A TRUE C(3PY
<br /> C E R T I F I"'AT I We €"N LAST PA3E
<br /> J.R. SMITH, CLERK
<br /> 6.7.2 Bank is authorized to accept without unreasonable cost to Bank or Customer; (c)
<br /> and honor any files and/or SWIFT Instructions sent from suspension is required by SWIFT or the SWIFT Rules; or
<br /> any of Customer's SWIFT BIC(s) without making any (d)suspension is necessary to avoid or reduce any material
<br /> inquiry as to the validity or sufficiency of the SWIFT damage or disadvantage to either party.
<br /> Instructions and to consider the SWIFT Instructions of like
<br /> force and effect as written orders made in accordance with 7. Security Procedures.
<br /> the signing authorities held by Bank from time to time for 7.1 Customer agrees that the security
<br /> the operation of Customer's Account(s)with Bank. procedures set forth or incorporated by reference in this
<br /> 6.7.3 Without limiting the scope of Appendix (including without limitation the SWIFT Security
<br /> Section 6.7.2, Bank is authorized to disclose information Procedures),the Cash Management Master Agreement and/or
<br /> about Customer,its Accounts and banking relationship with associated documents provided by Bank, including without
<br /> Bank, including any changes to such information, in limitation the Services' Setup Form(s), are a commercially
<br /> response to and as directed in the SWIFT Instructions as reasonable method of providing security against unauthorized
<br /> required to process the same. access to or interception of transmissions between Customer
<br /> and Bank(hereinafter collectively the"Security Procedures").
<br /> 6.7.4 Bank shall not be liable for Any transmission by Customer shall be deemed authorized if
<br /> any loss or damage incurred by Customer, or any third transmitted in accordance with the Security Procedures. Bank
<br /> party arising from or in any way related to Bank acting may,from time to time,modify the Security Procedures.Such
<br /> upon or refusing to act upon any SWIFT Instructions from modifications shall become effective upon receipt of notice by
<br /> Customer's BIC(s), unless due to the gross negligence or Customer or such later date as may be stated in the Bank's
<br /> willful misconduct of Bank.Notwithstanding the foregoing, notice to Customer. If Customer fails to object to such
<br /> in no event shall Bank be liable for any indirect,special or change,it shall be deemed to agree to such change.
<br /> inconsequential damages incurred by Customer or any third
<br /> party arising from or in any way related to Bank acting 7.2 With respect to SWIFT in particular,
<br /> upon or refusing to act upon any SWIFT Instructions. Customer further acknowledges that the SWIFT Security
<br /> Procedures are the only security procedures offered for
<br /> 6.7.5 Customer hereby agrees to SWIFT Instructions that Customer transmits through the
<br /> indemnify and hold Bank harmless from and against any SWIFT Services. Customer has solely determined that the
<br /> losses, liabilities, claims, damages, fees, or expenses SWIFT Security Procedures best meet Customer's
<br /> whatsoever that Bank may suffer,incur or be under or that requirements with regard to the size,type and frequency of
<br /> may be brought against Bank, pursuant to, in connection the SWIFT Instructions issued by Customer to Bank using
<br /> with, or in any way related to Bank acting upon,delaying the SWIFT Services and that the SWIFT Security
<br /> in acting upon or refusing to act upon any SWIFT Procedures are a commercially reasonable method of
<br /> Instructions from Customer's BIC(s). providing security against unauthorized access to or
<br /> interception of transmissions between Customer and Bank
<br /> 6.8 Termination of SWIFT Services. In Customer acknowledges that it is bound by the terms and
<br /> addition to but not in lieu of the provisions of the Cash conditions of each SWIFT Instruction, including any
<br /> Management Master Agreement,the SWIFT Services shall request to cancel or amend a SWIFT Instruction, whether
<br /> terminate automatically in the event that: or not authorized by Customer, that Bank receives in
<br /> either party loses user status as defined in the Customer's name or under Customer's BIC(s)through the
<br /> SWIFT General Terms and Conditions of the By- SWIFT Services and in accordance with the SWIFT
<br /> laws. Security Procedures.
<br /> SWIFT has ceased to provide, and not resumed 7.3 Nothing in this Appendix shall be
<br /> providing,any of the SWIFT messaging services; deemed a representation or warranty by Bank that FTP,
<br /> Secure Web, SFT? or SWIFT communications are secure.
<br /> SWIFT,in exercise of its rights under the SWIFT Rather,after review of the alternatives,Customer has selected
<br /> Rules, has required either party to terminate the a communication method that it believes best suits its needs.
<br /> SWIFT Services;or 7.4 Bank and/or SWIFT(as applicable)may,
<br /> Bank has ceased to provide the Cash from time to time, propose different, additional or enhanced
<br /> Management Services. security procedUies to Customer. Customer understands and
<br /> agrees that if it declines to use any such enhanced procedures,
<br /> 6.9 Suspension of SWIFT Services. In it will be liable for any losses that would have been prevented
<br /> addition to but not in lieu of the provisions of the Cash by such procedures.Notwithstanding anything else contained
<br /> Management Master Agreement, either party may suspend in this Appendix,if Bank and/or SWIFT believes immediate
<br /> the use of the SWIFT Services for such period(s) as it action is required for the security of Bank, SWIFT or
<br /> considers appropriate in its absolute discretion by notice to Customer funds or data, Bank and/or SWIFT may initiate
<br /> the other party if. (a) suspension is necessary for the additional security procedures immediately and provide
<br /> purposes of(routine or emergency) maintenance; (b) for prompt subsequent notice thereof to Customer.
<br /> security or technical reasons,including a suspension of the
<br /> SWIFT messaging services by SWIFT, use of the SWIFT
<br /> messaging services is impossible or cannot be achieved
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