Incomplete or Conditional Items. You agree not to issue a check that is incomplete or conditional. For example, you should not issue a check with the notation “void after 30 days.” The Bank has the right, however, to pay or refuse to pay an item which is incomplete or where payment is conditional and the condition has not been satisfied. For example, we may pay a check which says “void after 30 days” even though the check is presented more than thirty (30) days after its date.
Incomplete or Conditional Items. Without any liability to you or any other person, in our sole discretion, we may accept or reject for deposit or collection, or we may pay or refuse to pay, any Item that is incomplete or that bears a notation of a purported condition which has not been met (for example, a cheque which says “void after 30 days” and is presented after such time has expired, or a $1,000 cheque which says “not valid over $500”). You agree to indemnify and hold us harmless against any and all loss, liability, claims, damages, costs and expenses we may incur relating to any such Item.
Incomplete or Conditional Items. You agree not to issue a check that is incomplete or conditional. For example, you should not issue a check with the notation “void after 30 days.” We have the right, however, to pay or refuse to pay an item which is incomplete or where payment is conditional, and the condition has not been satisfied. For example, we may pay a check which says “void after 30 days” even though the check is presented more than thirty (30) days after its date. (See alsothe "Stop Payment Requests" subsectionbelow.) Insufficient Funds You may not make or request any withdrawal that would exceed the Available Balance in your Account. (See the "Payment of Items" subsection above and the "Funds Availability Disclosure" section below.) We will not be liable for dishonoring any withdrawal request that would exceed the Available Balance in your Account. If we receive a withdrawal request, automatic transfer, EFT, or other item drawn on your Account and there are insufficient available funds in the Account to pay the item, we will at our discretion either (a) return the item unpaid or (b) pay the item and create anoverdraft in your Account (we may hold balances in your other Accounts that you may have with us and/or set-off against funds in your other Accounts until the overdraft is paid). If your Account has an insufficient Available Balance to pay all items presented for payment on a particular day, we may choose to honor withdrawals in the order they are received by us or in any other order we choose (as describedabove), unless the order of payment is specifically mandated by law. If we choose to pay an item or honor a withdrawal request by overdrawing your Account, you agree to immediately reimburse us upon our demand for the amount of the overdraft along with applicable collection costs and/or legal fees. We may also be required to issue you an IRSForm 1099-C for cancellation of debt if the unpaid overdrawn amount and/or any applicable fees/costs meets the required threshold. Stop Payment Requestsfor Checks You may ask us to stop payment on a check you have written against your Account by notifying us in writing or by telephone (see the "Contacting Us" subsection below). A telephone stop payment request will last for fourteen (14) calendar days after your call. A written stop payment request (including a writtenrequest received within fourteen
