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A TRUE COPY
<br /> CERTIFICATION ON LAST PACIE
<br /> J.R. SMITH, CLERK
<br /> 5.3 Customer acknowledges es the right
<br /> gof a prior to Customer's use of the Services or from to time
<br /> consumer Receiver of an unauthorized debit Entry, as thereafter,and(c)the NACHA Rules.
<br /> applicable and as described in the NACHA Rules,to obtain a
<br /> refund of the funds debited from Receiver's account by 6.2 Customer acknowledges and agrees
<br /> such Receiver sending a written notice to Receiver's that IAT Entries may be to laws,subject regulations and
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<br /> Receiving Depository Financial Institution ("RDFI") in restrictions of U.S. and foreign governments relating to
<br /> accordance with the NACHA Rules (i.e., a Written foreign exchange transactions. Before initiating an IAT
<br /> Statement of Unauthorized Debit), and where such Entry, Customer agrees to understand and accept the
<br /> notification is received in time and in a manner that Foreign Country Rules. An IAT Entry must be authorized
<br /> reasonably allows the RDFI to meet the deadline for by the Receiver. The form and content of the Receiver's
<br /> transmitting a Return Entry as provided in the NACHA authorization,including whether such authorization is oral,
<br /> Rules. Customer also acknowledges the right of a electronic or written, is governed by Foreign Country
<br /> corporate Receiver of a debit Entry, as applicable and as Rules. Customer assumes the risk of rejection of its Entries
<br /> described in the NACHA Rules, to obtain a refund of the according to Foreign Country Rules, Bank and the ACH
<br /> funds debited from such Receiver's account by such Operator. Customer expressly acknowledges and agrees
<br /> Receiver sending a notice to Receiver's RDFI within two that Outbound IAT Entries, once transmitted, are
<br /> (2) Business Days following the Settlement Date of the irrevocable and are subject to the Foreign Country Rules;
<br /> original Entry. Customer indemnifies Bank against any furthermore, the time frames for return of an Entry are
<br /> such claim for a refund by any Receiverdetermined by the Foreign Country Rules and may exceed
<br /> the sixty (60) day return window for consumer Entries
<br /> 5.4 In accordance with this Appendix, defined by the U.S.ACH system and the NACHA Rules, as
<br /> Customer may use the Services to initiate and transmit well as the return window for non-consumer Entries.
<br /> credit and debit Entries with certain Standard Entry Class Customer also agrees that IAT Entries may not be
<br /> ("SEC") Codes. Authorized SEC Codes include PPD, dishonored, reversed or settled upon a specific date, and
<br /> PPD+, CCD, CCD+ and CTX. All other SEC Codes may that pre-notifications are not permitted with respect to IAT
<br /> be used with proper designation on the Services' Setup Entries involving certain foreign countries. To the extent
<br /> Form(s) and in accordance with additional instructions not otherwise prohibited by law, in connection with IAT
<br /> from and requirements by Bank, as applicable. Bank may Entries,(1)Customer assumes the risk of all fluctuations in
<br /> also suspend or terminate Customer's use of one or more foreign exchange rates or availability, and (2) Customer
<br /> SEC Codes at any time in Bank's sole and exclusive assumes the risk of loss for creating any and all erroneous
<br /> discretion. IAT Entries. Customer acknowledges and agrees that the
<br /> processing, settlement and/or availability of such Entries
<br /> 6. International ACH Transactions ("IAT may be delayed or suspended in the event that Bank
<br /> Entries"). determines that enhanced scrutiny or verification of such
<br /> Entries is necessary under the NACHA Rules and/or
<br /> 6.1 An IAT Entry is a debit or credit Entry applicable U.S. law. The ACH Operator through which
<br /> that is part of a payment transaction involving a Financial Bank processes the IAT Entry, in its sole discretion, may
<br /> Agency located outside of the territorial borders of the also refuse to handle IAT Entries. Customer acknowledges
<br /> United States, which is processed through the domestic that Bank shall have no liability for such delay or refusal.
<br /> ACH network,pursuant to the NACHA Rules, including the
<br /> rules pertaining to International ACH Transactions. IAT 6.3 In addition to the provisions of Section 22
<br /> Entries also include those that are funded directly by an of this Appendix,Customer makes the following additional
<br /> incoming international wire or similar funding source. The representations and warranties with respect to any IAT
<br /> NACHA Rules establish SEC Code "IAT' for all Entry submitted by Customer or on Customer's behalf:
<br /> International ACH Transactions. Customer agrees to be
<br /> bound by the NACHA Rules and all other statutes and 6.3.1 Customer is in compliance with U.S.
<br /> regulations pertaining to IAT Entries, including all law, including, but not limited to, Customer's obligations
<br /> applicable OFAC and FinCEN rules and regulations under programs administered by OFAC and FinCEN;and
<br /> associated with IAT Entries. Customer acknowledges that
<br /> IAT Entries require additional mandatory information, 6.3.2 The origination of an Outbound IAT
<br /> according to special formatting requirements, in the Entry is in compliance with the Foreign Country Rules,
<br /> computer record for such Entries within an ACH batch file. including any requirements regarding authorization with
<br /> Customer expressly agrees to identify and properly initiate respect to an IAT Entry.
<br /> all IAT Entries. Bank will facilitate IAT Entries to
<br /> Receivers located in foreign countries approved by Bank 6.4 Bank will not be liable fora an failure
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<br /> and facilitated by the ACH or the Gateway Operator or delay by the ACH Operator, any intermediary financial
<br /> (hereinafter in this Section,collectively,"ACH Operator"). institution,or the financial institution designated to receive
<br /> Bank will process each IAT Entry in accordance with (a) the IAT Entry in the receiving country in processing or
<br /> the laws and payment system rules and requirements of the failing to process any IAT Entry that is transmitted to the
<br /> receiving foreign country ("Foreign Country Rules"), (b) receiving country, or (b) the acts or omissions by a third
<br /> any agreement governing IAT Entries between Bank and party, including without limitation, the delay or failure of
<br /> the ACH Operator through which Bank processes the IAT any third party to process, credit or debit any IAT Entry.
<br /> Entry,the terms of which Bank communicates to Customer Bank is also not responsible for the transmission or
<br /> HC 4814-6754-1549 24 of 58 022016
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