of both sides of all items sent to the Bank under this Service and agrees to <br />furnish the Bank with such copies upon request In the absence of such copies, Customer agrees to maintain detailed records of such <br />items and to provide them to the Bank upon request. If Customer is unable for any reason to provide such copies or records, the Bank <br />will be unable to facilitate reconstruction or collection in cases of lost or stolen items and the Customer agrees that the Bank will have <br />no liability or responsibility in such situations with regard to such items. <br />S. Insurance: If the Bank acts as agent for the Customer with regard to retaining the designated courier as stated in paragraph 3 above. <br />the Bank will obtain from the designated courier limited insurance coverage to reimburse costs of reconstructing a lost cash letter (up to <br />US$ 2,500) and consequential interest expenses (up to US$ 100,000) on the Customer's behalf. In the event of loss of a cash letter by <br />the designated courier, the Customer will receive this insurance for so long as such insurance is in place. The Bank does not assure <br />that (1) it will continue to maintain such coverage during the entire term of this Service or for any specified period, (2) it will purchase <br />Insurance at any other rate than currently offered Of (3) that the designated courier remains the provider of courier services to the <br />Customer hereunder. <br />S. Limitation of Liability: Unless resulting directly from the Bank's failure to exercise ordinary care or lack of good faith, the Bank nor Its <br />branches, subsidiaries or affiliates will be liable to the Customer for loss, destruction, damage, mfsdelivery, theft, unexplained <br />disappearance, confiscation or seizure by governmental or quasi - governmental authorities, or for delay in transmittal of any item, <br />transmitted by, or for any matter in connection with the Service even though consolidation of the Customer's sending may have been <br />accomplished within a Bank controlled location. The Customer acknowledges that the courier may employ subagents in connection <br />with the courier service, and that neither the courier nor Its subagents will be liable for confiscation or seizure by governmental or quasi- <br />governmental authorities, or for delay in transmittal of any item delivered to them unless directly resulting from courier's or Cis <br />subagent's negligence or lack of good faith, <br />10. Representations and Warrants: The Customer represents and warrants to the Bank, its foreign branches, subsidiaries and affiliates <br />that <br />(a) In connection with each item delivered to the courier, that transmittal by courier of such items has been expressly authorized by <br />the owner of the item, and the Customer agrees to indemnify and mold the Bank harmless against any losses, liabilities, claims, <br />damages or expenses of whatsoever kind, Including reasonable attorney's fees, resulting from unauthorized transmittal. <br />ib) The Customer will not use the courier service for any purpose prohibited by foreign exchange regulations, postal regulations, or <br />any other treaty, statute, regulation or authority and will not send via the courier service any non - Eligible Item or freely negotiable <br />item via this Service. <br />(c; The Customer has established an anti -money laundering program in compliance with anti -money laundering laws and regulations <br />applicable to it and such anti -money laundering program includes policies, procedures and controls designed to detect and <br />prevent money laundering that the Customer believes effectively prevents . the use of the Customer's operations, personnel or <br />facilities for money laundering purposes, <br />AV. 330914 DOC CD: 4 Page 42 aj51 <br />
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