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A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> S'-RK
<br /> J. E:�. ,���ITH, GL
<br /> Bank
<br /> EXHIBIT TO CASH MANAGEMENT MASTER AGREEMENT:
<br /> GOVERNMENTAL ENTITY SERVICES
<br /> This Exhibit is incorporated by reference into the parties'Cash Management Master Agreement(the"Agreement")and applies to
<br /> all Cash Management Services made available by Bank to Customer,as a governmental entity or unit. All capitalized terms used
<br /> herein without definition shall have the meanings given to them in the Agreement. Bank and Customer agree that,
<br /> notwithstanding anything to the contrary contained in the Agreement, the following terms and provisions shall apply to the
<br /> Agreement:
<br /> TERMS AND CONDITIONS Agreement has been duly authorized and
<br /> � Y
<br /> approved by the governing body of Customer in
<br /> 1. Section 26, "Governing Law,"of the Agreement accordance with applicable law, and, at Bank's
<br /> is hereby deleted in its entirety and replaced with the request, as evidenced by the certification of the
<br /> following: Secretary or other legal authority of the
<br /> governing body and provided with this
<br /> 26. Governing Law. Any claim, Agreement; n
<br /> gre t; ('•i) that only persons authorized to
<br /> controversy or dispute arising under or related to disburse Customer funds from any Account will
<br /> this Agreement shall be governed by and be enrolled as Authorized Users having access to
<br /> interpreted in accordance with the laws of the wire transfer,ACH or Account transfer functions;
<br /> jurisdiction pursuant to which Customer was (iv) that if this Agreement remains in effect for
<br /> incorporated or otherwise organized, except more than one budget year,upon request of Bank,
<br /> where applicable federal law is controlling.In the Customer will ratify and provide evidence of the
<br /> event of a conflict between the provisions of this renewal of this Agreement in subsequent years;
<br /> Agreement and any applicable law or regulation, and(v)that this Agreement is the valid and binding
<br /> this Agreement shall be deemed modified to the obligation of Customer, enforceable against
<br /> extent necessary to comply with such law or Customer in accordance with its terms.
<br /> regulation.
<br /> (b) If Customer is a Governmental Unit of the type
<br /> 2. The following new Section 34 is hereby added included in(g)above,Customer and the individual
<br /> immediately after Section 33: signing below represent,wan-ant and agree: (i)that
<br /> this Agreement has been duly executed by a
<br /> 34. Additional Representations and financial or other officer authorized by law with
<br /> Warranties. For purposes of this Section, signatory authority to enter into banking services
<br /> "Governmental Unit" means: (A) any town, city,
<br /> agreements as behalf y Customer; y ni this
<br /> county or similar local governmental unit,including
<br /> Agreement has been duly authorized by a senior or
<br /> without limitation any school district or school similar officer of Customer;(iii)that Customer has
<br /> administrative unit of any nature, water district, complied with all state laws and regulations,
<br /> sewer district, sanitary district, housing authority, including any regulations or policies adopted by
<br /> hospital district,municipal electric district or other Customer with respect to electronic commerce in
<br /> political subdivision,agency,bureau,department or entering into and performing this Agreement and
<br /> other instrumentality thereof, or similar quasi- any related ACH or wire transfer service
<br /> governmental corporation or entity defined by
<br /> livable law, agreement; (iv) that only persons authorized to
<br /> app , and (B) any state government or
<br /> any agency, department, bureau, office or other disburse Customer ed from any Account will be
<br /> enrolled as Authorized Users having access to wire
<br /> instrumentality thereof transfer, ACH or Account transfer functions; and
<br /> (v) that this Agreement is the valid and binding
<br /> (a) If Customer is a Governmental Unit of the type obligation of Customer, enforceable against
<br /> included in(A)above,Customer and the individual Customer in accordance with its terms.
<br /> signing below represent,warrant and agree: (i)that
<br /> this Agreement has been duly executed by the
<br /> Treasurer, Finance Director, or other officer (c) For a Customer of the type included in either(A)or
<br /> abov Customer and the individual sr
<br /> authorized b law with signatory authorityto enter
<br /> �) e, >�g
<br /> Y fin rl'
<br /> into banking services agreements; (ii) that this below fiuther representwan-ant and agree. (i)that
<br /> upon Banks request, Customer shall provide
<br /> HCW 4818-2416348/v 1
<br /> 13 of 58 0916
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