Insufficient Funds and Corresponding Fees. The Bank may determine whether your account contains suf- ficient funds to pay a check or other item at any time between the time the check or other item is received by the Bank and the Bank’s return deadline, and only one determination of the account balance is required. If that de- termination reveals insufficient funds to pay the check or other item, the Bank will not be required to honor the check or other item and may return it. Alternatively, the Bank may honor the check or other item and create an overdraft. The honoring of one or more overdrafts does not obligate the Bank to honor any future overdrafts, and You should not rely on the Bank to honor an overdraft. Moreover, the Bank is not required to send You notice of checks or other items returned for insufficient funds. Any time an item is presented to the Bank for payment and it exceeds the balance in your account, whether re- turned by the Bank or honored (and therefore creating an overdraft), the Bank may charge You a service fee and a daily overdraft fee in the amount set forth in the Bank’s then-current schedule of charges. These service fees apply to returned items and overdrafts created by check, in-person withdrawal, telephonic transfer, ATM withdrawal, debit card transaction, or any other electronic means. The fee amount will be charged against your account, which may further overdraw your account. Subsequent checks, in-person withdrawals, telephonic transfers, ATM withdrawals, debit card transactions, or requests to withdraw from your account made by any other electronic means and drawn against insufficient funds in your account may also be subject to the service fee set forth in that schedule. Items re-presented by a payee or a merchant after having initially been returned due to insufficient funds will follow the same decisioning and fee process, which may result in multiple fees being assessed in connection with a single transaction. There is no maximum number of fees charged by the Bank relating to a single transaction, and there is no limit on the frequency with which such fees may be assessed as it is dependent upon when the check or other item is re-presented to the Bank. You agree to deposit sufficient funds to cover the overdraft and any service fees upon notice of the overdraft, and to reimburse the Bank for any costs it incurs in collecting the overdraft from You including, without limitation, reasonable attorney fees and the costs of litigation, to the ex- tent permitted by l...
