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A TRUE COPY CERTIFICATIONON LAST PAGE J.R. SMITH, CLERK error, unless Bank provided Customer with timely (b) if there are insufficient Available information that disclosed the error. Funds on deposit in the Authorized Account;or 3.6 Assignment. To the extent that (c) if required to do so by the service Customer suffers a loss under this Appendix,Bank assigns of legal process on Bank or the instructions of regulatory or to Customer any claim that Bank would have against a government authorities or courts. depositary or collecting bank to recover the loss,including any claim of breach of warranty under U.C.C. Sections 4- 3.4 Rightful Payment and Dishonor. 207,4-208,and 4-209. Except as provided in Section 3.5, the following shall apply: 4. Stop Payment and Return Decisions. The Services will not be used as a substitute for Bank's stop 3.4.1 If Bank honors an Exception payment services. Customer will follow Bank's standard Check in accordance with the pay default option selected stop payment procedures if it desires to return a check that by Customer or in accordance with a Pay Decision issued matches the data included in a Check Issue File or other by Customer, such honor shall be rightful, and Customer check that was validly issued. Nothing in this Appendix waives any right it may have to assert that the Exception will limit Customer's right to stop payment on any check Check was not properly payable under U.C.C. section 4- that matches the data included in a Check Issue File or 401. other check, or Bank's right to return an check that � Y matches the data included in a Check Issue File or other 3.4.2 If Bank dishonors an check that Customer has authorized Bank to pay in Exception Check in accordance with the return default accordance with this Appendix if Bank determines in its option selected by Customer or in accordance with a Return sole discretion that the check is not properly payable for Decision issued by Customer,the dishonor shall be rightful, any reason(without Bank's agreeing to,or being required and Customer waives any right it may have to assert that to, make such determination in any circumstance)or that the dishonor was wrongful under the U.C.C.section 4-402. there are insufficient collected or Available Funds in the Authorized Account to pay it. 3.4.3 Customer agrees that Bank exercises ordinary care whenever it rightfully pays or 5. Governing Law. Except where expressly returns an Exception Check consistent with the provisions required by contrary provisions of the U.C.C., any claim, of this Appendix. controversy or dispute arising under or related to this Appendix shall be governed by and interpreted in 3.5 Faulty Information. Subject to the accordance with the governing law provision of the parties' terms and conditions of the Cash Management Master Cash Management Master Agreement. Agreement, Bank shall be liable for losses, other than incidental or consequential damages, proximately caused 6. Effectiveness. Customer agrees to all the terms by its honor of a check that was not properly payable,or its and conditions of this Appendix. The liability of Bank dishonor of a check that was properly payable,if the honor under this Appendix shall in all cases be subject to the or dishonor occurred because Bank,in accordance with the provisions of the Cash Management Master Agreement, provisions of Section 2 of this Appendix: including, without limitation, any provisions thereof that exclude or limit warranties made by, damages payable by (a) should have shown the check on an or remedies available from Bank. This Appendix replaces Exception Check Report but failed to do so due to Bank and supersedes all prior agreements on file with respect to error, unless Bank provided Customer with timely the Services and shall remain in full force and effect until information that disclosed the error;or termination or such time as a different or amended Appendix is accepted in writing by Bank or the parties' (b) showed the check on an Exception Check Cash Management Master Agreement is terminated.In the Report but referenced the wrong check number due to Bank event of termination, all sums owed to Bank hereunder shall be immediately due and payable. HCk 4836-1579-3465 v 1 39 of 58 0916