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6.2 Except as otherwise expressly <br />prohibited or limited by applicable law, Customer shall <br />indemnify, defend and hold harmless Bank, its successors <br />and assigns, from and against any loss, damage or other <br />claim or liability attributable to Customer's unauthorized <br />distribution or disclosure of any Software provided with the <br />Services or any other breach by Customer of any Software <br />license. The provisions of this paragraph shall survive <br />termination of this Agreement. <br />6.3 Any breach or threatened breach of this <br />Section will cause immediate irreparable injury to Bank, and <br />Customer agrees that injunctive relief, including preliminary <br />injunctive relief and specific performance, should be <br />awarded as appropriate to remedy such breach, without <br />limiting Bank's right to other remedies available in the case <br />of such a breach. Bank may apply to a court for preliminary <br />injunctive relief, permanent injunctive relief and specific <br />performance, but such application shall not abrogate Bank's <br />right to proceed with an action in a court of competent <br />jurisdiction in order to resolve the underlying dispute. <br />7. Computer Requirements. For certain Cash <br />Management Services, Customer will need to provide, at <br />Customer's own expense, a computer or similar Internet - <br />enabled device, software and Internet or other connections <br />and equipment as needed to access the Services <br />(collectively, the "Computer"). Customer's Internet or other <br />web browser software must support a minimum 128 -bit SSL <br />encryption or other security measures as Bank may specify <br />from time to time. Customer's browser must be one that is <br />certified and supported by Bank for optimal performance. <br />Customer is responsible for the installation, maintenance <br />and operation of the Computer and all related charges, <br />including without limitation all Internet service provider, <br />telephone and other similar charges incurred in connecting <br />to the Services. Customer is responsible for installing and <br />maintaining appropriate virus protection software on <br />Customer's Computer. Bank recommends that Customer <br />routinely scan the Computer using reliable virus protection <br />products, and to remove any viruses found using such <br />products. Bank is not responsible for any errors or failures <br />caused by any malfunction of the Computer. Bank is not <br />responsible for any Computer virus or related problems that <br />may be associated with access to or use of the Services, any <br />Software, the Computer or other Internet access, including <br />but not limited to any virus, Trojan horse, worm, keystroke <br />logger, rootkit, spyware, dishonest adware, crimeware or <br />other malicious or unwanted software or related problems <br />that may be associated with access to or use of the Services, <br />any Software or the Computer. Bank also is not responsible <br />for any losses or delays in transmission of information <br />Customer provides to Bank or otherwise arising out of or <br />incurred in connection with the use of any Internet or other <br />service provider providing Customer's connection to the <br />Internet or any browser software. From time to time, Bank <br />may require that Customer upgrade or install software to the <br />Computer to ensure the proper operation of the Services. <br />Customer agrees to promptly load any such upgrades or <br />additional installations upon Bank's notice to Customer. <br />8. Bank Third Parties. <br />8.1 Customer acknowledges that certain <br />third parties, agents or independent service providers <br />(hereinafter "Third Parties") may, from time to time, provide <br />services ("Third Party Services') to Bank in connection with <br />Bank's provision of the Services to Customer and that <br />accordingly, Bank's ability to provide the Services <br />hereunder may be contingent upon the continuing <br />availability of certain services from such Third Parties. <br />Third Party Services may involve the processing and/or <br />transmission of Customer's data, instructions (oral or <br />written) and funds. In addition, Customer agrees that Bank <br />may disclose Customer's financial information to such Third <br />Parties (i) where it is necessary to provide the Services <br />requested; (ii) in order to comply with laws, government <br />agency rules or orders, court orders, subpoenas or other legal <br />process or in order to give information to any government <br />agency or official having legal authority to request such <br />information; or (iii) when Customer gives its written <br />permission. <br />8.2 Bank will be responsible for the acts and <br />omissions of its Third Parties in the same manner as if Bank <br />had performed that portion of the Services itself, and no <br />claim may be brought by Customer against such Third <br />Parties. Notwithstanding the foregoing, any claims against <br />Bank (with respect to the acts or omissions of its Third <br />Parties) or its Third Parties shall be subject to the limitations <br />of liability set forth herein to the same extent as if Bank had <br />performed that portion of the Services itself. However, Bank <br />will not be deemed to be the agent of, or responsible for, the <br />acts or omissions of any person (other than its Third Parties), <br />and no such person shall be deemed Bank's agent. <br />9. Customer Communications; Security <br />Procedures. <br />9.1 In providing the Services, Bank shall be <br />entitled to rely upon the accuracy of all information and <br />authorizations received from Customer or an Authorized <br />Representative and, where applicable, the authenticity of any <br />signatures purporting to be of Customer or an Authorized <br />Representative. Customer agrees promptly to notify Bank <br />of any changes to any information or authorizations provided <br />to Bank in connection with the Services, and further agrees <br />to promptly execute any new or additional documentation <br />Bank reasonably deems necessary from time to time in order <br />to continue to provide the Services to Customer. <br />9.2 Customer agrees that it shall be solely <br />responsible for ensuring its compliance with any <br />commercially reasonable security procedures established by <br />Bank in connection with the Services, as such may be <br />amended from time to time, and that Bank shall have no <br />liability for any losses sustained by Customer as a result of a <br />breach of security procedures if Bank has complied with the <br />security procedures. <br />9.3 Bank shall be entitled to rely on any <br />written list of Authorized Representatives provided to Bank <br />by Customer until revoked or modified by Customer in <br />5 of54 1018 <br />