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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J.R. SMITH, CLERK <br /> cancellation of data,Bank shall use reasonable efforts to act notice that any such pre-notification has been rejected by <br /> on a request by Customer for cancellation of an Entry prior an RDFI, Customer will not initiate any related Entry until <br /> to transmitting it to the ACH Operator,or in the case of an the cause for rejection is resolved as provided in the <br /> On-Us Entry, prior to crediting or debiting a Receiver's NACHA Rules. If Customer receives notice that an RDFI <br /> account, but Bank shall have no liability if such will not receive Entries without having first received a copy <br /> cancellation is not effected.Customer shall reimburse Bank of the authorization signed by its customer, Customer will <br /> for any expenses, losses, or damages Bank may incur in not initiate any Entry to such customer(s) until it has <br /> effecting or attempting to effect the cancellation or provided the RDFI with such authorization within the time <br /> amendment of an Entry. limits provided in the NACHA Rules.Customer understands <br /> and acknowledges that once a pre-notification has been <br /> 14. Reversing Entries/Files. If Customer discovers initiated using the Services, Customer will be restricted <br /> that any Entry or file Customer has initiated was in error,it from initiating any Entry to such customer(s) for three(3) <br /> may use the Services to correct the Entry or file by Business Days. <br /> initiating a reversal or adjustment, or Customer may notify <br /> Bank of such error and Bank will utilize reasonable efforts 18. Participant Authorization for Entries. <br /> on behalf of Customer, consistent with the NACHA Rules, <br /> to correct the Entry or file by initiating a reversal or 18.1 To the extent required by the NACHA <br /> adjustment of such Entry or file. In all such cases, it shall Rules or applicable law, Customer will obtain all consents <br /> be the responsibility of Customer to notify the affected and written authorizations for all Entries in accordance <br /> Receiver that an Entry or file has been made which is at therewith. Such authorizations and any related disclosures <br /> variance with the authorization or is otherwise erroneous. shall be in a form that complies with(i)all requirements of <br /> Customer indemnifies Bank against any claim by any the NACHA Rules and (ii) all applicable federal and state <br /> Receiver that a reversing Entry or file requested by laws and regulations, as the same may be amended from <br /> Customer is wrongful. Customer understands and time to time, including, without limitation, any applicable <br /> acknowledges that certain RDFIs may not or cannot requirements of Regulation E,the Federal Electronic Funds <br /> comply with such reversal and that,in such an event,Bank Transfer Act, and sanctions enforced by OFAC. Customer <br /> will debit Customer's Settlement Account in the amount of shall obtain and maintain current information regarding <br /> the provisional credit applied to the Settlement Account for OFAC enforced sanctions. (This information may be <br /> such Entry or file. obtained directly from the OFAC Compliance Hotline at <br /> (800) 540-OFAC or by visiting the OFAC website at <br /> 15. Notice of Returned Entries. Bank will use www.ustreas. ovg /ofac.) Each Entry will be made according <br /> reasonable efforts to notify Customer by phone or to such authorization and shall comply with the NACHA <br /> electronic transmission of the receipt of a returned Entry Rules. No Entry will be initiated by Customer after such <br /> from the ACH Operator no later than one(1)Business Day authorization has been revoked or the arrangement between <br /> after the Business Day of such receipt.Except for an Entry Customer and such Receiver or other party has terminated. <br /> re-transmitted by Customer in accordance with the <br /> requirements of Section 5, Transmittal of Entries by 18.2 Customer shall retain all consents and <br /> Customer, Bank shall have no obligation to re-transmit a authorizations for the period required by the NACHA Rules. <br /> returned Entry to the ACH Operator if Bank complied with Customer will fiunish to Receiver, or to Bank upon its <br /> the terms of this Appendix with respect to the original request, an original or a copy of an authorization as <br /> Entry. required under or for any purpose required by the NACK4 <br /> Rules. No investigation or verification procedure <br /> 16. Notifications of Change. Bank will use undertaken by Bank shall be deemed to limit or waive <br /> reasonable efforts to notify Customer of each Notification Customer's obligations under this Section. <br /> of Change ("NOC") or Corrected Notification of Change <br /> ("Corrected NOC") received by Bank related to Entries 19. Re-initiation of Entries. Customer may not re- <br /> transmitted by Customer within two (2) Business Days initiate Entries except as prescribed by the NACHA Rules. <br /> after receipt p thereof. Customer shall ensure that changes <br /> requested by the NOC or Corrected NOC are made within 20. Payment by Customer for Entries;Payment <br /> six(6)Business Days of Customer's receipt of the NOC or by Bank for Entries. <br /> Corrected NOC information from Bank or prior to initiating <br /> another Entry to the Receiver's account,whichever is later. 20.1 Except as may otherwise be agreed by <br /> Bank in its sole and exclusive discretion, Customer shall <br /> 17. Pre-Notification and Rejection of Pre- pay Bank the amount of each credit Entry transmitted by <br /> Notification. Bank recommends that, as permitted by the Bank pursuant to this Appendix at such time on the date of <br /> NACHA Rules or applicable law, Customer send pre- transmittal by Bank of such credit Entry as Bank, in its <br /> notifications at least three (3) Business Days prior to discretion,may determine. <br /> initiating an authorized Entry to a particular account in a <br /> format and medium approved by the NACHA Rules. 20.2 Customer shall promptly pay Bank the <br /> Customer may also initiate a new pre-notification(i)when amount of each debit Entry returned by an RDFI pursuant <br /> any changes are made to an account number, financial to this Appendix. <br /> institution, or individual identification number or (ii) as <br /> otherwise stated in the NACHA Rules.If Customer receives <br /> HC 4814.67S4-1549 27 of 58 022016 <br />