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01/17/2017 (2)
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01/17/2017 (2)
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10/23/2017 1:44:52 PM
Creation date
4/13/2017 12:07:15 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
01/07/2017
Meeting Body
Board of County Commissioners
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cancellation of data, Bank shall use reasonable efforts to act <br />on a request by Customer for cancellation of an Entry prior <br />to transmitting it to the ACH Operator, or in the case of an <br />On -Us Entry, prior to crediting or debiting a Receiver's <br />account, but Bank shall have no liability if such <br />cancellation is not effected. Customer shall reimburse Bank <br />for any expenses, losses, or damages Bank may incur in <br />effecting or attempting to effect the cancellation or <br />amendment of an Entry. <br />14. Reversing Entries/Files. If Customer discovers <br />that any Entry or file Customer has initiated was in error, it <br />may use the Services to correct the Entry or file by <br />initiating a reversal or adjustment, or Customer may notify <br />Bank of such error and Bank will utilize reasonable efforts <br />on behalf of Customer, consistent with the NACHA Rules, <br />to correct the Entry or file by initiating a reversal or <br />adjustment of such Entry or file. In all such cases, it shall <br />be the responsibility of Customer to notify the affected <br />Receiver that an Entry or file has been made which is at <br />variance with the authorization or is otherwise erroneous. <br />Customer indemnifies Bank against any claim by any <br />Receiver that a reversing Entry or file requested by <br />Customer is wrongful. Customer understands and <br />acknowledges that certain RDFIs may not or cannot <br />comply with such reversal and that, in such an event, Bank <br />will debit Customer's Settlement Account in the amount of <br />the provisional credit applied to the Settlement Account for <br />such Entry or file. <br />15. Notice of Returned Entries. Bank will use <br />reasonable efforts to notify Customer by phone or <br />electronic transmission of the receipt of a returned Entry <br />from the ACH Operator no later than one (1) Business Day <br />after the Business Day of such receipt. Except for an Entry <br />re -transmitted by Customer in accordance with the <br />requirements of Section 5, Transmittal of Entries by <br />Customer, Bank shall have no obligation to re -transmit a <br />returned Entry to the ACH Operator if Bank complied with <br />the terms of this Appendix with respect to the original <br />Entry. <br />16. Notifications of Change. Bank will use <br />reasonable efforts to notify Customer of each Notification <br />of Change ("NOC") or Corrected Notification of Change <br />("Corrected NOC") received by Bank related to Entries <br />transmitted by Customer within two (2) Business Days <br />after receipt thereof. Customer shall ensure that changes <br />requested by the NOC or Corrected NOC are made within <br />six (6) Business Days of Customer's receipt of the NOC or <br />Corrected NOC information from Bank or prior to initiating <br />another Entry to the Receiver's account, whichever is later. <br />17. Pre -Notification and Rejection of Pre - <br />Notification. Bank recommends that, as permitted by the <br />NACHA Rules or applicable law, Customer send pre - <br />notifications at least three (3) Business Days prior to <br />initiating an authorized Entry to a particular account in a <br />format and medium approved by the NACHA Rules. <br />Customer may also initiate a new pre -notification (i) when <br />any changes are made to an account number, financial <br />institution, or individual identification number or (ii) as <br />otherwise stated in the NACHA Rules. If Customer receives <br />notice that any such pre -notification has been rejected by <br />an RDFI, Customer will not initiate any related Entry until <br />the cause for rejection is resolved as provided in the <br />NACHA Rules. If Customer receives notice that an RDFI <br />will not receive Entries without having first received a copy <br />of the authorization signed by its customer, Customer will <br />not initiate any Entry to such customer(s) until it has <br />provided the RDFI with such authorization within the time <br />limits provided in the NACHA Rules. Customer understands <br />and acknowledges that once a pre -notification has been <br />initiated using the Services, Customer will be restricted <br />from initiating any Entry to such customer(s) for three (3) <br />Business Days. <br />18. Participant Authorization for Entries. <br />18 1 To the extent required by the NACHA <br />Rules or applicable law, Customer will obtain all consents <br />and written authorizations for all Entries in accordance <br />therewith. Such authorizations and any related disclosures <br />shall be in a form that complies with (i) all requirements of <br />the NACHA Rules and (ii) all applicable federal and state <br />laws and regulations, as the same may be amended from <br />time to time, including, without limitation, any applicable <br />requirements of Regulation E, the Federal Electronic Funds <br />Transfer Act, and sanctions enforced by OFAC Customer <br />shall obtain and maintain current information regarding <br />OFAC enforced sanctions. (This information may be <br />obtained directly from the OFAC Compliance Hotline at <br />(800) 540-OFAC or by visiting the OFAC website at <br />www.ustreas.gov/ofac.) Each Entry will be made according <br />to such authorization and shall comply with the NACHA <br />Rules. No Entry will be initiated by Customer after such <br />authorization has been revoked or the arrangement between <br />Customer and such Receiver or other party has terminated. <br />18.2 Customer shall retain all consents and <br />authorizations for the period required by the NACHA Rules. <br />Customer will furnish to Receiver, or to Bank upon its <br />request, an original or a copy of an authorization as <br />required under or for any purpose required by the NACHA <br />Rules. No investigation or verification procedure <br />undertaken by Bank shall be deemed to limit or waive <br />Customer's obligations under this Section. <br />19. Re-initiation of Entries. Customer may not re- <br />initiate Entries except as prescribed by the NACHA Rules. <br />20. Payment by Customer for Entries; Payment <br />by Bank for Entries. <br />20 1 Except as may otherwise be agreed by <br />Bank in its sole and exclusive discretion, Customer shall <br />pay Bank the amount of each credit Entry transmitted by <br />Bank pursuant to tlus Appendix at such time on the date of <br />transmittal by Bank of such credit Entry as Bank, in its <br />discretion, may determine. <br />20.2 Customer shall promptly pay Bank the <br />amount of each debit Entry returned by an RDFI pursuant <br />to this Appendix. <br />HC 48)4-6754-1549 27 of 58 022016 <br />P41 <br />
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