Common use of Night Depositories Clause in Contracts

Night Depositories. If you have enteredinto a night depository agreement with us, the terms and conditions of that agreement supersede the terms of this section. You must make deposits in our night depository only by use of securely sealed envelopes. We are not responsible for deposits that are not in securely sealed envelopes. You will not receive a deposit receipt if you use the night depository. All night depository transactions are subject to later verification by us. Youmust be certain that your deposithas enteredtheinteriorvaultof thenightdepository. Weare not responsiblefor any depositsuntilthe envelopeanditscontentshavefallendowntheinteriorchute of the night depository and landed on the floor of the interior vault. Placing an envelope or other materials in the exterior door of thenight depository or in the mouthor upperportionof theinteriorchuteis not adeposit. Therelationshipestablishedby each use of the night depository is a separate bailment. You must give us written notice of any irregularity or loss of any envelope or contents within thirty (30) calendar days of the day on which the envelope is alleged to have been delivered to us. After that time, our records as to the receipt or non-receipt of the envelope or the amount of the contents of the envelope shall be conclusively presumed to be correct. If you give such notice, you must prove by clear and convincing evidence (a) that the envelope and its contents were delivered into our exclusive custody and control; (b) the exact dollar amount of the money and items in the envelope; and (c) that we were negligent. You must also take all reasonable steps to mitigate any loss or damages. We do not insurethe nightdepositoryor anythingyou putinit. Weareresponsibleonlyforusingordinarycareforitemsplacedin thenightdepository. Wewillnot be responsible for any losscaused by fire, flood, vandalism, burglary, acts of God or waterdamage. In no event will we be responsibleforconsequentialdamages or lostprofits. We do not have guards or cameras at nightdepositorylocations. We do not guarantee your safety at the nightdepository. Whenmakingdeposits you should Order of Posting Transactions. This paragraph describes, generally, how we post transactions to accounts, and this may not be the order in which you conducted them. Youraccountstatement may not necessarilyreportcredits and debitsinthe orderinwhich we postedthemto your account. Pleasenotethat this process may change from time to time, without prior notice to you. Our order of posting depends on a number of factors, including when a transaction occurs,theorderinwhichitispresented, theamount, systemavailability, potentialrisk of losstothe Bank, and the type of transaction, amongothervariables. Generally, we post thefollowingtransactiontypes at the end of each business day in the following order:

Night Depositories. If you have enteredinto entered into a night depository agreement with us, the terms and conditions of that agreement supersede the terms of this section. You must make deposits in our night depository only by use of securely sealed envelopes. We are not responsible for deposits that are not in securely sealed envelopes. You will not receive a deposit receipt if you use the night depository. All night depository transactions are subject to later verification by us. Youmust You must be certain that your deposithas enteredtheinteriorvaultof thenightdepositorydeposit has entered the interior vault of the night depository. Weare We are not responsiblefor responsible for any depositsuntilthe envelopeanditscontentshavefallendowntheinteriorchute deposits until the envelope and its contents have fallen down the interior chute of the night depository and landed on the floor of the interior vault. Placing an envelope or other materials in the exterior door of thenight the night depository or in the mouthor upperportionof theinteriorchuteis mouth or upper portion of the interior chute is not adeposita deposit. Therelationshipestablishedby The relationship established by each use of the night depository is a separate bailment. You must give us written notice of any irregularity or loss of any envelope or contents within thirty (30) calendar days of the day on which the envelope is alleged to have been delivered to us. After that time, our records as to the receipt or non-receipt of the envelope or the amount of the contents of the envelope shall be conclusively presumed to be correct. If you give such notice, you must prove by clear and convincing evidence (a) that the envelope and its contents were delivered into our exclusive custody and control; (b) the exact dollar amount of the money and items in the envelope; and (c) that we were negligent. You must also take all reasonable steps to mitigate any loss or damages. We do not insurethe nightdepositoryor anythingyou putinitinsure the night depository or anything you put in it. Weareresponsibleonlyforusingordinarycareforitemsplacedin thenightdepositoryWe are responsible only for using ordinary care for items placed in the night depository. Wewillnot We will not be responsible for any losscaused loss caused by fire, flood, vandalism, burglary, acts of God or waterdamagewater damage. In no event will we be responsibleforconsequentialdamages responsible for consequential damages or lostprofitslost profits. We do not have guards or cameras at nightdepositorylocationsnight depository locations. We do not guarantee your safety at the nightdepositorynight depository. Whenmakingdeposits When making deposits you should exercise due care and assess the risks associated with the time of day, lighting, the location of the night depository and other factors affecting personal safety. We recommend that you do not use the night depository at night without adequate protection or if there are any suspicious circumstances. Please refer to the section entitled “ATM Safety” for additional recommendations regarding safety at unstaffed locations. Order of Posting Transactions. This paragraph describes, generally, how we post transactions to accounts, and this may not be the order in which you conducted them. Youraccountstatement Your account statement may not necessarilyreportcredits necessarily report credits and debitsinthe orderinwhich debits in the order in which we postedthemto posted them to your account. Pleasenotethat Please note that this process may change from time to time, without prior notice to you. Our order of posting depends on a number of factors, including when a transaction occurs,theorderinwhichitispresented, theamountthe order in which it is presented, systemavailabilitythe amount, potentialrisk system availability, potential risk of losstothe loss to the Bank, and the type of transaction, amongothervariablesamong other variables. Generally, we post thefollowingtransactiontypes the following transaction types at the end of each business day in the following order:

Night Depositories. If you have enteredinto entered into a night depository agreement with us, the terms and conditions of that agreement supersede the terms of this sectionsection . You must make deposits in our night depository only by use of securely sealed envelopesenvelopes . We are not responsible for deposits that are not in securely sealed envelopesenvelopes . You will not receive a deposit receipt if you use the night depositorydepository . All night depository transactions are subject to later verification by usus . Youmust You must be certain that your deposithas enteredtheinteriorvaultof thenightdepositorydeposit has entered the interior vault of the night depository . Weare We are not responsiblefor responsible for any depositsuntilthe envelopeanditscontentshavefallendowntheinteriorchute deposits until the envelope and its contents have fallen down the interior chute of the night depository and landed on the floor of the interior vaultvault . Placing an envelope or other materials in the exterior door of thenight the night depository or in the mouthor upperportionof theinteriorchuteis mouth or upper portion of the interior chute is not adeposita deposit . Therelationshipestablishedby The relationship established by each use of the night depository is a separate bailmentbailment . You must give us written notice of any irregularity or loss of any envelope or contents within thirty (30) calendar days of the day on which the envelope is alleged to have been delivered to usus . After that time, our records as to the receipt or non-receipt of the envelope or the amount of the contents of the envelope shall be conclusively presumed to be correctcorrect . If you give such notice, you must prove by clear and convincing evidence (a) that the envelope and its contents were delivered into our exclusive custody and control; (b) the exact dollar amount of the money and items in the envelope; and (c) that we were negligentnegligent . You must also take all reasonable steps to mitigate any loss or damagesdamages . We do not insurethe nightdepositoryor anythingyou putinitinsure the night depository or anything you put in it . Weareresponsibleonlyforusingordinarycareforitemsplacedin thenightdepositoryWe are responsible only for using ordinary care for items placed in the night depository . Wewillnot We will not be responsible for any losscaused loss caused by fire, flood, vandalism, burglary, acts of God or waterdamagewater damage . In no event will we be responsibleforconsequentialdamages responsible for consequential damages or lostprofitslost profits . We do not have guards or cameras at nightdepositorylocationsnight depository locations . We do not guarantee your safety at the nightdepositorynight depository . Whenmakingdeposits When making deposits you should exercise due care and assess the risks associated with the time of day, lighting, the location of the night depository and other factors affecting personal safety . We recommend that you do not use the night depository at night without adequate protection or if there are any suspicious circumstances . Please refer to the section entitled “ATM Safety” for additional recommendations regarding safety at unstaffed locations . Order of Posting Transactions. This paragraph describes, generally, how we post transactions to accounts, and this may not be regardless of the order in which you conducted themthe items occur or in which we receive them . Youraccountstatement may Your account statement will not necessarilyreportcredits necessarily report credits and debitsinthe orderinwhich debits in the order in which we postedthemto posted them to your accountaccount . Pleasenotethat Please note that this process may change from time to time, without prior notice to youyou . Our order of posting depends on a number of factors, including when a transaction occurs,theorderinwhichitispresented, theamountwhether it has already been approved by us or has become final, systemavailabilitythe order in which it is presented, potentialrisk the amount, system availability, potential risk of losstothe loss to the Bank, and the type of transaction, amongothervariablesamong other variables . GenerallyUsually, we post thefollowingtransactiontypes at the end of each business day credits are posted first, and debits and transfers are posted in ascending (low-to-high) order by dollar amount . We generally process withdrawals in the following order:sequence at the