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A TRUE COPY CERTIFICATION (BEd LAST PAGE J.R. SMITH, CLERK 9.3 Bank shall be entitled to rely on any Bank, subject to any limitation imposed on Customer by written list of Authorized Representatives provided to Bank law enforcement or applicable law. by Customer until revoked or modified by Customer in writing. Customer agrees that Bank may refuse to comply 9.6 BANK'S SECURITY PROCEDURES with requests from any individual until Bank receives ARE STRICTLY CONFIDENTIAL AND SHOULD BE documentation reasonably satisfactory to it confirming the DISCLOSED ONLY TO THOSE INDIVIDUALS WHO individual's authority. Bank shall be entitled to rely on any ARE REQUIRED TO KNOW THEM OR AS notice or other writing believed by it in good faith to be OTHERWISE PROVIDED BY LAW. IF A SECURITY genuine and correct and to have been signed by an PROCEDURE INVOLVES THE USE OF ACCESS Authorized Representative. Bank may also accept verbal DEVICES, THE CUSTOMER SHALL BE instructions from persons identifying themselves as an RESPONSIBLE TO SAFEGUARD THESE ACCESS Authorized Representative, and Bank's only obligation to DEVICES AND MAKE THEM AVAILABLE ONLY TO verify the identity of such person as an Authorized DESIGNATED INDIVIDUALS. CUSTOMER HAS THE Representative shall be to call back such person at a SOLE RESPONSIBILITY TO INSTRUCT THOSE telephone number(s) previously provided to Bank by INDIVIDUALS THAT THEY MUST NOT DISCLOSE Customer as part of the Account or Services' Setup OR OTHERWISE MAKE AVAILABLE TO Form(s). Bank may,but shall have no obligation to, call UNAUTHORIZED PERSONS THE SECURITY back an Authorized Representative other than the PROCEDURE OR ACCESS DEVICES. CUSTOMER Authorized Representative from whom Bank purportedly HAS THE SOLE RESPONSIBILITY TO ESTABLISH received an instruction. Bank may, but shall have no AND MAINTAIN ITS OWN PROCEDURES TO obligation to, request additional confirmation, written or ASSURE THE CONFIDENTIALITY OF ANY verbal, of an instruction received from an Authorized PROTECTED ACCESS TO THE SECURITY Representative via telephone at any time or for any reason PROCEDURE. whatsoever prior to executing the instruction. Bank may also in its discretion require the use of security codes for 10. Fraud Detection / Deterrence; Positive Pay. Authorized Representatives and/or for receiving Bank offers certain products and services such as Positive instructions or items from Customer. Customer Pay(with or without payee validation),ACH Positive Pay, understands and agrees, and Customer shall advise each and Account blocks and filters that are designed to detect Authorized Representative that, Bank may, at Bank's and/or deter check, automated clearing house ("ACH") or option, record telephone conversations regarding other payment system fraud. While no product or service instructions received from an Authorized Representative. will be completely effective, Bank believes that the products and services it offers will reduce the likelihood 9.4 Any security procedures maintained by that certain types of fraudulent items or transactions will be Bank are not intended to detect errors in the content of an paid against Customer's Account. Failure to use such instruction received from Customer or Customer's products or services could substantially increase the Authorized Representative. Any errors in an instruction likelihood of fraud. Customer agrees that if, after being from Customer or Customer's Authorized Representative informed by Bank or after Bank otherwise makes shall be Customer's sole responsibility. Customer agrees information about such products or services available to that all security procedures described in this Agreement and Customer consistent with Section 27 of this Agreement, applicable Appendix are commercially reasonable and that Customer declines or fails to implement and use any of Bank may charge Customer's Account for any instruction these products or services, or fails to follow these and that Bank executed in good faith and in conformity with the other Bank-identified or recommended precautions security procedures, whether or not the transfer is in fact reasonable for Customer's particular circumstances, authorized. Customer will be precluded from asserting any claims against Bank for paying any unauthorized, altered, 9.5 Customer agrees to adopt and counterfeit or other fraudulent item that such product, implement its own commercially reasonable internal service, or precaution was designed to detect or deter, policies, procedures and systems to provide security to and Bank will not be required to re-credit Customer's information being transmitted and to receive, store, Account or otherwise have any liability for paying such transmit and destroy data or information in a secure manner items, except to the extent that Bank has failed to to prevent loss, theft or unauthorized access to data or exercise the required standard of care under the information("Data Breaches'). Customer also agrees that it Uniform Commercial Code. will promptly investigate any suspected Data Breaches and monitor its systems regularly for unauthorized intrusions. 11. Duty to Inspect. Customer is responsible for Customer will provide timely and accurate notification to monitoring all Services provided by Bank, including each Bank of any Data Breaches when known or reasonably individual transaction processed by Bank, and notifying suspected by Customer and will take all reasonable Bank of any errors or other problems within ten (10) measures,which may include,without limitation, retaining Calendar Days (or such longer period as may be required and/or utilizing competent forensic experts, to determine by applicable law) after Bank has made available to the scope of and data or transactions affected by any Data Customer any report,statement or other material containing Breaches, and promptly providing all such information to or reflecting the error, including an Account analysis statement or on-line Account access. Except to the extent 6Of 58 0916