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GLRTIFICATION CIN LAST PAGE
<br /> J.R, SMITH, CLERK
<br /> under any SWIFT Business Identifier Code(BIC)that: (1) the SWIFT Instruction does not meet the
<br /> is unique to Customer,(2)is owned by a parent company or requirements of the SWIFT Rules or
<br /> other affiliate of Customer,or(3)is owned by an unrelated otherwise appears not to have been
<br /> third party and/or that is otherwise operating by agreement prepared or sent in accordance with this
<br /> with Customer as Customer's agent for purposes of Section:
<br /> Customer's use of the SWIFT Services. Each such BIC(s)
<br /> shall be identified by or through Customer in the Services' Bank considers that the execution of that
<br /> Setup Form(s) (hereinafter, collectively, "Customer's SWIFT Instruction may place Bank in
<br /> BIC(s)"). Customer acknowledges that the Services' Setup breach of any law or regulation,or
<br /> Form(s)shall also set out the key features and requirements B
<br /> that shall apply to Customer's use of the SWIFT'Services, Bank the
<br /> reasonably suspects that Instruction received by Bank he
<br /> which may include but are not limited to the following: SWIFmay not fully and accurately reflect an
<br /> i. the SWIFT messaging services to be advice, request instruction or
<br /> used to transmit SWIFT Instructions to Bank(e.g., SWIFT communication that Customer intended
<br /> FIN and/or SWIFTNet FileAct); to give to Bank, or (b) may not have
<br /> been given in accordance with
<br /> ii. the SWIFT message types and file Customer's authorization procedures.
<br /> formats that are supported by Bank under the SWIFT
<br /> Services, including the types of Payment Orders that Except to the extent prevented by applicable law or
<br /> Customer may transmit; regulation,Bank shall notify Customer if,under this
<br /> iii. the technical parameters associated Section 6.3,it does not act on a SWIFT Instruction.
<br /> with and required for SWIFTNet FileAct(e.g.,file transfer 6.4 Secure Communications Channel.
<br /> mode options and file transfer fields,etc.); 6.4.1 SWIFT offers SWIFT
<br /> iv. the type of information that Bank shall messaging services as a secure communications channel.
<br /> provide in conjunction with any SWIFT message sent by SWIFT has established procedures and requirements for
<br /> Bank to Customer within the SWIFT Services, including controlling access to SWIFT messaging services(each, an
<br /> any account status or other information made available by "Access Control") that may include, without limitation,
<br /> Bank; access codes, message authentication codes, secure card
<br /> readers, digital signatures, and hardware security modules.
<br /> V. the Customer Account(s)to be used in In addition, SWIFT authenticates certain messages based
<br /> connection with the SWIFT Services;and on SWIFT message type prior to accepting them for routing
<br /> vi. the SWIFT access model (e.g., as SWIFT Instructions(each,an"Authenticated Message").
<br /> SCORE, MA-CUG, etc.) and connectivity (e.g., direct This authentication may include confirming that the sender
<br /> access, Alliance Lite member, service bureau, etc.) and recipient of the message have exchanged bilateral keys
<br /> associated with Customer's use of the SWIFT Services. (`SKE"), entered into a relationship management
<br /> application ("RMA") agreement, or taken other steps to
<br /> 6.3.2 SWIFT Instructions made in secure the transmission of SWIFT Instructions between
<br /> accordance with this Appendix and the SWIFT Rules shall them as SWIFT requires from time to time (each, an
<br /> be deemed to have been given by an individual authorized "Authentication Procedure'). Collectively, the Access
<br /> to act on behalf of Customer. Bank will act in reliance on Controls and Authentication Procedures shall be referred to
<br /> the accuracy and completeness of the SWIFT Instruction herein as the"SWIFT Security Procedures."
<br /> received by Bank in Customer's name or via Customer's 6.4.2 Bank and Customer rely on
<br /> BIC(s). Customer shall ensure that any SWIFT Instruction
<br /> sent to Bank fully and accurately reflects the advice, SWIFT's Access Controls and, in the case of an
<br /> request, instruction or communication intended d be Authenticated Message, the Authentication Procedures, if
<br /> provided n Bank by Customer and is duly authorized. any, that SWIFT requires to secure the transmission of
<br /> Customer irrevocably authorizes Bank to (a) treat as Customer's SWIFT Instructions. Bank does not undertake
<br /> and will have no obligation
<br /> accurate, authentic and properly authorized,rely upon and Customer to separately
<br /> implement any SWIFT Instruction received by Bank which authenticate any SWIFT Instruction that Bank receives in
<br /> originates Customer's name or under Customer's BIC,whether or not
<br /> g (or appears to originate) from Customer Customer actually issued the SWIFT Instruction. Bank
<br /> (including, in the case of a Payment Order, debiting the may, at Bank's sole election and option, contact Customer
<br /> Account as specified in the SWIFT Instruction), and(b)to with respect to any SWIFT Instruction that Bank receives
<br /> process each such SWIFT Instruction as described in this in Customer's name or under Customer's BIC, but Bank's
<br /> Section 6. election to contact Customer with respect to one or more
<br /> 6.3.3 Notwithstanding the SWIFT Instruction will not obligate Bank to contact
<br /> foregoing, Bank is not obligated to act on a SWIFT Customer with respect to subsequent SWIFT Instructions
<br /> Instruction or treat a SWIFT Instruction as accurate, that Bank receives in Customer's name or under
<br /> authentic or authorized,if: Customer's BIC.
<br /> HC#4846-4388-3571 v I Page 52 of 58 0716
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