Common use of ACCOUNT DEBITING Clause in Contracts

ACCOUNT DEBITING. A. On or prior to Company’s payroll direct deposit and/or payroll tax deposit date or other applicable settlement or due date, Company authorizes Provider to initiate debit entries to Company’s account specified above (“Company’s Account”) at the depository financial institution the Routing Number of which is given above (“Depository”), and to debit Company’s Account in such amounts as are necessary to (i) fund Company’s direct deposits, (ii) pay any fees or charges associated with the Service, including, without limitation, finance charges, (iii) pay Company’s payroll taxes, (iv) pay any debit, correcting or reversing entry initiated pursuant to this Agreement which is later returned to Provider, and (v) pay any other amount that is owing under this Agreement or in connection with the Service. This authorization is to remain in full force and effect until Provider has received written notice from Company of its termination in such time and such manner as to afford Provider and Depository a reasonable opportunity to act upon it. Company will maintain in Company’s Account as of the applicable settlement date and time immediately available funds sufficient to cover all credit entries Company originates through Provider. Company’s obligation to pay Provider for each credit entry matures at the time Provider transmits or otherwise delivers the credit entry to the Automated Clearing House (“ACH”) or gateway operator and is unaffected by termination of the Service. Provider may set off against any amount it or an Affiliate owes to Company in order to obtain payment of Company’s obligation as set forth in this Agreement. Company acknowledges that the origination of ACH transactions to its account must comply with the provisions of U.S. law. Amounts withdrawn for payroll taxes will be held by Provider at Provider’s financial institution (the “Payroll Tax Account”) until such time as those payments are due to the appropriate taxing agencies, and no interest will be paid to the Company on these amounts. B. If Company does not have sufficient funds in Company’s Account to pay disbursements, fees, payroll taxes or any other amounts due under this Agreement at the time required, or if Company refuses to pay, Provider may (i) debit the Payroll Tax Account or any account at Provider’s financial institution or any Affiliate owned in whole or in part by Company to pay disbursements, fees or charges, payroll taxes, or other amounts due, (ii) refuse to pay any unremitted payroll taxes, in which case the payroll tax liability will become the sole responsibility of Company, (iii) refuse to perform further services, and/or (iv) immediately terminate this Agreement. Provider may assess finance charges on any amounts owing and unpaid ten (10) days after demand. Finance charges are assessed at a rate of 1.5% per month (18% per annum) or the highest amount permitted by law, whichever is less. Provider may recover from Company any costs including, without limitation, reasonable attorneys’ fees and expert witnesses’ fees Provider may incur in connection with any termination of this Agreement or collection of amounts due hereunder.

ACCOUNT DEBITING. A. On or prior to Company’s 's payroll direct deposit and/or payroll tax deposit date or other applicable settlement or due date, Company authorizes Provider LTS to initiate debit entries to Company’s 's account specified above (“"Company’s 's Account”") at the depository financial institution institution, the Routing Number of which is given above identified on LTS’ Payroll Processing Drafting Form (“"Depository”"), and to debit Company’s 's Account in such amounts as are necessary to (ia) fund Company’s 's direct deposits, (iib) pay any fees or charges associated with the Service, including, without limitation, finance charges, (iiic) pay Company’s 's payroll taxes, (ivd) pay any debit, correcting or reversing entry initiated pursuant to this Agreement which is later returned to ProviderLTS, and (ve) pay any other amount that is owing becomes owed under this Agreement or in connection with the ServiceAgreement. This authorization is to remain in full force and effect until Provider LTS has received written notice from Company of its termination in such time and such manner as to afford Provider LTS and Depository a reasonable opportunity to act upon it. Company will maintain in Company’s 's Account as of the applicable settlement date and time time, immediately available funds sufficient to cover all credit entries Company originates through ProviderLTS. Company’s 's obligation to pay Provider LTS for each credit entry matures at the time Provider LTS transmits or otherwise delivers the credit entry to the Automated Clearing House (“"ACH”") or gateway operator and is unaffected by termination of the Service. Provider may set off against any amount it or an Affiliate owes to Company in order to obtain payment of Company’s obligation as set forth in this Agreement. Company acknowledges that the origination of ACH transactions to its account must comply with the provisions of U.S. law. Amounts withdrawn for payroll taxes will be held by Provider LTS at Provider’s LTS’ financial institution (the “"Payroll Tax Account”") until such time as those payments are due to the appropriate taxing agencies, and no interest will be paid to the Company on these amounts. B. . If Company does not have sufficient funds in Company’s 's Account to pay disbursements, fees, payroll taxes or any other amounts due under this Agreement at the time required, or if Company refuses to pay, Provider may LTS shall notify Company immediately by telephone and in writing, and shall (i) debit the Payroll Tax Account or any account at Provider’s financial institution or any Affiliate owned in whole or in part by Company to pay disbursements, fees or charges, payroll taxes, or other amounts due, (iia) refuse to pay any collected or collected but unremitted payroll taxes, in which case the payroll tax liability will become the sole responsibility of Company, (iiib) refuse to perform further services, (c) refund monies due to Company, less any amounts owed to LTS and/or (ivd) immediately terminate this Agreement. Provider may assess finance charges on any amounts owing LTS shall charge a fee of $25.00 for all drafts returned due to non-sufficient funds. Should the service be recommenced after the resolution of Company's account, LTS reserves the right to require Company's pre-payment of the next four pay cycles, and unpaid ten (10) days after demand. Finance charges are assessed at in the case of tax filings, request a rate of 1.5% per month (18% per annum) or the highest amount permitted by law, whichever is less. Provider may recover from Company any costs including, without limitation, reasonable attorneys’ fees and expert witnesses’ fees Provider may incur in connection with any termination of this Agreement or collection of amounts due hereunderretainer.

ACCOUNT DEBITING. A. On or prior to Company’s payroll direct deposit and/or payroll tax deposit date or other applicable settlement or due date, Company authorizes Provider to initiate debit entries to CompanyCom pany’s account specified above (“Company’s Account”) at the depository financial institution the Routing Number of which is given above (“Depository”), and to debit Company’s Account in such amounts as are necessary to (ia) fund Company’s direct deposits, (iib) pay any fees or charges associated with the Service, including, without limitation, finance charges, (iiic) pay Company’s payroll taxes, (ivd) pay any debit, correcting or reversing entry initiated pursuant to this Agreement which is later returned to Provider, and (ve) pay any other amount that is owing becomes owed under this Agreement or in connection with the ServiceAgreement. This authorization is to remain in full force and effect until Provider has received written notice from Company of its termination in such time and such manner as to afford Provider and Depository a reasonable opportunity to act upon it. Company will maintain in Company’s Account as of the applicable settlement date and time immediately available funds sufficient to cover all credit entries Company originates through Provider. CompanyCompany ’s obligation to pay Provider for each credit entry matures at the time Provider transmits or otherwise delivers the credit entry to the Automated Clearing House (“ACH”) or gateway operator and is unaffected by termination of the Service. Provider may set off against any amount it or an Affiliate owes to Company in order to obtain payment of Company’s obligation as set forth in this Agreement. Company acknowledges that the origination of ACH transactions to its account must comply with the provisions of U.S. law. Amounts withdrawn for payroll taxes will be held by Provider at Provider’s financial institution (the “Payroll Tax Account”) until such time as those payments are due to the appropriate taxing agencies, and no interest will be paid to the Company on these amounts. B. If Company does not have sufficient funds in Company’s Account to pay disbursements, fees, payroll taxes or any other amounts due under this Agreement at the time required, or if Company refuses to pay, Provider may (ia) debit the Payroll Tax Account or any account at Provider’s financial institution or any Affiliate owned in whole or in part by Company to pay disbursements, fees or charges, payroll taxes, or other amounts due, (iib) refuse to pay any collected or collected but unremitted payroll taxes, in which case the payroll tax liability will become the sole responsibility of Company, (iiic) refuse to perform further services, and/or (ivd) immediately terminate this Agreement. Provider may assess finance charges on any amounts owing and unpaid ten (10) days after demand. Finance charges are assessed at a rate of 1.5% per month (18% per annum) or the highest amount permitted by law, whichever is less. Provider may recover from Company any costs including, without limitation, reasonable attorneys’ fees and expert witnesses’ fees Provider may incur in connection with any termination of this Agreement or collection of amounts due hereunder.

ACCOUNT DEBITING. A. On or prior to Upon Company’s approval of a payroll direct deposit and/or payroll tax deposit date or other applicable settlement or due datefile for processing, Company authorizes Provider to initiate Bank will debit entries to Company’s designated payroll account specified above (“Company’s Account”) at for the depository financial institution total amount of the Routing Number of payroll file, which is given above (“Depository”), and to debit Company’s Account in such amounts as are will include the amount necessary to (ia) fund Company’s direct deposits, (ii) pay any fees or charges associated with the Service, including, without limitation, finance charges, (iiib) pay Company’s payroll taxes, and (ivc) fund any other disbursements, fees or amounts due as a result of the payroll processed. Company’s Account must have sufficient available funds on the date the payroll file is approved (which could be in advance of the date the payroll will be processed). Company will maintain in Company’s Account as of the applicable payroll file approval date an available balance sufficient to cover the entire amount of the payroll file and shall otherwise maintain sufficient collected funds in Company’s Account to cover all of Company’s payment obligations to Bank. If sufficient funds are not available in Company’s Account on the date Company approves the payroll file, the payroll file will be suspended. An Online Payroll Non-sufficient Funds (NSF) fee will be assessed for each business day that there are non-sufficient available funds in Company’s Account for the applicable payroll file. Bank will check for available funds up until one business day prior to the intended settlement date of the payroll file, and if sufficient funds become available during that time, the payroll file will be processed. The payroll file will be deleted if sufficient funds are not available in Company’s Account one business day prior to the intended settlement date of the payroll file. A Non-sufficient Funds (NSF) penalty will be assessed for each business day the funds remain unavailable, up until the date that the payroll file is processed or deleted. Company also authorizes Bank to debit Company’s Account to pay any debit, correcting or reversing entry initiated pursuant to this Agreement which is later returned to ProviderBank, and (v) to pay any other amount that is owing under this Agreement related to the Service, including, without limitation, fees or in connection other charges associated with the ServiceService including finance charges. This authorization is to remain in full force and effect until Provider has received written notice from Company of its termination in such time and such manner as to afford Provider and Depository a reasonable opportunity to act upon it. Company will maintain in Company’s Account as of the applicable settlement date and time immediately available funds sufficient to cover all credit entries Company originates through Provider. Company’s obligation to pay Provider for each credit entry matures at the time Provider transmits or otherwise delivers the credit entry to the Automated Clearing House (“ACH”) or gateway operator and is unaffected by termination of the Service. Provider Bank may set off against any amount it or an Affiliate owes to Company in order to obtain payment of Company’s obligation as set forth in this Agreement. Company acknowledges that the origination of ACH transactions to its account must comply with the provisions of U.S. lawobligations. Amounts withdrawn for payroll taxes will be held by Provider at Provider’s financial institution Bank (the “Payroll Tax Account”) until such time as those payments are due to the appropriate taxing agencies, and no interest will be paid to the Company on these amounts. B. . If Company does not have sufficient funds in Company’s Account to pay disbursements, fees, payroll taxes or any other amounts due under this Agreement at the time required, or if Company refuses to pay, Provider Bank may (ia) debit the Payroll Tax Account or any other account of Company or an affiliate under common ownership with Company which is held at Provider’s financial institution Bank or any Affiliate owned in whole or in part by Company an affiliate of Bank to pay disbursements, fees or charges, payroll taxes, or other amounts due, (iib) refuse to pay any collected or collected but unremitted payroll taxes, in which case the payroll tax liability will become the sole responsibility of Company, (iiic) refuse to perform further services, and/or (ivd) immediately terminate this Agreement. Provider Bank may assess finance charges on any amounts owing and unpaid ten (10) days after demand. Finance charges are assessed at a rate of 1.5% per month (18% per annum) or the highest amount permitted by law, whichever is less. Provider Bank may recover from Company any costs including, without limitation, reasonable attorneys’ fees and expert witnesses’ fees Provider Bank may incur in connection with any termination of this Agreement or collection of amounts due hereunder.

ACCOUNT DEBITING. A. On or prior to Company’s payroll direct deposit and/or payroll tax deposit date or other applicable settlement or due date, Company authorizes Provider to initiate debit entries to Company’s account specified above (“Company’s Account”account(s) at the depository financial institution the Routing Number of which is given above (“Depository”), and to debit Company’s Account account(s) in such amounts as are necessary to (i) fund Company’s direct deposits, (ii) pay any fees or charges associated with the Service, including, without limitation, finance charges, (iii) pay Company’s payroll taxes, (iv) pay any debit, correcting or reversing entry initiated pursuant to this Agreement which is later returned to Provider, and (v) pay any other amount that is owing under this Agreement or in connection with the Service. This authorization is to remain in full force and effect until Provider has received written notice from Company of its termination in such time and such manner as to afford Provider and Depository a reasonable opportunity to act upon it. Company will maintain in Company’s Account as of the applicable settlement date and time immediately available funds sufficient to cover all credit entries Company originates through Provider. Company’s obligation to pay Provider for each credit entry matures at the time Provider transmits or otherwise delivers the credit entry to the Automated Clearing House (“ACH”) or gateway operator and is unaffected by termination of the Service. Provider may set off against any amount it or an Affiliate owes to Company in order to obtain payment of Company’s obligation as set forth in this Agreement. Company acknowledges that the origination of ACH transactions to its account must comply with the provisions of U.S. law. Amounts withdrawn for payroll taxes will be held by Provider at Provider’s financial institution (the “Payroll Tax Account”) until such time as those payments are due to the appropriate taxing agencies, and no interest will be paid to the Company on these amounts. B. If Company does not have sufficient funds in Company’s Account account(s) to pay disbursements, fees, payroll taxes or any other amounts due under this Agreement at the time required, or if Company refuses to pay, Provider may (i) debit the Payroll Tax Account or any account at ProviderCompany’s financial institution or any Affiliate owned in whole or in part by Company or any personal account(s) owned in whole or in part by business owners, officers, or shareholders of Company to pay disbursements, fees or charges, payroll taxes, or other amounts due, (ii) refuse to pay any unremitted payroll taxes, in which case the payroll tax liability will become the sole responsibility of Company, (iii) refuse to perform further services, and/or (iv) immediately terminate this Agreement. Provider may assess finance charges to the extent allowed by law on any amounts owing and unpaid ten (10) days after demand. Finance charges are assessed at a rate of 1.5% per month (18% per annum) or the highest amount permitted by law, whichever is less. Provider may recover from Company any costs including, without limitation, reasonable attorneys’ fees and expert witnesses’ fees Provider may incur in connection with any termination of this Agreement or collection of amounts due hereunder.