Common use of Monitoring and Recording Telephone Calls Clause in Contracts

Monitoring and Recording Telephone Calls. We may monitor TELEPHONIC INSTRUCTIONS - Unless we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine. DIRECT DEPOSITS - If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability. EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We may impose early withdrawal penalties on a withdrawal from a time account even if you don’t initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a partial early withdrawal. See your notice of penalty for early withdrawals for additional information. ADDRESS OR NAME CHANGES - You are responsible for notifying us of any change in your address or your name. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you. DEPOSITS - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn “on us”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check for deposit, we may require any third-party endorsers to verify or guarantee their endorsements, or endorse in our presence. FOREIGN TRANSACTIONS - Transactions must be in U.S. Dollars. If you use an automated teller machine (ATM) or conduct a point-of-sale (POS) transaction or electronic funds transfer in a foreign country, or write a check in a foreign currency, and we choose at our option to process the transaction, we SUB-ACCOUNTS - Your checking account may consist of a checking sub account and a saving sub account. The Bank may periodically transfer funds between these two sub accounts. This arrangement will not affect your available balance, interests earnings, FDIC insurance, or bank statement. If your account is a plan on which interest is paid, your interest calculation will remain the same. Otherwise, the savings subaccount will be non-interest bearing. The savings subaccount will be governed by the rules governing our other savings account. STOP PAYMENT REQUESTS - You may request that we stop payment on a check, draft, or similar paper instrument drawn against your account. We will charge your account a stop payment fee, as reflected in the Services & Fees Schedule, which is in effect at the time the request is made. We may accept your request by oral, written, or electronic means. When using electronic (online) means to perform stop payment requests, it is your responsibility to verify that the item has not already been paid before the stop payment request is made. If the stop payment request was taken verbally you may be required to confirm the request in writing within 14 days of the original request. If this is a joint account, we will accept a stop payment request from any joint owner regardless of who signed the check. CHECK PROCESSING - We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have not failed to exercise ordinary care solely because we use our automated system to process items and do not inspect all items processed in such a manner. Using an automated process helps us keep costs down for you and all account holders.

Monitoring and Recording Telephone Calls. We may monitor or record phone calls for security reasons and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation. TELEPHONIC INSTRUCTIONS - Unless we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine. DIRECT DEPOSITS CLAIM OF LOSS - If we are required for any reason to reimburse the federal government for all you claim a credit or refund because of a forgery, alteration, or any portion other unauthorized withdrawal, you agree to cooperate with us in the investigation of a benefit payment that was directly deposited into the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, you authorize us to deduct the amount transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of our liability any criminal act related to the federal government from the account claim of lost, missing, or from any other account you have with us, without prior notice and at any time, except as prohibited by lawstolen checks or unauthorized withdrawals. We may also use will have a reasonable period of time to investigate the facts and circumstances surrounding any other legal remedy to recover the amount claim of our liabilityloss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We may impose early withdrawal penalties on a withdrawal from a time account even if you don’t initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a partial early withdrawal. See your notice of penalty for early withdrawals for additional informationcontained in the Deposit Account Information - Truth- in-Savings Disclosure. ADDRESS OR NAME CHANGES - You are responsible for notifying us of any change in your address or your name. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders. Informing us of your address or name change on a check reorder form is not sufficient. We will generally attempt to communicate with you only by use of the most recent address you have provided to us. If we receive returned mail related to your account, we may use any source available to us to update and validate the information but we are under no obligation to do so. If correct address information is obtained provided elsewhereelsewhere or by another source, we may impose a service fee and use such address to mail notices and disclosures to you. RESOLVING ACCOUNT DISPUTES - If we receive notice of any actual or potential adverse claim to your account or the funds in your account, or if we attempt have reason to locate believe that there is or may be a dispute over matters such as ownership of the account or the authority to withdraw funds, we may in our sole discretion, (1) continue to rely on current signature cards, resolutions or other account or authority documents, (2) freeze all or part of the funds until the dispute is resolved to our satisfaction, or (3) pay the funds into an appropriate court of law for resolution. We will not be liable for any items that are dishonored as a consequence of placing a hold on funds in your account for these reasons. You agree to be liable to us for any loss, costs or expenses, including reasonable attorney’s fees, that we may incur as a result of any dispute, or other claim or action involving your account, which causes us, in good faith, to seek advice of counsel, whether or not we actually become involved in a dispute or court proceeding. You authorize us to deduct any such loss, costs, or expenses from your account without prior notice to you. DEPOSITS UNLAWFUL INTERNET GAMBLING NOTICE - Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling. This account is subject to restrictions on activity or closure if we have actual knowledge that restricted transactions have taken place in the account or through the customer relationship. CERTIFICATES OF DEPOSIT - We will give only provisional credit until collection offer certificate of deposit accounts with varying maturity. Please check with any banking office for the terms of certificates presently being offered. You understand and agree that the certificate of deposit is final subject to these Terms and Conditions, the terms printed on any certificate, receipt for certificate, disclosure or confirmation provided in connection with the deposit(s) or any other activity concerning the applicable certificate of deposit account. All certificates of deposit are book-entry items, and our books and records constitute the sole evidence of funds on deposit with us. The continued existence of a receipt or certificate in your hands, including successors, heirs, and/or assigns, does not constitute proof that your funds remain on deposit with us. By purchasing a Certificate of Deposit you have contracted to keep your funds on deposit for the stated term. If your Account has not matured, any withdrawal of all or part of the funds from your Account may result in an early withdrawal penalty. The early withdrawal penalty is calculated as a forfeiture of part of the accrued interest that has or would be earned on the Account. If your Account has not yet earned enough interest so that the penalty can be deducted from earned interest, or if the interest has already been paid, the difference will be deducted from the principal amount of your Account. FUNDS TRANSFERS - The terms used in this section have the meaning given to them in Article 4A of the Uniform Commercial Code - Funds Transfers (UCC 4A). This section will generally not apply to you if you are a consumer. However, even if you are a consumer, this section will apply to that part of any funds transfer that is conducted by Xxxxxxx. This section is subject to UCC 4A as adopted in the state in which you have your deposit with us. This agreement is also subject to all clearing house association rules, rules of the Board of Governors of the Federal Reserve System and their operating circulars. If any part of this section is determined to be unenforceable, the rest of the section remains effective. This section controls funds transfers unless supplemented or amended in our Funds Transfer Authorization and Agreement or in a separate written agreement signed by us. Funds transfer - A funds transfer is the transaction or series of transactions that begin with the originator’s payment order, made for the purpose of making payment to the beneficiary of the order. A funds transfer is completed by the acceptance by the beneficiary’s bank of a payment order for the benefit of the beneficiary of the originator’s order. Generally, a funds transfer does not include any transaction if any part of the transfer is covered by the Electronic Fund Transfer Act of 1978, as amended from time to time. You may give us a payment order orally, electronically, or in writing, but your order cannot state any condition to payment to the beneficiary other than cashthe time of payment. Authorized account - An authorized account is a deposit account you have with us that you have designated as a source of payment for payment orders you issue to us. If you have not designated an authorized account, any account you have with us is an authorized account to the extent that payment of the payment order is not inconsistent with the use of the account. Acceptance of your payment order - We are not obligated to accept any payment order that you give us, although we normally will accept your payment order if you have a withdrawable credit in an authorized account sufficient to cover the order. If we do not execute your payment order, but give you notice of our rejection of your payment order after the execution date or give you no notice, we are not liable to pay you as restitution any interest on a withdrawable credit in a non-interest- bearing account. Cutoff time - If we do not receive your payment order or communication canceling or amending a payment order before our cutoff time on a funds transfer business day for that type of order or communication, the order or communication will be deemed to be received at the opening of our next funds transfer business day. Payment of your order - If we accept for deposit (including items drawn “on a payment order you give us”). Before settlement , we may receive payment by automatically deducting from any authorized account the amount of the payment order plus the amount of any item becomes finalexpenses and charges for our services in execution of your payment order. We are entitled to payment on the payment or execution date. Unless your payment order specifies otherwise, the payment or execution date is the funds transfer date we receive the payment order. The funds transfer is completed upon acceptance by the beneficiary’s bank. Your obligation to pay your payment order is excused if the funds transfer is not completed, but you are still responsible to pay us any expenses and charges for our services. However, if you told us to route the funds transfer through an intermediate bank, and we are unable to obtain a refund because the intermediate bank that you designated has suspended payments, then you are still obligated to pay us for the payment order. You will not be entitled to interest on any refund you receive because the beneficiary’s bank does not accept the payment order. Security procedure - As described more fully in a separate writing, the authenticity of a payment order or communication canceling or amending a payment order issued in your name as sender may be verified by a security procedure. You affirm Duty to report unauthorized or erroneous payment - You must exercise ordinary care to determine that all payment orders or amendments to payment orders that we accept that are issued in your name are authorized, enforceable, in the correct amount, to the correct beneficiary, and not otherwise erroneous. If you discover (or with reasonable care should have discovered) an unauthorized, unenforceable, or erroneously executed payment order or amendment, you must exercise ordinary care to notify us of the relevant facts. The time you have to notify us will depend on the circumstances, but that time will not in any circumstance exceed 14 days from when you are notified of our acceptance or execution of the payment order or amendment or that your account was debited with respect to the order or amendment. You will not be entitled to interest on any refundable amount. If we can prove that you failed to perform either of these duties with respect to an erroneous payment and that we incurred a loss as a result of the failure, you are liable to us for the amount of the loss not exceeding the amount of your order. Identifying number - If your payment order identifies an intermediate bank, beneficiary bank, or beneficiary by name and number, we and every receiving or beneficiary bank may rely upon the identifying number rather than the name to make payment, even if the number identifies an intermediate bank or person different than the bank or beneficiary identified by name. Neither we nor any receiving or beneficiary bank have any responsibility to determine whether the name and identifying number refer to the same bank or person. Record of oral or telephone orders - You agree that we may, if we choose, record any oral or telephone payment order or communication of amendment or cancellation. Notice of credit - If we receive a payment order to credit an account you have with us, we are not required to provide you with any notice of the payment order or the credit. Provisional credit - You agree to be bound by the automated clearing house association operating rules that provide that payments made to you or originated by you by funds transfer through the automated clearing house system are provisional until final settlement is made through a Federal Reserve Bank or otherwise payment is made as provided in Article 4A-403(a) of the Uniform Commercial Code. Refund of credit - You agree that if we do not receive payment of an amount credited to your account, we are entitled to a refund from you in the amount credited and the party originating such payment will not be considered to have paid the amount so credited. Amendment of funds transfer agreement - From time to time we may amend any term of this agreement by giving you reasonable notice in writing. We may give notice to anyone who is authorized to send payment orders to us in your name, or to anyone who is authorized to accept service. Cancellation or amendment of payment order - You may cancel or amend a payment order you give us only if we receive the communication of cancellation or amendment before our cutoff time and in time to have a reasonable opportunity to act only as your agenton it before we accept the payment order. The communication of cancellation or amendment must be presented in conformity with the same security procedure that has been agreed to for payment orders. Intermediaries - We are not liable for the actions of any intermediary, regardless of whether or not we selected the form of endorsement or lack of endorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollarsintermediary. We are not responsible for transactions acts of God, outside agencies, or nonsalaried agents. Limit on liability - You waive any claim you may have against us for consequential or special damages, including loss of profit arising out of a payment order or funds transfer, unless this waiver is prohibited by mail or outside depository until we actually record themlaw. We will treat are not responsible for attorney fees you might incur due to erroneous execution of payment order. Erroneous execution - If we receive an order to pay you, and record all transactions received after our “daily cutoff time” on a business day we erroneously pay you more than the amount of the payment order, we are openentitled to recover from you the amount in excess of the amount of the payment order, or regardless of whether you may have some claim to the excess amount against the originator of the order. Objection to payment - If we give you a notice that reasonably identifies a payment order issued in your name as sender that we have accepted and received on a day payment for, you cannot claim that we are not open for business, as if initiated on entitled to retain the next business day that we are open. At payment unless you notify us of your objection to the payment within 90 days of our option, we may take an item for collection rather than for deposit. If we accept a third-party check for deposit, we may require any third-party endorsers notice to verify or guarantee their endorsements, or endorse in our presence. FOREIGN TRANSACTIONS - Transactions must be in U.S. Dollars. If you use an automated teller machine (ATM) or conduct a point-of-sale (POS) transaction or electronic funds transfer in a foreign country, or write a check in a foreign currency, and we choose at our option to process the transaction, we SUB-ACCOUNTS - Your checking account may consist of a checking sub account and a saving sub account. The Bank may periodically transfer funds between these two sub accounts. This arrangement will not affect your available balance, interests earnings, FDIC insurance, or bank statement. If your account is a plan on which interest is paid, your interest calculation will remain the same. Otherwise, the savings subaccount will be non-interest bearing. The savings subaccount will be governed by the rules governing our other savings account. STOP PAYMENT REQUESTS - You may request that we stop payment on a check, draft, or similar paper instrument drawn against your account. We will charge your account a stop payment fee, as reflected in the Services & Fees Schedule, which is in effect at the time the request is madeyou. We may accept report information about your request by oralaccount to credit bureaus. Late payments, written, missed payments or electronic means. When using electronic (online) means to perform stop payment requests, it is other defaults on your responsibility to verify that the item has not already been paid before the stop payment request is made. If the stop payment request was taken verbally you account may be required to confirm the request reflected in writing within 14 days of the original request. If this is a joint account, we will accept a stop payment request from any joint owner regardless of who signed the check. CHECK PROCESSING - We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have not failed to exercise ordinary care solely because we use our automated system to process items and do not inspect all items processed in such a manner. Using an automated process helps us keep costs down for you and all account holderscredit report.

Monitoring and Recording Telephone Calls. We may monitor TELEPHONIC INSTRUCTIONS or CLAIM OF LOSS - If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction , and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have agreed otherwise acted in writingbad faith, we are will not required to act upon instructions you give us via facsimile transmission be liable for special or leave consequential damages, including loss of profits or opportunity, or for attorneys' fees incurred by voice mail or on a telephone answering machine. DIRECT DEPOSITS - If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liabilityyou. EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We may impose early withdrawal penalties on a withdrawal from a time account even if you don’t n't initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a partial early withdrawal. See your notice of penalty for early withdrawals for additional information. ADDRESS OR NAME CHANGES - You are responsible for notifying us of any change in your address or your name. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you. DEPOSITS RESOLVING ACCOUNT DISPUTES - We may place an administrative hold on the funds in your account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will give only provisional credit until collection is final not be liable for any items, other than cash, we accept for deposit (including items drawn “on us”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate dishonored as a consequence of placing a hold on funds in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check for deposit, we may require any third-party endorsers to verify or guarantee their endorsements, or endorse in our presence. FOREIGN TRANSACTIONS - Transactions must be in U.S. Dollars. If you use an automated teller machine (ATM) or conduct a point-of-sale (POS) transaction or electronic funds transfer in a foreign country, or write a check in a foreign currency, and we choose at our option to process the transaction, we SUB-ACCOUNTS - Your checking account may consist of a checking sub account and a saving sub account. The Bank may periodically transfer funds between these two sub accounts. This arrangement will not affect your available balance, interests earnings, FDIC insurance, or bank statement. If your account is a plan on which interest is paid, your interest calculation will remain the same. Otherwise, the savings subaccount will be non-interest bearing. The savings subaccount will be governed by the rules governing our other savings account. STOP PAYMENT REQUESTS - You may request that we stop payment on a check, draft, or similar paper instrument drawn against your account. We will charge your account a stop payment fee, as reflected in the Services & Fees Schedule, which is in effect at the time the request is made. We may accept your request by oral, written, or electronic means. When using electronic (online) means to perform stop payment requests, it is your responsibility to verify that the item has not already been paid before the stop payment request is made. If the stop payment request was taken verbally you may be required to confirm the request in writing within 14 days of the original request. If this is a joint account, we will accept a stop payment request from any joint owner regardless of who signed the check. CHECK PROCESSING - We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have not failed to exercise ordinary care solely because we use our automated system to process items and do not inspect all items processed in such a manner. Using an automated process helps us keep costs down for you and all account holdersthese reasons.

Monitoring and Recording Telephone Calls. We may monitor or record phone calls for security reasons and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation. TELEPHONIC INSTRUCTIONS - Unless we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine. DIRECT DEPOSITS - CLAIM OF LOSS If we are required for any reason to reimburse the federal government for all you claim a credit or refund because of a forgery, alteration, or any portion other unauthorized withdrawal, you agree to cooperate with us in the investigation of a benefit payment that was directly deposited into the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the xxxx.Xxx will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. If you authorize claim a credit or refund, you agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your xxxx.Xxx will pursue your rights or, at our option, assign them to us to deduct so that we may pursue them. Our liability will be reduced by the amount of our liability to the federal government from the account you recover or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy are entitled to recover the amount of our liabilityfrom these other sources. EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We may impose early withdrawal penalties on a withdrawal from a time account even if you don’t initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a partial early withdrawal. See your notice of penalty for early withdrawals for additional information. ADDRESS OR NAME CHANGES - You are responsible for notifying agree to notify us of any change in your address or your name. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address you have provided to us. We may stop sending statements to your last address if mail has been returned and you have not notified us of a new address. If provided elsewhere, we may impose a service fee if we attempt to locate you. DEPOSITS - We DISPUTE RESOLUTION AND WAIVER OF RIGHT TO JURY TRIAL Company acknowledges that it is mutually beneficial to both HomeStreet Bank and Company to resolve any concerns regarding business deposit accounts amicably. Company agrees to notify HomeStreet Bank immediately if Company has a concern or a problem relating to one if its deposit accounts at HomeStreet Bank. Often questions and concerns can be resolved by placing a telephone call to the customer service representative at the local HomeStreet Bank branch. HomeStreet Bank will give only make a good faith effort to resolve any questions or concerns promptly. If Company and HomeStreet Bank cannot agree on how to resolve a particular matter involving the Deposit Agreement, these Business Account Terms, the Company’s deposit accounts at HomeStreet Bank, any check, ACH, ATM, electronic debit or credit, deposit, overdraft, statement, internet banking, safety deposit box, fee, or other service related to the business deposit accounts or service, the parties may agree to submit the matter to binding arbitration. Any such arbitration shall be administered by the American Arbitration Association (AAA), and once submitted, shall be binding on the parties. In the event any matter proceeds to litigation, both HomeStreet Bank and Company agree to waive their right to a jury trial. Provided, however, nothing herein shall stop Company or HomeStreet Bank from exercising any lawful rights either has to use other remedies available to preserve, foreclose or obtain possession of real or personal property; exercise self-help remedies, including set-off and repossession rights; or obtain provisional credit until collection or ancillary remedies such as injunctive relief, sequestration, attachment, garnishment, court appointment of a receiver, or commence an interpleader action. If an interpleader action is final for any itemsfiled, other than cash, we accept for deposit (including items drawn “on us”). Before settlement the parties agree that the costs of any item becomes finalsuch action, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Actual credit for deposits of, or payable in, foreign currency will including reasonable attorney’s fees shall be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check for deposit, we may require any third-party endorsers to verify or guarantee their endorsements, or endorse in our presence. FOREIGN TRANSACTIONS - Transactions must be in U.S. Dollars. If you use an automated teller machine (ATM) or conduct a point-of-sale (POS) transaction or electronic paid from funds transfer in a foreign country, or write a check in a foreign currency, and we choose at our option to process the transaction, we SUB-ACCOUNTS - Your checking account may consist of a checking sub account and a saving sub account. The Bank may periodically transfer funds between these two sub accounts. This arrangement will not affect your available balance, interests earnings, FDIC insurance, or bank statement. If your account is a plan on which interest is paid, your interest calculation will remain the same. Otherwise, the savings subaccount will be non-interest bearing. The savings subaccount will be governed by the rules governing our other savings account. STOP PAYMENT REQUESTS - You may request that we stop payment on a check, draft, or similar paper instrument drawn against your account. We will charge your account a stop payment fee, as reflected in the Services & Fees Schedule, which is in effect at the time the request is made. We may accept your request by oral, written, or electronic means. When using electronic (online) means to perform stop payment requests, it is your responsibility to verify that the item has not already been paid before the stop payment request is made. If the stop payment request was taken verbally you may be required to confirm the request in writing within 14 days of the original request. If this is a joint deposit account, we will accept a stop payment request from any joint owner regardless of who signed the check. CHECK PROCESSING - We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have not failed to exercise ordinary care solely because we use our automated system to process items and do not inspect all items processed in such a manner. Using an automated process helps us keep costs down for you and all account holders.