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(3) The Transaction was fraudulent; (4) The Customer disputes the Card sale or the signature on the sale documentation; or claims that the sale is subject to a set-off, defense or counterclaim, or (5) The Customer refuses to make payment for a Card sale because in the Customer's good faith opinion, a claim or complaint has not been resolved, or has been resolved by you but in an unsatisfactory manner 4. Data Secarih?and Privacy • By signing below, you represent to us that you do not have access to any Card information (such as the Customer's primary account number, expiration date, security code or personal identification number) and you will not request access to such Card Information from Invoice Cloud, inc In the event that you do happen to receive Card Information in connection with the processing services provided by Invoice Cloud, Inc or Paymentech under these guidelines, you agree that you will not use it for any fraudulent purpose or in violation of any Payment Brands or applicable law and you will comply with all applicable Payment Brand Rules and Security Standards. If at any time you believe that Card Information has been compromised, you must notify us promptly and assist in providing notification to the proper parties. You must ensure your compliance with all Security Standards that are applicable to you and which may be published from time to time by the Payment Brands. If any Payment Brand requires an audit of you due to a data security compromise event or suspected event, you agree to cooperate with such audit. You may not use any Card Information other than for the sole purpose of completing the Transaction authorized by the Customer for which the information was provided to you, or as specifically allowed by Payment Brand Rules, or required by law in the event of your failure, including bankruptcy, insolvency or other suspension of business operations; you shall not sell, transfer or disclose any materials that contain Transaction information or Card Information to third parties. 5. Funding Schedule • In order to receive funds from Paymentech, you must maintain one or more bank account(s) at a bank that is a member of the Automated Clearing House ("ACH") system and the Federal Reserve wire system (the "Bank Account') You must designate at least one Bank Account for the deposit and settlement of funds and the debit of any fees and costs associated with Paymentech's processing of the Transactions (all such designated Bank Accounts shall be collectively referred to herein as the "Settlement Account') You authorize Paymentech to initiate electronic credit and debit entries and adjustments to your Settlement Account in accordance with this Section 5 We will not be liable for any delays in receipt of funds or errors in Settlement Account entries caused by third parties, including but not limited to delays or errors by the Payment Brands or your bank. • Unless otherwise agreed to by the parties, the proceeds payable to the Settlement Account shall be equal to the amounts received by us in respect of your Card transactions less all Chargebacks, Customer refunds and other applicable charges. Such amounts will be paid into the Settlement Account promptly following our receipt of the funds. If the proceeds payable to the Settlement Account do not represent sufficient credits, or the Settlement Account does not have a sufficient balance to pay amounts due from you under these guidelines, we may pursue one or more of the following options (i) demand and receive immediate payment for such amounts; (ii) debit a Bank Account for the amount of the negative balance; (iii) withhold settlement payments to the Settlement Account until all amounts are paid, (iv) delay presentation of refunds until a payment is made to us of a sufficient amount to cover the negative balance, and(v) pursue any remedies we may have at law or in equity. • Unless and until we receive written instructions from you to the contrary; all amounts payable by Paymentech to you will be deposited in the Settlement Account designated and authorized by you as set forth below- Name of Bank wens Fargo ABA No . 121000248 Account No . Account Name• Indian River County Hoard of Comm,Commissioners Utilities Account Reference- INTERN L eference•INTERNAL PAYMENTECH USE Rev 01/14 Merchant Name County of Indian River-Board of County Commissioners Page 2 of 3 Pavmentech Contract No 063576