Common use of Compliance with Security Procedure Clause in Contracts

Compliance with Security Procedure. (a) If an Entry (or a request for cancellation or amendment of an Entry) received by ODFI purports to have been transmitted or authorized by Company, it will be deemed effective as Company's Entry (or request) and Company shall be obligated to pay ODFI the amount of such Entry even though the Entry (or request) was not authorized by Company, provided ODFI accepted the Entry in good faith and acted in compliance with the security procedure referred to in Attachment 5 with respect to such Entry. If signature comparison is to be used as a part of that security procedure, ODFI shall be deemed to have complied with that part of such procedure if it compares the signature accompanying a file of Entries (or request for cancellation or amendment of an Entry) received with the signature of an authorized representative of Company (an "Authorized Representative") and, on the basis of such comparison, believes the signature accompanying such file to be that of such authorized representative. (b) If an Entry (or request for cancellation or amendment of an Entry) received by ODFI was transmitted or authorized by Company, Company shall pay ODFI the amount of the Entry, whether or not ODFI complied with the security procedure referred to in Attachment 5 with respect to that Entry and whether or not that Entry was erroneous in any respect or that error would have been detected if ODFI had complied with such procedure. Florida Bank, N.A. ODFI-Originator Agreement

Appears in 1 contract

Samples: Ach Origination Agreement

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Compliance with Security Procedure. (a) If an Entry (or a request for or cancellation or amendment of an Entry) received by ODFI Bank purports to have been transmitted or authorized by Company, it will be deemed Company's Entry (as principal and as agent for the Payee) and effective as Company's Entry or request (or requestas principal and as agent for the Payee) and Company shall be obligated to pay ODFI the amount of such Entry even though the Entry (or request) was not authorized by CompanyCompany or the Payee or the amount or Receiver of the Entry was other than the amount or Receiver intended by Company or the Payee, provided ODFI accepted the Entry in good faith and Bank acted in compliance with the security procedure referred to in Attachment 5 Schedule A with respect to such Entry. If signature comparison is to be used as a part of that security procedure, ODFI Bank shall be deemed to have complied with that part of such procedure if it compares the signature accompanying a file of Entries (or request for cancellation or amendment of an Entry) received with the signature of an authorized representative of Company (an "Authorized Representative") and, on the basis of such comparison, believes the signature accompanying such file to be that of such authorized representative. (b) . If an Entry (or request for cancellation or amendment of an Entry) received by ODFI Bank was transmitted or authorized by Company, Company the Entry shall pay ODFI the amount of the Entrybe deemed Company's Entry (as principal and as agent for Payee) and effective as Company's Entry (as principal and as agent for Payee), whether or not ODFI Bank complied with the security procedure referred to in Attachment 5 Schedule A with respect to that Entry and whether or not that Entry was erroneous in any respect or that error would have been detected if ODFI Bank had complied with such procedure. Florida Bank, N.A. ODFI-Originator Agreement.

Appears in 1 contract

Samples: Odfi Originator Agreement for Automated Clearing House Entries (Pacific Mercantile Bancorp)

Compliance with Security Procedure. (a) If an Entry (or a request for cancellation or amendment of an Entry) received by ODFI purports to have been transmitted or authorized by Company, it will be deemed effective as Company's Entry (or request) and Company shall be obligated to pay ODFI the amount of such Entry even though the Entry (or request) was not authorized by Company, provided ODFI accepted the Entry in good faith and acted in compliance with the security procedure referred to in Attachment 5 with respect to such Entry. If signature comparison is to be used as a part of that security procedure, ODFI shall be deemed to have complied with that part of such procedure if it compares the signature accompanying a file of Entries (or request for cancellation or amendment of an Entry) received with the signature of an authorized representative of Company (an "Authorized Representative") and, on the basis of such comparison, believes the signature accompanying such file to be that of such authorized representative. (b) If an Entry (or request for cancellation or amendment of an Entry) received by ODFI was transmitted or authorized by Company, Company shall pay ODFI the amount of the Entry, whether or not ODFI complied with the security procedure referred to in Attachment 5 with respect to that Entry and whether or not that Entry was erroneous in any respect or that error would have been detected if ODFI had complied with such procedure. Florida Bank, N.A. ODFI-Originator Agreement.

Appears in 1 contract

Samples: Ach Origination Agreement (Nbo Systems Inc)

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Compliance with Security Procedure. (a) If an Entry (or a request for cancellation or amendment of an Entry) received by ODFI Financial Institution purports to have been transmitted or authorized by an Authorized User of the Company, it will be deemed effective as the Company's ’s Entry (or request) and Company shall be obligated to pay ODFI Financial Institution the amount of such Entry (or amended Entry) even though if the Entry (or request) was not authorized by Company, provided ODFI Financial Institution accepted the Entry entry in good faith and acted in compliance with the security procedure procedures referred to in Attachment 5 Schedule C with respect to such Entry. If signature comparison is to be used as a part of that the security procedureprocedures defined in Schedule C, ODFI this Financial Institution shall be deemed to have complied with that part of such procedure if it compares the signature accompanying a file of Entries (or request for cancellation or amendment of an Entry) received with the signature of an authorized representative Authorized User of Company (an "Authorized Representative") and, on the basis of such comparison, believes the signature accompanying such file to be that of such authorized representativeAuthorized User. (b) If an Entry (or request for cancellation or amendment of an Entry) received by ODFI the Financial Institution was transmitted or authorized by Company, Company shall pay ODFI Financial Institution the amount of the Entry, whether or not ODFI Financial Institution complied with the security procedure referred to in Attachment 5 Schedule C with respect to that Entry and whether or not that Entry was erroneous in any respect or that error would have been detected if ODFI Financial Institution had complied with such procedure. Florida Bank, N.A. ODFI-Originator Agreement.

Appears in 1 contract

Samples: Ach Originator Agreement

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