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A TRUE COPY CERTIFICATION (IN LAST PACE J.R. SMITH, CLERK debit the Receiver's account in the amount of such Entry on 9. Recording and Use of Communications. the next Banking Day following the date the Entry was Customer and Bank agree that all telephone conversations received by Bank. Bank will have the right to reject an On- or data transmissions between them or their agents made in Us Entry as described in Section 12,Returned or Rejected connection with this Appendix may be electronically Entries. In the case of an On-Us Entry,Bank will have all recorded and retained by either party by use of any rights of an RDFI including, without limitation, the rights reasonable means. set forth in NACHA Rules. 10. Processing, Transmittal and Settlement of 12. Returned or Rejected Entries. Entries by Bank 12.1 In the event any Entry is returned or 10.1 Bank will process,transmit and settle for rejected by the ACH Operator or any RDFI or Intermediary credit and debit Entries initiated by Customer as provided in Depository Financial Institution for any reason whatsoever,it the NACHA Rules as in effect from time to time,and pursuant shall be the responsibility of Customer to remake and to this Appendix. Exclusive of"Same Day ACH Entries," resubmit such Entry or otherwise resolve the returned Entry in which are described in Section 23 below,Bank will transmit accordance with the NACHA Rules. such Entries as an ODFI to the ACH Operator by the deadline of the ACH Operator,provided such Entries are received by 12.2 Bank shall remake such Entry in any Bank prior to 8:00 p.m. Eastern Time ("ET) and the ACH case where rejection by the ACH Operator was due to Operator is open for business on such Business Day. Entries mishandling of such Entry by Bank and sufficient data is received after 8:00 p.m. ET will be deemed received the available to Bank to permit it to remake such Entry. In all following Business Day. If the Effective Entry Date falls on a other instances, Bank's responsibility will be to receive non-Business Day, final settlement will occur on the next rejected or returned Entries from the ACH Operator,perform Business Day. Customer may submit a NACHA-formatted necessary processing,control and settlement functions,and to file up to the time limit in advance of the Effective Entry Date forward such Entries to Customer. Except for an Entry as the Services permit,or as may otherwise be permitted by retransmitted by Customer in accordance with the Bank under the terms of this Appendix. Customer will hold requirements of Section 5, Transmittal of Entries by Bank hamiless from all charges and liabilities that may be Customer, Bank shall have no obligation to retransmit a incurred as a result of the delivery of late Entries. returned Entry to the ACH Operator if Bank complied with the terms of this Appendix with respect to the original Entry. 10.2 If the file of Entries is received other than in specified NACHA and Bank format,Customer will 12.3 Bank may reject any Entry which does be required to provide Bank with a corrected file. If a not comply with the requirements of Section 5,Transmittal of corrected file of Entries is received later than 8:00 p.m.ET Entries by Customer,or Section 7,Security Procedures.Bank on the delivery date with an intended Effective Entry Date may also reject any Entry which contains a future Settlement of next-Business Day, Customer will hold Bank harmless Date that exceeds the limits set forth within the Services. from all charges and liabilities that may be incurred as a Bank may reject an On-Us Entry for any reason for which an result of the processing of late Entries. Entry may be returned under the NACHA Rules. Bank may reject any Entry or file if Customer has failed to comply with 10.3 For purposes of this Appendix,Entries its Settlement Account balance obligations under Section 2, shall be deemed received by Bank,in the case of electronic Customer Obligations, or Customer's Exposure Limit under file transmission,when the transmission is completed as set Section 3,Risk Exposure Limits.Notices of rejection shall be forth in Bank's Appendix for Data Transmission Services effective when given. Bank shall have no liability to and/or the Services'Setup Form(s). Customer by reasons of the rejection of any such Entry or the fact that such notice is not given at an earlier time than that 10.4 If any of the requirements of this provided for herein. Bank may monitor Customer's rejected Section 10 (or of Section 23 with respect to Same Day or returned Entries. Bank reserves the right, in its sole and ACH Entries)are not met,Bank shall use reasonable efforts exclusive discretion, to require Customer to establish a to transmit such Entries to the ACH Operator by the next reserve Account in the event that an excessive number of deposit deadline on which the ACH Operator is open for Customer's debit Entries are rejected or returned. business. On-Us Entries. Except as otherwise provided 12.4 In accordance with NACHA Rules, Bank 11. may monitor returned Entries,and in its sole discretion,may: herein,in the case of an Entry received for credit or debit to (1) require Customer to f lower its return rates, siv invoke an account maintained by Bank(an"On-Us Entry'),Bank premium penalty fees for unauthorized or excessive return will credit or debit the Receiver's account in the amount of rates and/or (3) invoke termination or suspension of the such Entry on the Effective Entry Date, provided the Services and/or this Appendix in conjunction with Section 31 requirements set forth herein are otherwise met. If those of this Appendix. requirements are not met, by reason of stale or same-day Effective Entry Dates on such Entries, Bank will credit or 13. Cancellation or Amendment by Customer. debit the Receiver's account in the amount of such Entry on the date the Entry was received by Bank, or if the Entry Customer shall have no right to cancel amend any Entry was received on anon-Business Day,Bank will credit or or file after its receipt by Bank. However, if such request complies with the Security Procedures applicable to the HC 4814-6754-1549 26 of 58 022016