Access to the Lockbox. The Bank shall have sole access to the Lockbox and shall, on each day that both the Bank and U.S. Postal Service are open for business to conduct substantially all of their usual business, collect mail (including Remittances) from the Lockbox. Unless otherwise notified in writing by Customer as stated below, the Bank shall process all Remittances received in the Lockbox for deposit to an Account of Customer which designates as payee(s) any name or names which appear on the Lockbox Implementation Questionnaire (or such other Set Up Form that Bank may provide Customer from time to time) completed between the Bank and Customer or which, in the Bank’s sole judgment and discretion, appropriately resemble such names. The Bank shall return cash remittances to Customer’s Account at the Bank that is stated on the Lockbox Implementation Questionnaire and forward other items of intrinsic value received in the Lockbox to Customer; provided, that Bank shall have no liability for any items of intrinsic value that Customer or any of Customer’s clients claim have been sent to or received in the Lockbox. The Bank shall also forward at Customer’s expense, in accordance with Customer’s written notification, items specifically described in the Lockbox Implementation Questionnaire which are received in the Lockbox and which Customer does not wish to have processed, provided, however, that in no event shall Bank be liable to Customer or any third party for Losses resulting from its failure to honor Instructions enclosed with or appearing on an item asserting, in substance, that such item represents payment of a specific part or all of an obligation, or which states that it corresponds to any particular invoice or like document not enclosed with the item.
