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Customer's ACH Entries. Unless Prefunding is required and the "Prefutding" check box is selected in the set up form at the beginning of the Service Schedule, in which case the terms of Section 8 shall control, Settlement for Customer's Entries will occur as follows, provided, however, that Bank in its sole discretion may require Prefunding at any time and debit Customer's Account in accordance with the terns of Section 8: a) Credit Entries. Bank will charge the Account on the Settlement Date for the total amount of Customer's Credit Entries. Customer agrees to have on deposit in the Account on the Settlement Date sufficient available funds to cover the total amount of Customer's Credit Entries. If Customer does not make such funds available on settlement date, Customer agrees that Bank may setoffagainst any of Customer's other accounts with Bank or against any of Customer's other property in Bank's possession. b) Debit Entries. Bank will credit Customer's Account on the Settlement Date for funds Bank receives in settlement for Customer's Debit Entries. These funds will be available to Customer on the Settlement Date; however, if arty Debit Entries are returned to Bank in accordance with the Rules; or if any Debit Entries originated by Customer were unauthorized, Bank reserves the right to charge the amount of such Debit Entries to the Account or to setoff against Customer's other account(s) or property in Bank's possession. Notwithstanding the forgoing or any provision in any other agreement between Bank and Customer or any disclosure to the contrary, Bank may, in its sole discretion, delay the availability of these funds for a period of time beyond the Settlement Date. 7. Entry Limits: Before Customer sends an Entry to Bank for processing, Bank will establish Entry Limits ("Limits') for Customer's Credit and Debit Entries. These Limits are the maximum dollar amount of accumulated ACH Credits and Debits for which settlement has not yet occurred and which, subject to the terms and conditions ofthe Agreement, maybe outstanding at any one time. There are separate Limits for Credit Entries and Debit Entries and the Limits are designated in Section I of the Service Schedule. Bank may modify Customer's Limits at Bank's sole discretion at anytime. These modifications are effective immediately and maybe implemented prior to Customer's receipt of notice of the newly established Limits. Customer may contact Bank at any time to verify Customer's current Limits. Customer agrees not to exceed the Limits. Customer acknowledges that the Limits are solely for the protection of Bank and its assets and that files containing Entries in excess of the Limas may or may not be processed at Bank's sole discretion. 8. Profundmg�equirements. If Prefunding is required by Bank, and the "Prefunding" box is selected in the set-up form at the beginning of the Service Schedule, or if Bank in its sole discretion elects to require Prefunding, the following terms will apply. As used in this section, the term "Prefunding" shall refer to the practice of debiting Customer's Account for all Credit Entries on the date such batches are received for processing by Bank, which shall be settlement for such Entries. Where Prefunding is sufficient to cover the entire Credit Entry or Entries, the Settlement Date shall occur upon the debiting of the Account. a) Pro -A— for Prefrardarg i. Customer shall send ACH Credit Origination file(s) ("Credit File(s)") to Bank according to procedures established under the Agreement ii. Customer shall ensure that on the date of submission of any Entries for Bank processing, Customer's Account has a sufficient opening available balance to pay in full all such Entries. In determining the sufficiency of the available balance in the Account, Bank shall be entitled to, but not be required to, consider intraday transactions, such as deposits or ACH credits. iii. Bank shall process the Credit File(s) on the date ofreceipt and determine on that day whetherthe Account contains sufficient funds to pay the amount of the Credit Entry or Entries in the Credit File(s). iv. If sufficient ftmds exist, then Bank shall cause the Account to be debited for the total amount of the Credit File(s) and shall thereafter process in accordance with Bank's standard procedures for Credit Entries. V. If sufficient funds do not exist at the time of Bank's review of the Account to cover the total amount of the Credit File(s), then Bank shall delete the Credit File(s) from its operating system and no further attempt shall be made to process the Credit File(s� b) Defmition of Daae ofReceip1. Date of Receipt is the date Customer submits ACH Entries to Bank for processing, provided Bank is open for business on that date and the applicable deadline for the receipt of ACH ontries has not passed If any Entries are received on a date Bank is not open for business, or if the daily processing deadline for ACH has passed Then such Entries shall be considered to have been received on the next date Bank is open for business. c) Limit of Liability. Bank shall not be liable to Customer or any other party for claims of delayed receipt or non -receipt of payments where such delay or non -receipt arises from Bank's proper enforcement of Pref reeding procedures. Relative to 18 of 29 P57