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2016-204
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Last modified
12/8/2016 2:26:27 PM
Creation date
12/8/2016 2:26:09 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/06/2016
Control Number
2016-204
Agenda Item Number
8.B.
Entity Name
TD Bank N.A.
Subject
Cash management Master Agreement
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ATPUr- COPY <br /> Wi1'II I0ATION ON LAST PACE <br /> JA SMITH, CLERK <br /> 4.3 Customer shall deliver promptly to shall redeposit a returned original check or a returned <br /> Bank, upon its request, the original check if a request is Electronic Item by delivering the same to any Bank branch <br /> made within the retention period provided above, or location. A returned original check or returned Electronic <br /> Substitute Check or Sufficient Copy thereof, for each Item may not be re-submitted by Customer using the <br /> Electronic Item created by Customer. The term"Sufficient Services. Customer may only use the Services to re-submit <br /> Copy" means a copy of an original check that accurately an IRD or Substitute Check that has been returned to <br /> represents all of the information on the front and back of Customer for non-sufficient funds. <br /> the original check as of the time the original check was <br /> truncated or is otherwise sufficient to determine whether or 5.2 With respect to each Electronic Item in <br /> not a claim is valid. any Electronic File delivered to Bank, the Electronic Item <br /> accurately represents all of the information on the front and <br /> 4.4 Customer shall not create at any time back of the original check as of the time that the original <br /> an Electronic File under this Appendix or otherwise use the check was created by the payor; contains all required and <br /> Services to capture or maintain tax identification numbers valid endorsements; replicates the MICR line of the <br /> or non-public personal information of any third-party from original check; and meets all FRB standards of and <br /> whom Customer has received an original check for technical requirements for sending Electronic Items to any <br /> payment or deposit or which Customer has selected for as set forth in the applicable FRB operating circular,or as <br /> truncation. established by the American National Standards Institute <br /> 4.5 Customer agrees to abide by all federal ("ANSI')or any other regulatory agency,clearing house or <br /> and state laws, and rules and regulations applicable to association. Specifically, each Electronic Item of each <br /> banking transactions. original check shall be of such quality that the following <br /> information can clearly be read and understood by sight <br /> 4.6 If Bank receives a returned item for a review of such Electronic Item: <br /> check deposited by Customer after Customer has <br /> terminated this Appendix,then Customer agrees that Bank (i) the amount of the check; <br /> may debit Customer's Account, or if such Account has (ii) the payee of the check; <br /> been closed by Customer, Bank will send a request for <br /> payment to Customer, and Customer agrees to pay Bank (iii) the signature of the payor of the check; <br /> within a commercially reasonable period of time. (iv) the date of the check; <br /> 4.7 Customer agrees to have controls in (v) the check number; <br /> place to ensure that the Services, including the Hardware <br /> and checks processed through the Hardware, are properly (vi) the information identifying <br /> safeguarded and stored in accordance with the timeframe the payor and the paying bank that is preprinted on the <br /> set forth in Section 4.2 above and in a secure location, check,including the MICR line;and <br /> under effective control, in order to safeguard against (vii) all other information placed <br /> unauthorized access and use.Customer shall ensure that all on the original check prior to the time an image of the <br /> such checks are thereafter destroyed by a cross-shredder, original check is captured, such as any required <br /> and/or pulped or otherwise destroyed in such a manner that identification written on the front of the check and any <br /> does not permit recovery, reconstruction or future use of endorsements applied to the back of the check. <br /> the checks. Customer agrees that it will not simply throw <br /> out such paper checks with other classes of records or with 5.3 Customer shall also ensure that the <br /> miscellaneous trash. Customer agrees to be responsible for following information is captured from the MICR line of <br /> all damages resulting from lack of proper controls over each original check: <br /> processed checks. (i) the American Bankers <br /> 4.8 Customer shall notify Bank of any Association routing transit number("RTN"); <br /> interruptions in,delay or unavailability of,or errors caused <br /> by the Services immediately upon discovery thereof (ii) the number of the account on <br /> Notwithstanding the foregoing, in the case of any error Which the check is drawn; <br /> caused by the Services and subject to Section 11 of the (iii) when encoded,the amount of <br /> parties' Cash Management Master Agreement, Customer the check;and <br /> shall provide such notice within thirty(30)Calendar Days <br /> of the date of the earliest notice to Customer which reflects (iv) when encoded,the auxiliary <br /> the error. Failure of Customer to provide such notice to on-us field(serial number)and the process control field of <br /> Bank shall relieve Bank of any liability or responsibility for the check. <br /> such error,omission or discrepancy. 5.4 The Electronic Item bears all <br /> 5. Customer Warranties, Covenants. Customer endorsements, if any, applied by previous parties that <br /> makes the following representations, warranties and handled the check in any form (including the original <br /> covenants as of the effective date of this Appendix and check, as Substitute Check, or another paper or electronic <br /> upon each delivery of an Electronic File to Bank: representation of such original check or Substitute Check) <br /> 5.1 An Electronic File may include an for transfer,forward collection or return. <br /> electronic representation of a Substitute Check. Customer <br /> HC 4814-6754-1549 - 43 0J58 022016 <br />
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