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c) Confirmation; Account Reconciliation. Bank will provide notice of all ACH Entries to Customer's Account on Customer's
<br />periodic Account statement. If Customer uses Bank's information/balance repotting services, Customer can also receive notice through various
<br />mailed reports or terminal printouts. Customer is responsible for detecting and reporting to Bank any discrepancy between Customer's records and
<br />the records Banc provides to Customer. If Customer does not detect and notify Bank of such a discrepancy within 30 days of Customer's receipt
<br />of any terminal printout, mailed report or periodic statement ("Report"), whichever is received first, then Customer will not be entitled to interest
<br />from Bank on any amount refundable to Customer.
<br />d) Alternative Transfer of Funds. Solely at Bank's option, Bank may elect to accomplish the movement of funds requested by
<br />Customer's Entries via wire transfer. In the event that Bank elects this option, Customer agrees to execute and be bound by Bank's standard wire
<br />transfer agreement and to comply with Bank's normal wire transfer procedures. Should Bank elect this option, Bank will attempt to send the wire
<br />or wires on the Effective Entry Date specified in Customer's file(s). If Customer's Account does not contain sufficient collected balances to fiord
<br />the wire, or if the receiving institution returns any drawdown wire, Bank may reject the Entry or Entries without liability to Customer. If Bank
<br />rejects an Entry, Bank will make reasonable efforts to notify Customer the same day. Bank will not be Gable to Customer for Bank's rejection of
<br />an Entry, or for interest on the amount of a rejected Entry, regardless of the amount of Customer's Account balance. Except for the method of
<br />delivery, which will be governed by the provisions of Bank's wire transfer agreement, and the foregoing terms for the execution of transactions
<br />against collected balances, Bank's election of this option will not affect any other provision ofthis Article, the General Terns, or the Documentation,
<br />including but not limited to provisions related to dee Limits.
<br />C) Use of Third Party Service Providers. If Customer uses a third party service provider to deliver Customer's files to Bank or
<br />to perform any other actions in connection with the Services provided heretmder, that third party will be considered Customer's agent. All terms
<br />of the Agreement will apply to the actions or failure to act of such third party service provider and Customer will be legally bound by all acts and
<br />omissions of such third party service provider. Customer agrees to cause any such third party service provider to execute any agreements or other
<br />fours Bank may specify prior to conducting any transactions on Customer's behalt
<br />M Responsibilities as a Third Party Payment Processor. Customer agrees that, if Customer uses the ACH Service provided by Bank to
<br />initiate any ACH Entries for Customer's clients or any person or entity other than Customer (a "Client', the following provisions shall apply.
<br />a) Payment Processing By providing payment processing services to third parties, Customer is considered a "!bird Party
<br />Payment Processor." Customer acknowledges that, as a regulated financial institution. Bank is expected to monitor the payment processing services
<br />it provides, either directly to Bank's customers or indirectly through a Third Party Payment Processor. Customer agrees to provide Bank and any
<br />regulatory agency having jurisdiction over Bank (a "Regulatory Agency") with such information and reasonable assistance as may be necessary
<br />for the Bank or a Regulatory Agency to evaluate Customer's payment processing activities. Customer acknowledges and agrees that, by initiating
<br />any ACH Entry for a Client, Customer may be subjecting itself to the jurisdiction of such Regulatory Agencies. Customer also agrees.that it shall
<br />not use the ACH Service to provide payment processing services to any other Third Party Payment Processor unless Bank, in its sole discretion,
<br />agrees in writing that the Service may be so used.
<br />b) Customers Clients. At Bank's request, Customer shall provide Banc with a written list identifying each Client for which
<br />Customer then initiates ACH Entries using the ACH Service (the "Client List"), and also shall provide an updated Client List upon request
<br />Customer agrees to provide Bank with any information about a Client that Bank may request in order to identify the Client or to understand the
<br />type and extent of the Client's business. In the eventthat Bank, in its sole discretion and at any time, determines that any Client is unacceptable to
<br />Bank, Bank shall notify Customer. Bank's notice may () prohibit Customer from using arty Account or Service to perform payment processing
<br />for that Client, or (ii) place conditions on Customer's use of any Account or Service to perform payment processing for that Client.
<br />C) Additionallnformation. Customer acknowledges diet, as a condition to allowing Customer to initiate or to continue initiating
<br />ACH Entries for Clients, Bank may require Customer (i) to provide Bank with additional information about Customer and its Clients upon request;
<br />and/or (ii) to enter into a Payment Processing Addendum under which Customer shall periodically provide Bank with specified information about
<br />Customer and its Clients.
<br />d) Applicable laws. Customer shall comply with any and all applicable federal, state, and local laws, statutes, ordinances,
<br />orders, codes, rules, regulatory guidance, regulations that govern or relate the payment processing services provided by Customer to Clients
<br />('including without limitation all consumer protection laws and all laws restricting business with any individual, entity or country identified on any
<br />list of Specially Designated Nationals or sanctioned countries that is issued from time to time by the Office of Foreign Asset Control of the United
<br />States Department of the Treasury (collectively, the "OFAC List'), as they may be amended from time to time ("Applicable Laws"). Customer
<br />shall comply with and bear the costs required by any change in Applicable Laws. Customer agrees not to take any action that shall render Bank
<br />liable for any violations of Applicable Laws.
<br />e) Prohibited Clients. Bank, in its sole discretion, may determine not to provide payment processing services, directly or
<br />indirectly, to particular types of business. Bank may provide Customer with its list of any types of businesses for which Bank will not provide
<br />payment processing services (the "Prohibited Business List'!, and Customer agrees not to use any Account or Service to perform payment
<br />processing for any Client that is engaged in a type of business included on Bank's current Prohibited Business List
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