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A TRIBE COPY CERTIFICATION CIS LAST PAGE J.R. SMITH, CLERK the Treasury's Office of Foreign Assets Control("OFAC") 4.1 Customer may elect,in accordance with and the U.S. Department of the Treasury's Financial the Services' Setup Form(s),to transmit a NACHA-formatted Crimes Enforcement Network("FinCEN"). file to Bank via the following methods, or via such other methods as Bank may permit from time to time in its sole and 3. Risk Exposure Limits. exclusive discretion: 3.1 Bank will establish for Customer, in 4.1.1 Bank Internet System Bank's sole and exclusive discretion, a transactional Transmission. Customer may transmit a NACHA- "Credit Exposure Limit" and a "Debit Exposure Limit" formatted file to Bank via the service described in the Bank ("Exposure Limit(s)").Each Exposure Limit will be Internet System Appendix.Customer agrees to the terms of established as an aggregate limit over multiple Settlement the Bank Internet System Appendix and its related security Dates with other not-yet-settled transactions issued by procedures when initiating Entries as described therein. Customer through any ACH application with Bank. The Exposure Limits are based on Customer's financial 4.1.2 Direct Electronic condition and anticipated or historical level(s) of Entry Transmission. Customer may transmit a NACHA-formatted instructions with Bank. Bank will notify Customer of file directly to Bank,as described in or as otherwise permitted Customer's Exposure Limits prior to implementation of the by Bank's Appendix for Data Transmission Services. Services. Connectivity between Bank and Customer must be established and successfully tested prior to live transactions. 3.2 Customer shall promptly notify Bank if Customer anticipates a significant increase or decrease in 4.2 Electronic Data Interchange the dollar amount of any of its ACH transactions. Bank ("EDI"). EDI consists of the electronic movement of data may, from time to time, in its sole discretion, change the between Customer and Bank in a structured, computer- amount of Customer's Exposure Limits. Bank may, on an retrievable data format that permits information to be annual or more frequent basis, in Bank's sole discretion, transferred between a computer program at Customer's review Customer's Exposure Limits and make any location and a computer program at Bank's location adjustments to Customer's Exposure Limits that Bank may without re-keying. Customer and Bank may transmit deem appropriate. between each other an ACH file that contains ACH Addenda which conform to the NACHA Rules via EDI,and 3.3 Bank monitors all Exposure Limits for as described in or as otherwise permitted by Bank's Appendix every customer that originates ACH transactions. Bank for Data Transmission Services. Bank will process and may suspend or reject processing of any Entry instructions forward Addenda information along with financial if such Entry exceeds Customer's Exposure transactions through the ACH network. Bank will, upon Limit(s). Bank may, in its sole and exclusive discretion, Customer's request, forward Addenda information to but shall have no obligation,to elect to process occasional Customer within two (2) Business Days of Bank's receipt Entry instructions that would exceed Customer's Exposure of such information. Limit(). If Customer's s En instructions exceed its Entry Exposure Limit(s), Bank may elect to process such 5. Transmittal of Entries by Customer. instructions subject to there being sufficient available funds in the Settlement Account, or in any other Customer 5.1 Customer will send file(s)of credit and Account(s) authorized by Bank for ACH transaction debit Entries to Bank (i) with computer readable purposes, for the total amount of all credit Entries information; (ii) with an ACH file and format consistent submitted to Bank for processing.In such event,Bank may with current NACHA file and Bank specifications;and(iii) elect to reduce available funds in the Settlement Account, on the medium as agreed by the parties and in accordance as well as place a hold on available funds in any other with the security procedures associated with that Customer Account(s) authorized by Bank for ACH transmission medium. Customer agrees to initiate Entries transaction purposes to the extent necessary to cover the described herein in accordance with the requirements of, total amount of the ACH credit Entries, on the Business and in compliance with its responsibilities, representations Day that Bank begins processing Customer's ACH file. and warranties as an Originator under,the NACHA Rules. Customer's Settlement Account will be debited on the effective Settlement Date of the file, simultaneously with 5.2 With respect to any credit and debit removal of the hold on funds in the other Customer Entries initiated and transmitted by Customer that involve Account(s). Alternatively, if Customer's,Entry instructions consumers, Customer will comply with, each as may be exceed Customer's Exposure Limit(s), Bank may elect to amended from time to time:(i)all authorization,disclosure process such instructions and release a file against and other requirements of the NACHA Rules and (ii) all insufficient collected funds, subject to Customer promptly applicable federal and state laws and regulations,including, depositing collected funds in the Settlement Account in the without limitation, any applicable requirements of form of a cash deposit, wire transfer, intra-bank fund Regulation E of the Consumer Financial Protection Bureau transfer or loan advance to cover Customer's funding (or any successor entity who administers Regulation E) obligation. (hereinafter "Regulation E") and the Federal Electronic Funds Transfer Act. 4. File Transmission Methods;Addenda. HC 4814-6754-1549 23 of M 022016