Common use of Consent to Electronic Transactions Clause in Contracts

Consent to Electronic Transactions. At the MyAccount site, Borrower may transmit and receive electronic records relating to its financial condition, the Loans or the Collateral and allow Lender to compute the Borrowing Base, availability within the Borrowing Base and other related calculations using electronic records and other information provided by Borrower in lieu of submitting such information in writing and signed by an authorized officer of Borrower. Borrower’s affirmative actions in using the MyAccount site, such as clicking “I Accept”, “Submit”, “Yes”, “Go” and the like and uploading of data to Lender, signify that Borrower agrees to, adopts and executes the action or electronic record with the intention to be legally bound, and the words “execution”, “signed”, “signature”, and words of like import in any Borrowing Base certificate given to Lender in connection with a request for a Revolving Credit Loan shall be deemed to be satisfied by such affirmative actions. Such affirmative actions will have the same legal force, effect, validity and enforceability as if an authorized officer of Borrower affixed a written signature to the electronic record, and such electronic signature and electronic record shall be deemed to satisfy the writing and delivery requirements of any applicable law, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the Maryland Uniform Electronic Transactions Act, or any other similar state laws based on the Uniform Electronic Transactions Act. Borrower agrees to transmit and receive electronic records through the MyAccount service via the Internet using its Passwords. Lender’s electronic or other properly stored copy of such electronic signatures and electronic records shall be deemed to be the true, complete, valid, authentic and enforceable copy of them. Borrower will not transmit to Lender via the MyAccount site any message or other electronic record other than those expressly authorized by the MyAccount service. Borrower acknowledges that, regardless of whether it is using a web browser with security features, Lender is unable to ensure that data contained in any related Internet transmission between Lender and Borrower will not be intercepted by third parties. Borrower agrees that Lender will not be liable should any such interception occur prior to receipt by Lender of any such data transmitted by Borrower or after transmission by Lender of any such data to Borrower.

Consent to Electronic Transactions. At the MyAccount site, Borrower may transmit and receive electronic records relating to its financial conditionI, the Loans or the Collateral and allow Lender to compute the Borrowing Base, availability within the Borrowing Base and other related calculations using electronic records and other information provided by Borrower in lieu of submitting such information in writing and signed by an authorized officer of Borrower. Borrower’s affirmative actions in using the MyAccount site, such as clicking “I Accept”, “Submit”, “Yes”, “Go” and the like and uploading of data to Lender, signify that Borrower agrees to, adopts and executes the action or electronic record with the intention to be legally boundUser, and Humana acknowledge and agree that any and all transactions performed during the words “execution”term of this Agreement that are conducted through the utilization of electronic transactions and verified by the use of electronic signatures are binding as stated by law. I understand that My consent, “signed”when issued electronically by use of My unique identifiers or passwords, “signature”, and words of like import in any Borrowing Base certificate given to Lender in connection with a request for a Revolving Credit Loan shall be deemed to be satisfied by such affirmative actions. Such affirmative actions will have bears the same legal force, effect, validity and enforceability authority as if an authorized officer of Borrower affixed a My written signature and is binding as stated by law. I will be bound by this Agreement throughout the term of such Agreement. I may request that this Agreement be terminated and that Humana default to providing paper access to services by submitting an address, phone number and contact name for distribution of paper forms, as needed, to my Humana representative. I may obtain a paper copy of any electronic transaction by printing the internet screens on which such information is present. Some types of information will be provided automatically in paper form. Examples of paper forms include any notice of cancellation of policies or termination of coverage and any information pertaining to an appeal of a denied claim or adverse benefit decision. I and Humana acknowledge and agree that all transactions conducted electronically bear the same legal authority as paper documents with written signatures and are binding as stated by law. Types of electronically conducted transactions include, but are not limited to activity related to: ⚫ Claims, Referrals, Authorizations ⚫ Pharmacy Prescriptions and Claims ⚫ Eligibility, Benefits and ID Cards ⚫ Certificates, Plan Summaries, Policies ⚫ Enrollment ⚫ Quoting, Billing, Commissions ⚫ Contracting, Credentialing ⚫ Provider Directories ⚫ Reporting ⚫ Secured Messaging I and Humana agree that certain minimum hardware and software must be present in order to conduct transactions electronically. To view the necessary requirements, click here. I may terminate this Agreement should I be unable to communicate electronically under these or any new technical requirements. I understand that Humana cannot and does not guarantee or warrant that any files which may be available for downloading through the Service will be free of computer viruses or other code that manifests contaminating or destructive properties. I am responsible for implementing sufficient procedures and checkpoints to satisfy My particular requirements for accuracy of data input and output, and for maintaining a means external to the electronic record, and such electronic signature and electronic record shall be deemed to satisfy Service for the writing and delivery requirements reconstruction of any applicable lawlost data. Humana: ⚫ Does not assume any responsibility or risk for My use of the service. ⚫ Does not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or fitness for a particular purpose) with regard to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the Maryland Uniform Electronic Transactions Actservice, or any other similar state laws based information or service provided through the service or on the Uniform Electronic Transactions Act. Borrower agrees to transmit Internet generally, and receive electronic records through the MyAccount service via the Internet using its Passwords. Lender’s electronic or other properly stored copy of such electronic signatures and electronic records shall be deemed to be the true, complete, valid, authentic and enforceable copy of them. Borrower will not transmit to Lender via the MyAccount site any message or other electronic record other than those expressly authorized by the MyAccount service. Borrower acknowledges that, regardless of whether it is using a web browser with security features, Lender is unable to ensure that data contained in any related Internet transmission between Lender and Borrower will not be intercepted by third parties. Borrower agrees that Lender will not be liable should for any such interception occur prior to receipt by Lender cost or damage arising either directly or indirectly from My use of the service. ⚫ Does not warrant the accuracy, completeness, timeliness, or usefulness of any such data transmitted information, opinions, advice, services, merchandise or any other information provided through the service or on the Internet generally. ⚫ Is not responsible for any changes that may be required by Borrower My Internet Service Provider. ⚫ Will in no event be liable to Me or after transmission anyone else for any decision made or action taken by Lender Me or anyone else in reliance upon the information provided through the service. ⚫ Will under no circumstances and under no legal theory, tort, contract, or otherwise, be liable to Me or any other person for any indirect, special, incidental, or consequential damages or losses of any such data character whatsoever with regard to Borrowerthe service. Any information You submit through the Service or while using the Service, and any information collected about Your use of the Service by Humana, will be subject to Humana's Privacy Policy. Please note, however, that all information you submit or disclose while using the Service will be provided to Humana. You specifically consent to this disclosure to Humana when you click the "I Agree" button below and/or when You use the Service.

Consent to Electronic Transactions. At the MyAccount site, any Borrower may transmit and receive electronic records relating to its financial condition, the Loans or the Collateral and allow Lender to compute the Borrowing Base, availability within the Borrowing Base and other related calculations using electronic records and other information provided by such Borrower in lieu of submitting such information in writing and signed by an authorized officer of such Borrower. Each Borrower’s affirmative actions in using the MyAccount site, such as clicking “I Accept”, “Submit”, “Yes”, “Go” and the like and uploading of data to Lender, signify that such Borrower agrees to, adopts and executes the action or electronic record with the intention to be legally bound, and the words “execution”, “signed”, “signature”, and words of like import in any Borrowing Base certificate given to Lender in connection with a request for a Revolving Credit Loan shall be deemed to be satisfied by such affirmative actions. Such affirmative actions will have the same legal force, effect, validity and enforceability as if an authorized officer of each Borrower affixed a written signature to the electronic record, and such electronic signature and electronic record shall be deemed to satisfy the writing and delivery requirements of any applicable law, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the Maryland Uniform Electronic Transactions Act, or any other similar state laws based on the Uniform Electronic Transactions Act. Each Borrower agrees to transmit and receive electronic records through the MyAccount service via the Internet using its Passwords. Lender’s electronic or other properly stored copy of such electronic signatures and electronic records shall be deemed to be the true, complete, valid, authentic and enforceable copy of them. No Borrower will not transmit to Lender via the MyAccount site any message or other electronic record other than those expressly authorized by the MyAccount service. Each Borrower acknowledges that, regardless of whether it is using a web browser with security features, Lender is unable to ensure that data contained in any related Internet transmission between Lender and any Borrower will not be intercepted by third parties. Each Borrower agrees that Lender will not be liable should any such interception occur prior to receipt by Lender of any such data transmitted by any Borrower or after transmission by Lender of any such data to such Borrower.

Consent to Electronic Transactions. At the MyAccount site, Borrower Borrowers may transmit and receive electronic records relating to its financial condition, the Loans or the Collateral and allow Lender to compute the Borrowing Base, availability within the Borrowing Base and other related calculations using electronic records and other information provided by Borrower Borrowers in lieu of submitting such information in writing and signed by an authorized officer of BorrowerBorrowers. Borrower’s Borrowers’ affirmative actions in using the MyAccount site, such as clicking “I Accept”, “Submit”, “Yes”, “Go” and the like and uploading of data to Lender, signify that Borrower agrees Borrowers agree to, adopts adopt and executes execute the action or electronic record with the intention to be legally bound, and the words “execution”, “signed”, “signature”, and words of like import in any Borrowing Base certificate Certificate given to Lender in connection with a request for a Revolving Credit Loan shall be deemed to be satisfied by such affirmative actions. Such affirmative actions will have the same legal force, effect, validity and enforceability as if an authorized officer of Borrower Borrowers affixed a written signature to the electronic record, and such electronic signature and electronic record shall be deemed to satisfy the writing and delivery requirements of any applicable law, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the Maryland Uniform Electronic Transactions Act, or any other similar state laws based on the Uniform Electronic Transactions Act. Borrower agrees Borrowers agree to transmit and receive electronic records through the MyAccount service via the Internet using its their Passwords. Lender’s electronic or other properly stored copy of such electronic signatures and electronic records shall be deemed to be the true, complete, valid, authentic and enforceable copy of them. Borrower Borrowers will not transmit to Lender via the MyAccount site any message or other electronic record other than those expressly authorized by the MyAccount service. Borrower acknowledges Borrowers acknowledge that, regardless of whether it is they are using a web browser with security features, Lender is unable to ensure that data contained in any related Internet transmission between Lender and Borrower Borrowers will not be intercepted by third parties. Borrower agrees Borrowers agree that Lender will not be liable should any such interception occur prior to receipt by Lender of any such data transmitted by Borrower Borrowers or after transmission by Lender of any such data to BorrowerBorrowers.