Common use of Returned Items Clause in Contracts

Returned Items. Any items that were (i) credited for deposit to, or (ii) cashed against, an account at the Branch prior to the Closing and are returned unpaid at any time after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System ("Returned Items") will be handled as follows: (a) If Seller is charged for the Returned Item, Seller shall notify Buyer and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit with Buyer in the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If Buyer's bank account is charged for the Returned Item, Buyer will use reasonable efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at any branch office of Buyer standing in the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts in an amount equal in the aggregate to the Returned Item. If those accounts do not contain funds sufficient to reimburse Buyer fully (for reasons other than Buyer's breach of Section 13.7), Seller will, upon notice from Buyer, immediately repay to Buyer the amount of the Returned Item and Buyer will assign the Returned Item to Seller for collection. For a reasonable period of time after reimbursement from Seller, Buyer will cooperate with Seller in its efforts to obtain reimbursement from the party liable for the Returned Item. (c) Any items that were credited for deposit to or cashed against an account at the Branch prior to the Closing Date and are returned unpaid more than sixty (60) days after the Closing will be the responsibility of Seller.

Returned Items. Any items that were (i) credited for deposit to, to or (ii) cashed against, an account at the Branch against a Deposit prior to the Closing and are returned unpaid at any time or involve encoding errors or disputes of Regulation E, but excluding foreign items, on or within sixty (60) calendar days after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System Date ("Returned Items") will be handled as follows: (a) set forth herein. If Seller Seller's account is charged for the Returned Item, Seller shall notify Buyer forward such Returned Item to Purchaser and if shall credit the Correspondent Account for the full amount of the Returned Item. If upon Purchaser's receipt of such Returned Item there are sufficient funds in the account Deposit to which such Returned Item was credited or in any other accounts on deposit with Buyer in the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If Buyer's bank account is charged for the Returned Item, Buyer will use reasonable efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit Deposit transferred at any branch office of Buyer Closing standing in the name of the party liable responsible for such Returned Item, Buyer Purchaser will debit any or all of such accounts Deposits in an the amount equal in the aggregate to the Returned Item. If those accounts do there are not contain sufficient funds sufficient in the Deposit, together with all other Deposits transferred at Closing standing in the name of the party responsible for such Returned Item, for Seller to reimburse Buyer fully (for reasons other than Buyer's breach of Section 13.7), Seller will, upon notice from Buyer, immediately repay to Buyer recover the full amount of the Returned Item and Buyer will assign Item, Seller shall debit the Returned Item to Seller Correspondent Account for collection. For a reasonable period the unrecovered portion of time after reimbursement from Seller, Buyer will cooperate with Seller in its efforts to obtain reimbursement from the party liable for the Returned Item. (c) ; provided, however, that if there are not sufficient funds in the Deposit because of Purchaser's failure to honor holds placed on such Deposits, Seller shall not debit the Correspondent Account for the unrecovered portion of the Returned Item. Any items that were credited for deposit to or cashed against an account at the Branch a Deposit prior to the Closing Date and are returned unpaid more than sixty (60) calendar days after the Closing Date will be the responsibility of Purchaser; provided, further however, that for a period of 18 months after the Closing checks drawn on the United States Treasury and checks issued by state governments and municipalities will be the responsibility of Seller and for a period of 24 months after closing checks returned for endorsement irregularities shall be the responsibility of Seller. All amounts due to either party under this Section 6.5 shall be determined without regard to any Floor Amount.

Returned Items. Any items that were (i) credited for deposit to, or (ii) cashed against, to an account at the Branch Office prior to the Closing Date and are returned unpaid at any time after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System ("Returned Items") within ten (10) Business Days after the Closing Date will be handled as followsin the following manner: (a) If Seller is charged for the Returned Item, Seller shall notify Buyer and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit with Buyer in the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If Buyer's bank account is charged for the Returned Item, Buyer will use reasonable its best efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at the Branch Office or at any other branch office of Buyer standing in the name of the party liable for such Returned Itemitem, Buyer will debit any or all of such accounts in an amount equal in the aggregate to the Returned Item. If those accounts do not contain funds sufficient to reimburse Buyer fully (for reasons other than Buyer's breach of Section 13.7Article 12.2 of this Agreement), Seller will, upon notice from Buyer, Buyer immediately repay to Buyer the amount of the Returned Item and Buyer will assign the Returned Item to Seller for collection. For a reasonable period . (b) If Seller's bank account is charged for the Returned Item and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at the Branch Office or at any other branch office of time after reimbursement from SellerBuyer standing in the name of the party liable for such item, Buyer will cooperate with debit any or all of such accounts an amount equal in the aggregate to such Returned Item and shall repay that amount to Seller. If there are not sufficient funds in the accounts (for reasons other than Buyer's breach of Article 12.2 of this Agreement), Buyer will have no obligation to repay Seller an amount in its efforts to obtain excess of what is in the accounts unless and until Buyer obtains reimbursement from the party liable for the such Returned Item. (c) Any items that were credited for deposit to or cashed against an account at If Buyer receives the Branch prior to the Closing Date and are returned unpaid Returned Item more than sixty ten (6010) days after from the Closing date funds were credited, and there are insufficient funds in the account credited, Buyer shall notify the Seller before 12:00 noon on the day the Returned Items are received, and Seller, upon notice from the Buyer, immediately will be return the responsibility of Selleritem for late reclamation.

Returned Items. Any items that were (i) credited for deposit to, to or (ii) cashed against, an account at the Branch against a Deposit or a purchased Excluded Deposit prior to the Closing and are returned unpaid at any time or involve encoding errors or disputes of Regulation E, but excluding foreign items, on or within ninety (90) calendar days after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System Date ("“Returned Items"”) will be handled as follows: (a) set forth herein. If Seller Seller’s account is charged for the Returned Item, Seller shall notify Buyer forward such Returned Item to Purchaser and if shall credit the Correspondent Account for the full amount of the Returned Item. If upon Purchaser’s receipt of such Returned Item there are sufficient funds in the account Deposit or purchased Excluded Deposit to which such Returned Item was credited or in any other accounts on deposit with Buyer in the name of the party liable for such Returned Item, Buyer will debit any Deposit or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If Buyer's bank account is charged for the Returned Item, Buyer will use reasonable efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit purchased Excluded Deposit transferred at any branch office of Buyer Closing standing in the name of the party liable responsible for such Returned Item, Buyer Purchaser will debit any or all of such accounts Deposits or purchased Excluded Deposits in an the amount equal in the aggregate to the Returned Item. If those accounts do there are not contain then sufficient funds sufficient in the Deposit or purchased Excluded Deposit, together with all other Deposits and purchased Excluded Deposits transferred at Closing standing in the name of the party responsible for such Returned Item, for Seller to reimburse Buyer fully (for reasons other than Buyer's breach of Section 13.7), Seller will, upon notice from Buyer, immediately repay to Buyer recover the full amount of the Returned Item and Buyer will assign Item, Seller shall debit the Returned Item to Seller Correspondent Account for collection. For a reasonable period the unrecovered portion of time after reimbursement from Seller, Buyer will cooperate with Seller in its efforts to obtain reimbursement from the party liable for the Returned Item. (c) ; provided, however, that if there are not sufficient funds in the Deposit or purchased Excluded Deposit because of Purchaser’s failure to honor holds placed on such Deposits or purchased Excluded Deposits prior to the Closing and disclosed in writing to Purchaser prior to Closing, Seller shall not debit the Correspondent Account for the unrecovered portion of the Returned Item. Any items that were credited for deposit to or cashed against an account at the Branch a Deposit or purchased Excluded Deposit prior to the Closing Date and are returned unpaid more than sixty ninety (6090) calendar days after the Closing Date will be the responsibility of Purchaser; provided, further however, that for a period of eighteen (18) months after the Closing checks drawn on the United States Treasury and checks issued by state governments and municipalities will be the responsibility of Seller and for a period of twenty-four (24) months after the Closing checks returned for endorsement irregularities shall be the responsibility of Seller. All amounts due to either party under this Section 6.5 shall be determined without regard to any Floor Amount.

Returned Items. Any items that were (i) credited prior to Closing for deposit to, or (ii) cashed against, an account at the Branch prior to the Closing and Assumed Liability which are returned unpaid at any time after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System ("“Returned Items"”) will shall be handled as followsfollows within ninety (90) calendar days following Closing: (a) If Seller Buyer’s bank account is charged for the Returned Item, Buyer shall use its reasonable efforts to obtain reimbursement from the account to which, or from the party to whom, the item was credited; provided, that if Seller receives notification of a large Returned Item ($2,500 or more) before 2:00 p.m. Pacific Time on any Business Day, Seller shall notify Buyer and if of such Returned Item as soon as practicable on the same day notification is received. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit with Buyer standing in the name of the party liable for such Returned Item, upon proper identification of such party, Buyer will shall debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject accountItem, if lessprovided that such debit is permissible under Buyer’s agreement with such party and applicable laws and regulations. If there are not sufficient funds in the those accounts which may be debited do not contain funds sufficient to reimburse Buyer fully (for reasons other than Buyer's ’s breach of Section 13.7the above conditions), Seller shall, upon notice from Buyer, reimburse Buyer will have no obligation to the extent sufficient funds are available and immediately repay Seller unless and until to Buyer obtains reimbursement from the party liable for balance of the Returned ItemItem not reimbursed and Buyer shall assign the Returned Item to Seller for collection. (b) If Buyer's Seller’s bank account is charged for the Returned Item, Seller shall notify Buyer will use reasonable efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item was creditedas soon as practicable. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at any branch office of with Buyer standing in the name of the party liable for such Returned Item, upon proper identification of such party, Buyer will shall debit any or all of such accounts in an amount equal in the aggregate to the Returned ItemItem and shall repay that amount to Seller. If those there are not sufficient funds in the accounts do not contain funds sufficient to reimburse Buyer fully which may be debited (for reasons other than Buyer's ’s breach of Section 13.7the above conditions), Buyer shall have no obligation to repay Seller will, upon notice from Buyer, immediately repay to unless and until Buyer the amount of the Returned Item and Buyer will assign the Returned Item to Seller for collection. For a reasonable period of time after reimbursement from Seller, Buyer will cooperate with Seller in its efforts to obtain obtains reimbursement from the party liable for the Returned Item. (c) Any items that were credited for deposit to or cashed against an account at the Branch prior to the Closing Date and are returned unpaid more than sixty (60) days after the Closing will be the responsibility of Seller.

Returned Items. Any items that were (i) credited for deposit to, or (ii) cashed against, to an account at the Branch Office prior to the Closing Date and are returned unpaid at any time after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System ("Returned Items") within ten (10) Business Days after the Closing Date will be handled as followsin the following manner: (a) If Seller is charged for the Returned Item, Seller shall notify Buyer and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit with Buyer in the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If Buyer's bank account is charged for the Returned Item, Buyer will use reasonable its best efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at the Branch Office or at any other branch office of Buyer standing in the name of the party liable for such Returned Itemitem, Buyer will debit any or all of such accounts in an amount equal in the aggregate to the Returned Item. If those accounts do not contain funds sufficient to reimburse Buyer fully (for reasons other than Buyer's breach of Section 13.7Article 12.2 of this Agreement), Seller will, upon notice from Buyer, immediately repay to Buyer the amount of the Returned Item and Buyer will assign the Returned Item to Seller for collection. For a reasonable period . (b) If Seller's bank account is charged for the Returned Item and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at the Branch Office or at any other branch office of time after reimbursement from SellerBuyer standing in the name of the party liable for such item, Buyer will cooperate with debit any or all of such accounts an amount equal in the aggregate to such Returned Item and shall repay that amount to Seller. If there are not sufficient funds in the accounts (for reasons other than Buyer's breach of Article 12.2 of this Agreement), Buyer will have no obligation to repay Seller an amount in its efforts to obtain excess of what is in the accounts unless and until Buyer obtains reimbursement from the party liable for the such Returned Item. (c) Any items that were credited for deposit to or cashed against an account at If Buyer receives the Branch prior to the Closing Date and are returned unpaid Returned Item more than sixty ten (6010) days after from the Closing date funds were credited, and there are insufficient funds in the account credited, Buyer shall notify the Seller before 12:00 noon on the day the Returned Items are received, and Seller, upon notice from the Buyer, immediately will be return the responsibility of Selleritem for late reclamation.

Returned Items. Any items that were (i) credited for deposit to, or (ii) cashed against, to an account at the Branch Office prior to the Closing Date and are returned unpaid at any time after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System ("Returned Items") within ten (10) Business Days after the Closing Date will be handled as followsin the following manner: (a) If Seller is charged for the Returned Item, Seller shall notify Buyer and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit with Buyer in the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If Buyer's bank account is charged for the Returned Item, Buyer will use reasonable its best efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at the Branch Office or at any other branch office of Buyer standing in the name of the party liable for such Returned Itemitem, Buyer will debit any or all of such accounts in an amount equal in the aggregate to the Returned Item. If those accounts do not contain funds sufficient to reimburse Buyer fully (for reasons other than Buyer's breach of Section 13.7Article 12.2 of this Agreement), Seller will, upon notice from Buyer, Buyer immediately repay to Buyer the amount of the Returned Item and Buyer will assign the Returned Item to Seller for collection. For a reasonable period . (b) If Seller's bank account is charged for the Returned Item and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at the Branch Office or at any other branch office of time after reimbursement from SellerBuyer standing in the name of the party liable for such item, Buyer will cooperate with debit any or all of such accounts an amount equal in the aggregate to such Returned Item and shall repay that amount to Seller. If there are not sufficient funds in the accounts (for reasons other than Buyer's breach of Article 12.2 of this Agreement), Buyer will have no obligation to repay Seller an amount in its efforts to obtain excess of what is in the accounts unless and until Buyer obtains reimbursement from the party liable for the such Returned Item. (c) Any items that were credited for deposit to or cashed against an account at If Buyer receives the Branch prior to the Closing Date and are returned unpaid Returned Item more than sixty (6010) days after from the Closing date funds were credited, and there are insufficient funds in the account credited, Buyer shall notify the Seller before 12:00 noon on the day the Returned Items are received, and Seller, upon notice from the Buyer, immediately will be return the responsibility of Selleritem for late reclamation.

Returned Items. Any items that were (i) credited for deposit to, or (ii) cashed against, to an -------- ----- account at the Branch Offices prior to the Closing Date and are returned unpaid at any time after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System ("Returned Items") within six (6) months after the Closing Date will be handled as followsin the following manner: (a) If Seller is charged for the Returned Item, Seller shall notify Buyer and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit with Buyer in the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If Buyer's bank account is charged for the Returned Item, Buyer will use reasonable its best efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at the Branch Offices or at any other branch office of Buyer standing in the name of the party liable for such Returned Itemitem, Buyer will debit any or all of such accounts in an amount equal in the aggregate to the Returned Item. If those accounts do not contain funds sufficient to reimburse Buyer fully (for reasons a reason other than Buyer's breach of Section 13.712.2), Seller will, upon notice from Buyer, immediately repay to Buyer the amount of the Returned Item and Buyer will assign the Returned Item to Seller for collection. For a reasonable period ; (b) If Seller's bank account is charged for the Returned Item and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at the Covina Branch or any other branch office of time after reimbursement from SellerBuyer standing in the name of the party liable for such item, Buyer will cooperate with debit any or all of such accounts an amount equal in the aggregate to such Returned Item and shall repay that amount to Seller. If there are not sufficient funds in the accounts (for reasons other than Buyer's breach of Section 12.2), Buyer shall have no obligation to repay Seller an amount in its efforts to obtain excess of what is in the accounts unless and until Buyer obtains reimbursement from the party liable for the such Returned Item. (c) Any items that were credited for deposit to or cashed against an account at the Branch prior to the Closing Date and are returned unpaid more than sixty (60) days after the Closing will be the responsibility of Seller.

Returned Items. Any items that were (i) credited for deposit to, or (ii) cashed against, an account at the Branch Branches prior to the Closing and are returned unpaid at any time after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System ("Returned Items") will be handled as follows: (a) If Seller is charged for the Returned Item, Seller shall notify Buyer and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit with Buyer in the name of the party liable for such Returned ItemItem and which Buyer may lawfully debit for such purpose, Buyer will debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item, and in such event Buyer shall pay over to Seller the amount of such reimbursement, after reduction by the amount of the applicable Deposit Premium Percentage thereof. (b) If Buyer's bank account is charged for the Returned Item, Buyer will use reasonable efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at any branch office of Buyer standing in the name of the party liable for such Returned ItemItem and which Buyer may lawfully debit for such purpose, Buyer will debit any or all of such accounts in an amount equal in the aggregate to the Returned Item. If those accounts do not contain funds sufficient to reimburse Buyer fully (for reasons other than Buyer's breach of Section 13.7), Seller will, upon notice from Buyer, immediately repay to Buyer the amount of the Returned Item plus an amount equal to the applicable Deposit Premium Percentage thereof and Buyer will assign the Returned Item to Seller for collectionSeller. For a reasonable period of time after reimbursement from Seller, Buyer will cooperate with Seller in its efforts to obtain reimbursement from the party liable for the Returned Item. (c) Any items that were credited for deposit to or cashed against an account at the Branch Branches prior to the Closing Date and are returned unpaid more than sixty (60) days after the Closing will be the responsibility of Seller.

Returned Items. Any items items, other than those issued by a federal, state or local government or related entity, that were (i) credited for deposit to, or (ii) cashed against, to an account at the Branch Branches prior to the Closing Date and are returned unpaid within ninety (90) days and any checks issued by a federal, state or local government or any related entity that were credited for deposit to an account at any time the Branches prior to the Closing Date and are returned unpaid within one year after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System Date ("Returned Items") ), will be handled as followsin the following manner: (ai) If Seller is charged for the Returned Item, Seller shall notify Buyer and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit with Buyer in the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If BuyerALBANK's bank account is charged for the Returned Item, Buyer ALBANK will use reasonable efforts attempt to obtain reimbursement from the account to which, which or from the party to whom, whom the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at the Branches or at any other branch office of Buyer ALBANK standing in the name of the party liable for such Returned Itemitem, Buyer will ALBANK will, to the extent legally permissible, debit any or all of such accounts in an amount equal in the aggregate to the Returned Item. If those accounts do not contain funds sufficient to reimburse Buyer ALBANK fully (for reasons other than BuyerALBANK's breach of Section 13.714(b) of this Agreement), Seller or ALBANK is otherwise unable to debit such accounts, the Company will, upon notice from BuyerALBANK, immediately repay report to Buyer ALBANK the amount of the Returned Item and Buyer ALBANK will assign the Item to the Company for collection; (ii) If the Company's bank account is charged for the Returned Item and if there are sufficient funds in the account to Seller which such Returned Item was credited or any other accounts on deposit at the Branches or at any other branch office of ALBANK standing in the name of the party liable for collectionsuch item, ALBANK will, to the extent legally permissible, debit any or all of such accounts an amount equal in the aggregate to such Returned Item and shall repay that amount to the Company. For a reasonable period If there are not sufficient funds in the accounts (for reasons other than ALBANK's breach of time after reimbursement from SellerSection 14(b) of this Agreement), Buyer will cooperate with Seller in its efforts ALBANK shall have no obligation to obtain repay the Company unless and until ALBANK obtains reimbursement from the party liable for the such Returned Item. (c) Any items that were credited for deposit to or cashed against an account at the Branch prior to the Closing Date and are returned unpaid more than sixty (60) days after the Closing will be the responsibility of Seller.

Returned Items. Except as provided in this subsection, Buyer shall obtain the benefit of and shall bear the risk of all checks, drafts, withdrawal orders, and items of any kind which are deposited and credited to an Account by Seller prior to Closing ("Deposit Items") relating to or originating from the Accounts which are in transit as of the Effective Time. Any items Deposit Items that were (i) credited for deposit to, or (ii) cashed against, to an account at the Branch Account prior to the Closing Effective Time and are returned unpaid at any time after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System ("Returned ItemsItem") on or after the Effective Time will be handled as follows:in following manner. (ai) If Seller is charged for the Returned Item, Seller shall notify Buyer and if there are sufficient funds in the account Account to which such Returned Item was credited or any other accounts on deposit with credited, and Buyer in the name has a right of the party liable for charge-back against such Returned ItemAccount, Buyer will debit any or all of such accounts Account an amount equal in the aggregate to the such Returned Item or all funds available in and shall repay that amount to Seller, reduced however, by the subject accountamount of the Premium, if less. any, attributable to such Returned Item; or (ii) If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7)Account, Buyer will use its commercially reasonable efforts to obtain reimbursement from the party to whom the Returned Item was credited, but Buyer will have no obligation to repay Seller an amount in excess of what is in the Account unless and until Buyer obtains reimbursement from the party liable for the such Returned Item. (biii) If Buyer's bank account is charged Any repayment obligation of the Buyer to the Seller for the Returned Item, Buyer will use reasonable efforts to obtain reimbursement Items shall be conditional upon such Returned Items being debited from the Seller's account to which, or from with the party to whom, the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at any branch office of Buyer standing in the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts in an amount equal in the aggregate to the Returned Item. If those accounts do not contain funds sufficient to reimburse Buyer fully (for reasons other than Buyer's breach of Section 13.7), Seller will, upon notice from Buyer, immediately repay to Buyer the amount of the Returned Item and Buyer will assign the Returned Item to Seller for collection. For a reasonable period of time after reimbursement from Seller, Buyer will cooperate with Seller in its efforts to obtain reimbursement from the party liable for the Returned Item. (c) Any items that were credited for deposit to or cashed against an account at the Branch prior to the Closing Date and are returned unpaid more than sixty (60) days Federal Reserve Bank after the Closing Date. To the extent that the processing of any item or transaction pursuant to this Section 10 requires the cooperation of the other party, that party will be the responsibility of Sellerprovide such cooperation.

Returned Items. Any (a) From and after the Closing Date, each party shall cooperate with the other party to the extent required to accomplish the transactions contemplated by this Agreement. Without limiting the generality of the foregoing, any items that were (i) credited for deposit to, or (ii) cashed against, an account at the Branch to any Account prior to the Closing Date and are returned unpaid at any time after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System ("Returned Items") after the Closing Date will be handled as followsin the following manner: (ai) If Seller is charged for If, within seven (7) calendar days after the Returned ItemClosing Date, Seller shall notify Buyer and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit with Buyer in the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If Buyer's bank account is charged for the Returned Item, Buyer will use reasonable its best efforts to obtain reimbursement from the account Account to which, or from the party to whom, the Returned Item was previously credited. If there are sufficient funds in the account Account to which such Returned Item was credited or any other accounts on deposit at any branch office of Buyer the Branches standing in the name of the party liable for such Returned Itemitem, Buyer will debit any or all of such accounts in an amount equal in the aggregate to the Returned Item. If those accounts do not contain funds sufficient to reimburse Buyer fully (for reasons other than Buyer's breach of Section 13.7)fully, Seller will, upon notice from Buyer, immediately repay to Buyer the amount of the Returned Item and Buyer will assign the Returned Item to Seller for collection. For a reasonable period ; (ii) If, within seven (7) calendar days after the Closing Date, Seller's bank account is charged for the Returned Item and if there are sufficient funds in the Account to which such Returned Item was previously credited or any other accounts on deposit at the Branches standing in the name of time after reimbursement from Seller, Buyer will cooperate with Seller in its efforts to obtain reimbursement from the party liable for such item, Buyer will debit any or all of such accounts an amount equal to the aggregate such Returned ItemItem and shall repay that amount to Seller. (ciii) Any items If either Seller or Buyer receive any Returned Item after eight (8) calendar days after the date funds were credited, and there are insufficient funds in the Account originally credited, Seller shall reasonably assist Buyer, upon receiving notice from the Buyer, in making any applicable claims with respect to the lateness of the Returned Item or failure to receive any required notice of non-payment. (b) Holds. Holds that were credited for deposit have been placed by Seller on particular Accounts or on individual checks, drafts, or other instruments before the Closing Date will be continued by Buyer under the same terms after the Closing Date. Seller will deliver to Buyer on the Closing Date a schedule of such holds. Buyer agrees to comply with the terms and conditions of any garnishment, citation, levy, court order, or cashed against an account at the Branch similar legal process received by Seller prior to the Closing Date and are returned unpaid more than sixty (60) days requiring the payment of funds after the Closing will be the responsibility of SellerDate with respect to any Account.

Returned Items. Any items that were (i) credited for deposit to, to or (ii) cashed against, an account at the Branch against a Deposit or a purchased Excluded Deposit prior to the Closing and are returned unpaid at any time or involve encoding errors or disputes of Regulation E, but excluding foreign items, on or within ninety (90) calendar days after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System Date ("“Returned Items"”) will be handled as follows: (a) set forth herein. If Seller Seller’s account is charged for the Returned Item, Seller shall notify Buyer forward such Returned Item to Purchaser and if shall credit the Correspondent Account for the full amount of the Returned Item. If upon Purchaser’s receipt of such Returned Item there are sufficient funds in the account Deposit or purchased Excluded Deposit to which such Returned Item was credited or in any other accounts on deposit with Buyer in the name of the party liable for such Returned Item, Buyer will debit any Deposit or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If Buyer's bank account is charged for the Returned Item, Buyer will use reasonable efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit purchased Excluded Deposit transferred at any branch office of Buyer Closing standing in the name of the party liable responsible for such Returned Item, Buyer Purchaser will debit any or all of such accounts Deposits or purchased Excluded Deposits in an the amount equal in the aggregate to the Returned Item. If those accounts do there are not contain then sufficient funds sufficient in the Deposit or purchased Excluded Deposit, together with all other Deposits and purchased Excluded Deposits transferred at Closing standing in the name of the party responsible for such Returned Item, for Seller to reimburse Buyer fully (for reasons other than Buyer's breach of Section 13.7), Seller will, upon notice from Buyer, immediately repay to Buyer recover the full amount of the Returned Item and Buyer will assign Item, Seller shall debit the Returned Item to Seller Correspondent Account for collection. For a reasonable period the unrecovered portion of time after reimbursement from Seller, Buyer will cooperate with Seller in its efforts to obtain reimbursement from the party liable for the Returned Item. (c) ; provided, however, that if there are not sufficient funds in the Deposit or purchased Excluded Deposit because of Purchaser’s failure to honor holds placed on such Deposits or purchased Excluded Deposits prior to the Closing and disclosed in writing to Purchaser prior to Closing, Seller shall not debit the Correspondent Account for the unrecovered portion of the Returned Item. Any items that were credited for deposit to or cashed against an account at the Branch a Deposit or purchased Excluded Deposit prior to the Closing Date and are returned unpaid more than sixty ninety (6090) calendar days after the Closing Date will be the responsibility of Seller.

Returned Items. Any items that were (i) credited for deposit to, or (ii) cashed against, an account at the Branch prior to the Closing and are returned unpaid at any time after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System ("Returned Items") will be handled as follows: (a) If Seller IBC is charged for the a Returned Item, Seller shall notify Buyer and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit with Buyer in the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If Buyer's bank account is charged for the Returned Item, Buyer IBC will use reasonable its best efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at any branch office of Buyer with IBC standing in the name of the party liable for such Returned Item, Buyer upon proper identification of such 40 party, IBC will debit any or all of such accounts in an amount equal in the aggregate to the amount of such Returned Item, provided that such debit is permitted by IBC's agreement with such party and by applicable laws and regulations. If those such accounts do not contain funds sufficient to reimburse Buyer fully (for reasons other than Buyer's breach of Section 13.7)IBC fully, Seller Home Savings will, upon notice from BuyerIBC, reimburse IBC to the extent sufficient funds are available and immediately repay to Buyer IBC the amount balance of the Returned Item not reimbursed and Buyer IBC will assign the item to Home Savings for collection. (ii) If Home Savings is charged for a Returned Item and if there are sufficient funds in the account to Seller which such Returned Item was credited or any other account on deposit with IBC standing in the name of the party liable for collectionsuch Returned Item, upon proper identification of such party, Home Savings shall immediately notify IBC, and IBC will debit any or all of such accounts an amount equal to the amount of such Returned Item, provided that such debit is permitted by IBC's agreement with such party and by applicable laws and regulations, and IBC shall immediately repay such amount to Home Savings. For a reasonable period If such accounts do not contain funds sufficient to reimburse Home Savings fully, IBC will have no obligation to pay any of time after reimbursement from Seller, Buyer will cooperate with Seller in its efforts such shortfall to obtain Home Savings unless and until IBC obtains reimbursement from the party liable for the Returned Item. (c) Any items that were credited for deposit to or cashed against an account at the Branch prior to the Closing Date and are returned unpaid more than sixty (60) days after the Closing will be the responsibility of Seller.

Returned Items. Any items that were (i) credited for deposit to, or (ii) cashed against, an If Seller's bank account at the Branch prior to the Closing and are returned unpaid at any time after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System ("Returned Items") will be handled as follows: (a) If Seller is charged for the a Returned Item, Seller shall notify Buyer and if forward such Returned Item to Buyer, with same-day notification to Buyer. If upon Buyer's receipt of such Returned Item there are sufficient funds in the Deposit Liability account to which such Returned Item was credited or any other accounts on deposit with Buyer in Deposit Liability account transferred at the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If Buyer's bank account is charged for the Returned Item, Buyer will use reasonable efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at any branch office of Buyer Closing standing in the name of the party liable for such Returned Item, Buyer will debit any or all of such Deposit Liability accounts in an amount equal in the aggregate to the Returned Item, to the extent of any balance in such Deposit Liability account, and shall repay that amount to Seller. If those there are not sufficient funds in the Deposit Liability accounts do because of Seller's failure to honor holds placed on such Deposit Liability accounts, Buyer shall forward such Returned Item to Seller and Seller shall take responsibility for collection of the unpaid amount, and Buyer shall not contain be liable to Seller for the amount of the Returned Item. If there are not sufficient funds sufficient to reimburse Buyer fully (for reasons in the Deposit Liability accounts other than Buyerbecause of Seller's breach of Section 13.7)failure to honor holds placed on such Deposit Liability accounts, Seller will, upon notice from Buyer, immediately Buyer shall repay to Buyer the amount of the Returned Item and Buyer will assign the Returned Item to Seller for collectionSeller. For a reasonable period of time after reimbursement from Seller, Buyer will cooperate with Seller in its efforts to obtain reimbursement from the party liable for the Returned Item. (c) Any items that were credited for deposit to or cashed against an a Deposit Liability account at the Branch on or prior to the Closing Date and are returned unpaid more than sixty (60) days after the Closing Date will be the responsibility of the Buyer, except that for a period of eighteen months after the Closing Date checks drawn on the United States Treasury, checks issued by state governments and municipalities, and cashier's checks will be the responsibility of Seller.

Returned Items. Any items that were (i) credited prior to Closing for deposit to, or (ii) cashed against, an account at the Branch prior to the Closing and any Liability, which are returned unpaid at any time after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System ("“Returned Items"”) will shall be handled as followsfollows within ninety (90) calendar days following Closing: (a) If Seller Buyer’s bank account is charged for the Returned Item, Buyer shall use its reasonable efforts to obtain reimbursement from the account to which, or from the party to whom, the item was credited; provided, that if Seller receives notification of a large Returned Item ($2,500 or more) before 2:00 p.m. Pacific Time on any business day, Seller shall notify Buyer and if of such Returned Item as soon as practicable on the same day notification is received. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit with Buyer standing in the name of the party liable for such Returned Item, upon proper identification of such party, Buyer will shall debit any or all of such accounts an amount equal in the aggregate to the Returned Item, provided that such debit is permissible under Buyer’s agreement with such party and applicable laws and regulations. If those accounts which may be debited do not contain funds sufficient to reimburse Buyer fully (for reasons other than Buyer’s breach of the above conditions) or if such debit is not permissible under Buyer’s agreement with such party and applicable laws and regulations, Seller shall, upon notice from Buyer, reimburse Buyer to the extent sufficient funds are available and immediately repay to Buyer the balance of the Returned Item not reimbursed and Buyer shall assign the Returned Item to Seller for collection. The Deposit Premium shall be adjusted for any Returned Item and such amount shall be refunded to Buyer within five (5) business days of notice by Buyer to Seller. (b) If Seller’s bank account is charged for the Returned Item, Seller shall notify Buyer as soon as practicable. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit with Buyer standing in the name of the party liable for such Returned Item, upon proper identification of such party, Buyer shall debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if lessand shall repay that amount to Seller. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's ’s breach of Section 13.7)the above conditions) or if such debit is not permissible under Buyer’s Agreement with such party and applicable laws and regulations, Buyer will shall have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (bc) If Seller shall establish a correspondent account with another financial institution, reasonably acceptable to the Buyer's bank account is charged for , with such institution to assume its obligations under this section following the Returned Item, Buyer will use reasonable efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at any branch office of Buyer standing in the name liquidation of the party liable for such Returned Item, Buyer will debit any or all of such accounts in an amount equal in the aggregate to the Returned Item. If those accounts do not contain funds sufficient to reimburse Buyer fully (for reasons other than Buyer's breach of Section 13.7), Seller will, upon notice from Buyer, immediately repay to Buyer the amount of the Returned Item and Buyer will assign the Returned Item to Seller for collection. For a reasonable period of time after reimbursement from Seller, Buyer will cooperate with Seller in its efforts to obtain reimbursement from the party liable for the Returned Item. (c) Any items that were credited for deposit to or cashed against an account at the Branch prior to the Closing Date and are returned unpaid more than sixty (60) days after the Closing will be the responsibility of Seller.

Returned Items. Any items that were (i) credited for deposit to, to or (ii) cashed against, an account at the Branch against a Deposit prior to the Closing and are returned unpaid at any time on or within 60 days after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System Date ("Returned Items") will be handled as follows: (a) If Seller is charged for the Returned Item, Seller shall notify Buyer and if there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit with Buyer in the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if lessset forth herein. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If BuyerSeller's bank account is charged for the Returned Item, Buyer will use reasonable efforts Seller shall forward such Returned Item to obtain reimbursement from Purchaser and shall credit the account to which, or from Correspondent Account for the party to whom, full amount of the Returned Item was creditedItem. If upon Purchaser's receipt of such Returned Item there are sufficient funds in the account Deposit to which such Returned Item was credited or in any other accounts on deposit Deposit transferred at any branch office of Buyer Closing standing in the name of the party liable responsible for such Returned Item, Buyer Purchaser will debit any or all of such accounts Deposits in an the amount equal in the aggregate to the Returned Item. If those accounts do there are not contain sufficient funds sufficient in the Deposit, together with all other Deposits transferred at Closing standing in the name of the party responsible for such Returned Item, for Seller to reimburse Buyer fully (for reasons other than Buyer's breach of Section 13.7), Seller will, upon notice from Buyer, immediately repay to Buyer recover the full amount of the Returned Item and Buyer will assign Item, Seller shall debit the Returned Item to Seller Correspondent Account for collection. For a reasonable period the unrecovered portion of time after reimbursement from Seller, Buyer will cooperate with Seller in its efforts to obtain reimbursement from the party liable for the Returned Item. (c) ; provided, however, that if there are not sufficient funds in the Deposit because of Purchaser's failure to honor holds placed on such Deposits, Seller shall not debit the Correspondent Account for the unrecovered portion of the Returned Item. Any items that were credited for deposit to or cashed against an account at the Branch a Deposit prior to the Closing Date and are returned unpaid more than sixty (60) 60 days after the Closing Date will be the responsibility of Purchaser; provided, however, that for a period of 18 months after the Closing checks drawn on the United States Treasury and checks issued by state governments and municipalities will be the responsibility of Seller and for a period of 24 months after closing checks returned for endorsement irregularities shall be the responsibility of Seller.

Returned Items. Any items that were (i) item credited for deposit to, to an Assumed Deposit Account on or (ii) cashed against, an account at the Branch prior to the Closing Date and are returned unpaid at any time within sixty (60) calendar days after the Closing and within the guidelines specified under "Regulation CC" of the Federal Reserve System Date ("each a “Returned Items"Item”) will be handled as follows: (a) provided in this Section 2.8.8. If Seller Seller’s bank account is charged for the Returned Item, Seller shall notify Buyer and if forward such Returned Item to Buyer. If upon Buyer’s receipt of such Returned Item there are sufficient funds in the account Assumed Deposit to which such Returned Item was credited or any other accounts on deposit with Buyer in Assumed Deposit transferred at the name of the party liable for such Returned Item, Buyer will debit any or all of such accounts an amount equal in the aggregate to the Returned Item or all funds available in the subject account, if less. If there are not sufficient funds in the accounts which may be debited (for reasons other than Buyer's breach of Section 13.7), Buyer will have no obligation to repay Seller unless and until Buyer obtains reimbursement from the party liable for the Returned Item. (b) If Buyer's bank account is charged for the Returned Item, Buyer will use reasonable efforts to obtain reimbursement from the account to which, or from the party to whom, the Returned Item was credited. If there are sufficient funds in the account to which such Returned Item was credited or any other accounts on deposit at any branch office of Buyer Closing standing in the name of the party liable for such Returned ItemItem or otherwise maintained by Buyer at one of its branches for such party, Buyer will debit any or all of such accounts in Assumed Deposit Accounts an amount equal in the aggregate to the Returned Item, and shall deposit that amount in the Correspondent Account. If those accounts do there are not contain sufficient funds sufficient in the Assumed Deposit because of Buyer’s failure to reimburse honor holds placed on such Assumed Deposit (assuming Buyer fully (for reasons other than Buyer's breach was duly notified of Section 13.7the hold), Seller will, upon notice from Buyer, immediately repay to Buyer shall deposit the amount of the Returned Item and in the Correspondent Account. If there are not sufficient funds in the Assumed Deposit for any other reason, Buyer will assign shall repay the Returned Item balance of the Assumed Deposit to Seller and create an overdraft for collection. For a reasonable period the unrecovered portion of time after reimbursement from Seller, Buyer will cooperate with Seller in its efforts to obtain reimbursement from the party liable for the Returned Item. (c) . Any items that were credited for deposit to or cashed against an account Assumed Deposit at the Branch any of Seller’s branches prior to the Closing Date and are returned unpaid more than sixty (60) calendar days after the Closing Date will be the responsibility of Buyer, except that for a period of eighteen (18) months after the Closing Date checks drawn on the United States Treasury, checks issued by state governments and municipalities and checks returned for endorsement irregularities or alterations will be the responsibility of Seller. Seller will deposit in the Correspondent Account such portion of any overdraft amount on an Assumed Deposit (including interest at the Federal Funds Rate in effect on the Closing Date) created by Returned Items received by Seller and passed on to Buyer during the sixty (60) calendar days that follow the Closing Date, which is not recovered by Buyer within sixty (60) calendar days after the Closing Date.