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A TRUE COPY
<br /> CERTIFICATIO'Nv 1UN LAST ME
<br /> J.R. SMITH, CLERK
<br /> Services.3.4 Customer is not a"consumer" as such applicable to Accounts or Services generally. By
<br /> term is defined in the regulations promulgated pursuant to signing below, Customer acknowledges receipt of the
<br /> the Gramm-Leach-Bliley Act, 15 U.S.C. §6801 et seq.,nor Account Agreement and acceptance of the Service Fees,and
<br /> a legal representative of a"consumer." agrees to be bound by their terms,
<br /> 3.5 Customer shall use the Services only 4.3 Customer authorizes Bank to charge
<br /> for its own lawful business purposes. Customer shall not the Primary Account for all applicable charges and fees to
<br /> use the Services for or on behalf of any third party,except the extent that such charges and fees are not offset by
<br /> as may otherwise be approved by Bank in its sole and earnings credits or other allowances for Customer's
<br /> exclusive discretion,and as further described in Section 33. Account(s). If the balance of available funds in the
<br /> Customer shall take all reasonable measures and exercise Primary Account is not sufficient to cover such fees,Bank
<br /> reasonableP recautions to ensure that Customer's officers, may charge such fees to any other deposit Account
<br /> employees and Authorized Representatives do not use the maintained on Bank's records in Customer's name.
<br /> Services for personal,family or household purposes,or for Customer also agrees to pay all sales, use or other taxes
<br /> any other purpose not contemplated by this Agreement. (other than taxes based upon Bank's net income)that may
<br /> be applicable to the Services provided by Bank hereunder.
<br /> 3.6 Customer agrees not to use or attempt
<br /> to use the Services(a)to engage in any illegal purpose or 4.4 During the Term of this Agreement,as
<br /> activity or to violate any applicable law,rule or regulation, described in Section 14, Bank may not amend Service
<br /> (b)to breach any contract or agreement by which Customer Fees(s)associated with those Services provided by Bank in
<br /> is bound, or (c) to engage in any Internet or online accordance with the Contract, unless by mutual written
<br /> gambling transaction, whether or not gambling is legal in agreement of the parties. Bank acknowledges and agrees
<br /> any applicable jurisdiction, or (d) to engage in any that the fees reflected in the Proposal,shall control and be in
<br /> transaction or activity that is not specifically authorized and effect for the Term of this Agreement.Notwithstanding,the
<br /> permitted by this Agreement. Customer acknowledges and forgoing, Bank may charge or amend Service Fee(s)
<br /> agrees that Bank has no obligation to monitor Customer's associated with new or additional Services that Customer
<br /> use of the Services for transactions and activity that is may request that are not included Services under the
<br /> impermissible or prohibited under the terns of this Contract.
<br /> Agreement;provided,however,that Bank reserves the right
<br /> to decline to execute any transaction or activity that Bank 5. Customer Information. Customer agrees to
<br /> believes violates the terms of this Agreement. provide to Bank, before Bank begins providing any
<br /> Services to Customer, any and all information required to
<br /> 3.7 Customer and Bank shall comply with comply with applicable law and Bank's policies and
<br /> (i) all applicable federal, state and local laws, regulations, procedures relating to customer identification and
<br /> rules and orders; (ii) the Account Agreement; (iii) all authority. Such information may include, without
<br /> applicable National Automated Clearing House Association limitation,official certificates of customer existence,copies
<br /> ("NACHA") rules, regulations, and policies; (iv) the of Customer formation agreements,business resolutions or
<br /> Uniform Commercial Code; (v) Office of Foreign Asset equivalent documents, in a form acceptable to Bank
<br /> Control ("OFAC") requirements; and (vi) all applicable authorizing Customer to enter into this Agreement and to
<br /> laws, regulations and orders administered by the U.S. receive Services from Bank pursuant hereto, and
<br /> Department of the Treasury's Financial Crimes designating certain individuals as Customer's Authorized
<br /> Enforcement Network("FinCEN")(collectively(i)through Representatives.
<br /> (vi), "Compliance Laws").
<br /> 6. Software.
<br /> 4. Account Agreement;Service Fees.
<br /> 6.1 Bank may supply Customer with
<br /> 4.1 Bank and Customer agree that any certain software owned by or licensed to Bank to be used
<br /> Account established by Customer in connection with by Customer in connection with the Services("Software").
<br /> Services offered by Bank shall be governed by the Account Customer agrees that all such Software is and shall remain
<br /> Agreement,including one or more fee schedules issued by the sole property of Bank and/or the vendor of such
<br /> Bank for the Account. If there is any conflict between the Software. Customer agrees to comply with all of the terms
<br /> terms and provisions of this Agreement and the Account and conditions of all license and other agreements which
<br /> Agreement, the terms and provisions of this Agreement are provided to Customer by Bank and/or the Software
<br /> shall govern,but only to the extent reasonably necessary to vendor and/or which govern Customer's use of Software
<br /> resolve such conflict. associated with the Services. Unless otherwise agreed in
<br /> writing between Bank and Customer, Customer shall be
<br /> 4.2 During the Term of the responsible for the payment of all costs of installation of
<br /> Agreement, as described in Section any Software provided to Customer in connection with the
<br /> 14,Customer agrees to compensate Bank for all Services,as well as for selection,installation,maintenance
<br /> Accounts and Services that Bank provides pursuant to this and repair of all hardware required on Customer's premises
<br /> Agreement, an Appendices, in accordance with the for the successful operation of the Software.
<br /> gre � Y PP � P
<br /> Proposal (the "Service Fees"). Any fees and charges
<br /> associated with Accounts or Services that are not 6.2 Except as otherwise expressly
<br /> specified in the Contract shall be governed by prohibited or limited by applicable law, Customer shall
<br /> Bank's standard schedule of fees and charges indemnify, defend and hold harmless Bank, its successors
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