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date requested by Customer, not on the date Customer
<br />entered the transaction using the Services.
<br />3.3 Bank may handle wire
<br />received from Customer in any order convenient
<br />regardless of the order in which they are received.
<br />4. International Wires.
<br />transfers
<br />to Bank,
<br />4.1 International wire transfers (non -U.S.
<br />receivers) of foreign currency initiated and approved by
<br />Bank's cut-off time for international wire transfers of
<br />foreign currency on a Business Day, and an intemational
<br />wire transfer of U.S. currency initiated and approved by
<br />Bank's cut-off time for international wire transfers of U.S.
<br />currency on a Business Day will be processed within the
<br />industry standard delivery time (in most, but not all cases,
<br />two (2) Business Days). Foreign wire transfers may be
<br />subject to delays based on time -zone issues; the remote
<br />location of the recipient bank; cultural differences with
<br />respect to holidays and times of observation, etc., and
<br />incorrect or incomplete information being supplied by
<br />Customer.
<br />4.2 Bank shall send Customer's authorized
<br />and authenticated wire transfers to foreign banks through
<br />any bank which is a member of Bank's correspondent
<br />network. Neither Bank nor any of Bank's correspondents
<br />shall be liable for any errors, delays or defaults in the
<br />transfer of any messages in connection with such a foreign
<br />wire transfer by any means of transmission. If the wire
<br />transfer is of currency other than that of the country to
<br />which it is being transferred, it shall be payable in the
<br />currency of the country of the recipient financial institution,
<br />unless the payee arranges otherwise. If the wire transfer is
<br />received by Bank prior to any cut-off time established from
<br />time to time, the currency exchange shall be made at the
<br />rate quoted by' Bank at the time of the wire transfer.
<br />4.3 Bank makes no guarantee or
<br />representation as to the availability of funds at the foreign
<br />destination. Bank makes no express or implied warranty as
<br />to the time or date the wire transfer will arrive at the
<br />receiving bank, the amount of any fees to be charged by the
<br />receiving bank or the time or date the beneficiary will
<br />receive credit for funds.
<br />4.4 Customer understands and
<br />acknowledges that if the named beneficiary does not match
<br />the account at the receiving bank, there is a risk the
<br />beneficiary may not receive the wired funds. If the transfer
<br />is not received or credited in a timely manner, Bank will
<br />follow normal and customary procedures to complete the
<br />wire transfer, determine the location of the wired funds
<br />and/or return the funds to Customer If Bank is unable to
<br />determine that the funds have been credited to the
<br />beneficiary's account or have the funds returned, Customer
<br />assumes all financial liability or risk of loss for the amount
<br />of the wire transfer.
<br />4.5 International wire transfers are subject
<br />to any and all applicable regulations and restrictions of U.S.
<br />and foreign governments relating to foreign exchange
<br />transactions. Bank has no obligation to accept any
<br />international wire transfer(s) directed to or through persons,
<br />entities or countnes restricted by government regulation or
<br />prior Bank experience with particular countries. To the
<br />extent not otherwise prohibited by law, in connection with
<br />any international wire transfer(s) mvolvmg a transfer to or
<br />from any country outside of the U.S., Customer agrees to
<br />release and hold Bank harmless from any loss or liability
<br />which Customer may incur after Bank has executed the
<br />international wire transfer(s), including without limitation,
<br />any loss due to failure of a foreign bank or intermediary to
<br />deliver the funds to a beneficiary.
<br />5. Cancellation and Amendment of a Wire. An
<br />Authorized Representative may request that Bank attempt
<br />to cancel or amend a wire transfer previously received from
<br />Customer. If a cancellation or amendment request is
<br />received by Bank before the wire transfer is executed and
<br />with sufficient time to afford Bank an opportunity to act
<br />upon Customer's request, Bank may, on its own initiative
<br />but without obligation, make a good faith effort to act upon
<br />such request. In the event Customer's cancellation or
<br />amendment request is received after execution of
<br />Customer's wire transfer request, Bank will attempt to have
<br />the wire transfer returned. Notwithstanding the foregoing,
<br />Bank shall have no liability for the failure to effect a
<br />cancellation or amendment, and Bank makes no
<br />representation or warranty regarding Bank's ability to
<br />amend or cancel a wire transfer. Customer agrees to
<br />indemnify Bank against any loss, liability or expense which
<br />Bank incurs as a result of the request to cancel or amend a
<br />wire transfer and the actions Bank takes pursuant to such
<br />request.
<br />6. Notice of Rejection or Return. Bank shall have
<br />no liability for wire transfers sent by Bank as directed by
<br />Customer which cannot be completed or which are returned
<br />due to incorrect information furnished by Customer.
<br />Customer is required to fully complete beneficiary name,
<br />and address, as beneficiary bank may elect to return an
<br />otherwise valid wire transfer for incomplete beneficiary
<br />information. Bank may reject or impose conditions that
<br />must be satisfied before it will accept Customer's
<br />instructions for any wire transfer, in its sole discretion,
<br />including without limitation Customer's violation of this
<br />Appendix, Customer's failure to maintain a sufficient
<br />Account balance, or Bank's belief that the wire transfer
<br />may not have in fact been authorized. A wire transfer may
<br />also be rejected by an intermediary or beneficiary bank
<br />other than Bank, or by operation of law. If a wire transfer is
<br />rejected by Bank, Bank will notify Customer by telephone,
<br />by electronic means, by facsimile or by mail, depending on
<br />the method of origination. Upon rejection or retum, Bank
<br />shall have no further obligation to act upon a wire transfer,
<br />nor shall Bank have any liability to Customer due to
<br />rejection by another person in the wire transfer process, or
<br />the fact that notice was not given or was not given at an
<br />earlier time, or within any specified time of receipt,
<br />acceptance, execution or payment of any wire transfer.
<br />7. Security Procedure.
<br />7.1 Customer agrees that the security
<br />procedures used by Customer and set forth or incorporated by
<br />reference in this Appendix and/or associated documents,
<br />including but not limited to the Bank Internet System
<br />Appendix, are a commercially reasonable method of
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