Common use of Compliance and Indemnification Clause in Contracts

Compliance and Indemnification. You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and will handle the original items in accordance with applicable laws, rules and regulations. Any image of a check that you transmit using the Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements In the event any item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such item from your account. You are responsible for any loss or overdraft plus any applicable fees to your account due to an item being returned. You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the Internet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our branches or at a Credit Union Shared Branch location or at a Depository ATM or by mailing the original check to Energy Plus Credit Union at its then current address. It is your sole responsibility to verify that items deposited using the Services and Application have been received and accepted for deposit. Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction. You make the following warranties and representations with respect to each image of an original check you transmit to utilizing the Application: • Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • You will NOT deposit or otherwise indorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already been paid. • Do not deposit a third party check, foreign check, stale−dated check (check past the expiration date), post−dated check (a dated check with a future date), or a savings bond. If your check has been submitted through mobile deposit, do not in any way submit it again or take it to another financial institution to deposit. ALL duplicate checks will be rejected and may be a reason for Mobile Check Deposit to be disabled on your account. Any altered checks will be rejected. • Other than the digital image of an original check that you remotely deposit through the Application, there are no other duplicate images of the original check. • You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. • You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item. • The information you provided remains true and correct and, in the event any such information changes, you will immediately notify us of the change. • You have not knowingly failed to communicate any material information to us. • You have possession of each original check deposited using the Application and no one will submit, or has submitted, the original check for payment. • Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems. • In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below. You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the Service and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non−party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, and agents, licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.

Compliance and Indemnification. You agree to use the products product and Service Services for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and will handle the original items in accordance with applicable laws, rules and regulations. Any image of a check that you transmit using the Application Services must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements endorsements. You are responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned. In the event any item that you transmit for remote mobile deposit that is credited to your account is dishonored, you authorize us to debit the amount of such item from your account. You are responsible for any loss or overdraft plus any applicable fees to your account due to an item being returned. You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the Internet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our Bank branches or at a Credit Union Shared Branch location or at a Depository ATM or by mailing the original check to Energy Plus Credit Union Bank at its then our current address. It is your sole responsibility to verify that items deposited using the Services and Application have been received and accepted for deposit. Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service Services organizations involved in a transaction. You make the following warranties and representations with respect to each image of an original check you transmit to when utilizing the ApplicationServices: •  Each image of a check transmitted to us use is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. •  The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • You will NOT not deposit or otherwise indorse endorse to a third party the original item (the original check) check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already been paid. • Do not deposit a third party check, foreign check, stale−dated check (check past the expiration date), post−dated check (a dated check with a future date), or a savings bond. If your check has been submitted through mobile deposit, do not in any way submit it again or take it to another financial institution to deposit. ALL duplicate checks will be rejected and may be a reason for Mobile Check Deposit to be disabled on your account. Any altered checks will be rejected. • Other than the digital image of an original check that you remotely deposit through the ApplicationServices, there are no other duplicate images of the original check. • You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. • You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item. • The information you provided remains true and correct and, in the event any such information changes, you will immediately notify us of the change. • You have not knowingly failed to communicate any material information to us. • You have possession of each original check deposited using the Application Services and no one will submit, or has submitted, the original check for payment. • Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your the network, data, or related systems. • In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below. You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the Service and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non−party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, and agents, licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalfbreach.

Compliance and Indemnification. You agree to use the products product and Service Services for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and will handle the original items in accordance with applicable laws, rules and regulations. Any image of a check that you transmit using the Application Services must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements endorsements. You are responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned. In the event any item that you transmit for remote mobile deposit that this is credited to your account is dishonored, you authorize us to debit the amount of such item from your account. You are responsible for any loss or overdraft plus any applicable fees to your account due to an item being returned. You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the Internet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our Bank branches or at a Credit Union Shared Branch location or at a Depository ATM or by mailing the original check to Energy Plus Credit Union Bank at its then our current address. It is your sole responsibility to verify that items deposited using the Services and Application have been received and accepted for deposit. Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service Services organizations involved in a transaction. You make the following warranties and representations with respect to each image of an original check you transmit to when utilizing the ApplicationServices: •  Each image of a check transmitted to us use is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. •  The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • You will NOT not deposit or otherwise indorse endorse to a third party the original item (the original check) check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already been paid. • Do not deposit a third party check, foreign check, stale−dated check (check past the expiration date), post−dated check (a dated check with a future date), or a savings bond. If your check has been submitted through mobile deposit, do not in any way submit it again or take it to another financial institution to deposit. ALL duplicate checks will be rejected and may be a reason for Mobile Check Deposit to be disabled on your account. Any altered checks will be rejected. • Other than the digital image of an original check that you remotely deposit through the ApplicationServices, there are no other duplicate images of the original check. • You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. • You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item. • The information you provided remains true and correct and, in the event any such information changes, you will immediately notify us of the change. • You have not knowingly failed to communicate any material information to us. • You have possession of each original check deposited using the Application Services and no one will submit, or has submitted, the original check for payment. • Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your the network, data, or related systems. • In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below. You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the Service and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non−party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, and agents, licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalfbreach.

Compliance and Indemnification. You agree to use the products and Service Services for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and will handle the original items in accordance with applicable laws, rules and regulations. Any image of a check that you transmit using the Application Services must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements endorsements. You are responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned. In the event any item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such item from your account. You are responsible for any loss or overdraft account plus any applicable fees to your account due to an item being returnedfees. You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the Internet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our Bank branches or at a Credit Union Shared Branch location or at a Depository ATM or by mailing the original check to Energy Plus Credit Union Bank at its then current your branch’s address. It is your sole responsibility to verify that items deposited using the Services and Application have been received and accepted for deposit. Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction. You make the following warranties and representations with respect to each image of an original check you transmit to when utilizing the ApplicationServices: • Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • You will NOT not deposit or otherwise indorse endorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already been paid. • Do not deposit a third party check, foreign check, stale−dated check (check past the expiration date), post−dated check (a dated check with a future date), or a savings bond. If your check has been submitted through mobile deposit, do not in any way submit it again or take it to another financial institution to deposit. ALL duplicate checks will be rejected and may be a reason for Mobile Check Deposit to be disabled on your account. Any altered checks will be rejected. • Other than the digital image of an original check that you remotely deposit through the ApplicationServices, there are no other duplicate images of the original check. • You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. • You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item. • The information you provided remains true and correct and, in the event any such information changes, you will immediately notify us of the change. • You have not knowingly failed to communicate any material information to us. • You have possession of each original check deposited using the Application Services and no one will submit, or has submitted, the original check for payment. • Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your our network, data, or related systems. • In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below. Eligible Items You agree to indemnify scan and hold us harmlessdeposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Regulation CC”). When the image of the check transmitted to Bank is converted to an Image Replacement Document for subsequent presentment and collection, along with our directors, officers, employees, shareholders, it shall thereafter be deemed an “item” within the meaning of Articles 3 and agents from 4 of the Uniform Commercial Code. Endorsements and against Procedures You agree to restrictively endorse any item transmitted through the Services as “For Deposit Only” or as otherwise instructed by Bank. You agree to follow any and all liabilities, losses, costs, expenses (including reasonable attorney’s fees), other procedures and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your instructions for use of the Service Services as Bank may establish from time to time. Availability of Funds You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Services is received and Application; (3) any breach accepted before 5:00 p.m. CST / 4:00 p.m. MST on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available the next business day from the day of deposit. Deposit Limits We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement by you; and/or (4) your violation of any law or of any rights of any non−party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholdersAgreement, and agentswe will not be obligated to allow such a deposit at other times. Daily and monthly deposit limits may vary for users of other Services. Errors in Transmission By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors. Image Quality The image of an item transmitted to Bank using the Services must be legible, licensorsas determined at the sole discretion of Bank. Each Without limiting the foregoing, the image quality of these individuals the items must comply with the requirements established from time to time by Bank, the Board of Governors of the Federal Reserve Board, or entities expressly retains any other regulatory agency, clearinghouse or association. Presentment The manner in which the right items are cleared, presented for payment, and collected shall be at Bank’s sole discretion subject to assert the Agreement governing your account. User Warranties and enforce those provisions directly against you on its own behalf.Indemnification You warrant to Bank that:

Compliance and Indemnification. You agree to use the products and Service Services for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and will handle the original items in accordance with applicable laws, rules and regulations. Any image of a check that you transmit using the Application Services must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements endorsements. You are responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned. In the event any item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such item from your account. You are responsible for any loss or overdraft account plus any applicable fees to your account due to an item being returnedfees. You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the Internet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our Bank branches or at a Credit Union Shared Branch location or at a Depository ATM or by mailing the original check to Energy Plus Credit Union Bank at its then current your branch’s address. It is your sole responsibility to verify that items deposited using the Services and Application have been received and accepted for deposit. Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction. You make the following warranties and representations with respect to each image of an original check you transmit to when utilizing the ApplicationServices: • Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • You will NOT not deposit or otherwise indorse endorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already been paid. • Do not deposit a third party check, foreign check, stale−dated check (check past the expiration date), post−dated check (a dated check with a future date), or a savings bond. If your check has been submitted through mobile deposit, do not in any way submit it again or take it to another financial institution to deposit. ALL duplicate checks will be rejected and may be a reason for Mobile Check Deposit to be disabled on your account. Any altered checks will be rejected. • Other than the digital image of an original check that you remotely deposit through the ApplicationServices, there are no other duplicate images of the original check. • You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. • You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item. • The information you provided remains true and correct and, in the event any such information changes, you will immediately notify us of the change. • You have not knowingly failed to communicate any material information to us. • You have possession of each original check deposited using the Application Services and no one will submit, or has submitted, the original check for payment. • Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your our network, data, or related systems. • In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below. Eligible Items You agree to indemnify scan and hold us harmlessdeposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Regulation CC”). When the image of the check transmitted to Bank is converted to an Image Replacement Document for subsequent presentment and collection, along with our directors, officers, employees, shareholders, it shall thereafter be deemed an “item” within the meaning of Articles 3 and agents from 4 of the Uniform Commercial Code. Endorsements and against Procedures You agree to restrictively endorse any item transmitted through the Services as “For Deposit Only” or as otherwise instructed by Bank. You agree to follow any and all liabilities, losses, costs, expenses (including reasonable attorney’s fees), other procedures and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your instructions for use of the Service Services as Bank may establish from time to time. Availability of Funds You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Services is received and Application; (3) any breach accepted before 3:00 p.m. Central Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available the next business day from the day of deposit. Deposit Limits We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement by you; and/or (4) your violation of any law or of any rights of any non−party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholdersAgreement, and agentswe will not be obligated to allow such a deposit at other times. Daily and monthly deposit limits may vary for users of other Services. Errors in Transmission By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors. Image Quality The image of an item transmitted to Bank using the Services must be legible, licensorsas determined at the sole discretion of Bank. Each Without limiting the foregoing, the image quality of these individuals the items must comply with the requirements established from time to time by Bank, the Board of Governors of the Federal Reserve Board, or entities expressly retains any other regulatory agency, clearinghouse or association. Presentment The manner in which the right items are cleared, presented for payment, and collected shall be at Bank’s sole discretion subject to assert the Agreement governing your account. User Warranties and enforce those provisions directly against you on its own behalf.Indemnification You warrant to Bank that: