Common use of Use of Check Images and Substitute Checks Clause in Contracts

Use of Check Images and Substitute Checks. You agree that We may debit Your Account for a Check image of an original Check presented for payment or collection. In this situation, We may debit Your Account without receipt of, or review of, the original Check associated with the Check image. In Our sole discretion, We may return to a presenting bank, returning bank or paying bank or credit to Your Account, a paper copy or paper representation of an original Check (including without limitation an image replacement document or IRD, or a photocopy) drawn on or returned to Your Account that does not otherwise meet the technical or legal requirements for a substitute Check. You agree that a check image that is received or created by Bank in the Check deposit, collection or return process shall be considered a “Check” and/or an “item” for all purposes under this Agreement and applicable law. In addition, a Check that You write may be truncated in the Check collection process and replaced with a substitute Check. You authorize Us to pay, process or return a substitute Check in the same manner as “Check” or “item” under this Agreement. Substitute Checks are governed under the Check Clearing for the 21st Century Act (“Check 21 Act”) and the terms of this Agreement, to the extent not modified by the Check 21 Act. Notwithstanding the foregoing, You understand that Your Checks are drawn on an omnibus account maintained by Administrator (on behalf of Pershing) with Bank, and that as a result, You are not considered a “consumer” as that term is used in the Check 21 Act. You agree to indemnify and hold harmless Us, Our employees and agents from any loss, claim, damage or expense that You or any other person may incur directly or indirectly as a result of any action taken by Us to process a Check image or substitute Check instead of the original Check, including the destruction of the original Check, as described above, to the extent permitted by applicable law.

Use of Check Images and Substitute Checks. You agree that We we may debit Your your Account for a Check image of an original Check presented for payment or collection. In this situation, We we may debit Your your Account without receipt of, or review of, the original Check associated with the Check image. In Our our sole discretion, We we may return to a presenting bank, returning bank or paying bank or credit to Your your Account, a paper copy or paper representation of an original Check (including without limitation an image replacement document or IRD, or a photocopy) drawn on or returned to Your your Account that does not otherwise meet the technical or legal requirements for a substitute Check. You agree that a check image that is received or created by Bank in the Check deposit, collection or return process shall be considered a “Check” and/or an “item” for all purposes under this Agreement and applicable law. In addition, a Check that You you write may be truncated in the Check collection process and replaced with a substitute Check. You authorize Us us to pay, process or return a substitute Check in the same manner as “Check” or “item” under this Agreement. Substitute Checks are governed under the Check Clearing for the 21st Century Act (“Check 21 Act”) and the terms of this Agreement, to the extent not modified by the Check 21 Act. Notwithstanding the foregoing, You you understand that Your your Checks are drawn on an omnibus account maintained by Administrator BNY Mellon (on behalf of PershingPhoenix) with Bank, and that as a result, You you are not considered a “consumer” as that term is used in the Check 21 Act. You agree to indemnify and hold harmless Usus, Our our employees and agents from any loss, claim, damage or expense that You you or any other person may incur directly or indirectly as a result of any action taken by Us us to process a Check image or substitute Check instead of the original Check, including the destruction of the original Check, as described above, to the extent permitted by applicable law.

Use of Check Images and Substitute Checks. You agree that We we may debit Your your Account for a Check image of an original Check presented for payment or collection. In this situation, We we may debit Your your Account without receipt of, or review of, the original Check associated with the Check image. In Our our sole discretion, We we may return to a presenting bank, returning bank or paying bank or credit to Your your Account, a paper copy or paper representation of an original Check (including without limitation an image replacement document or IRD, or a photocopy) drawn on or returned to Your your Account that does not otherwise meet the technical or legal requirements for a substitute Check. You agree that a check image that is received or created by Bank in the Check deposit, collection or return process shall be considered a “Check” and/or an “item” for all purposes under this Agreement and applicable law. In addition, a Check that You you write may be truncated in the Check collection process and replaced with a substitute Check. You authorize Us us to pay, process or return a substitute Check in the same manner as “Check” or “item” under this Agreement. Substitute Checks are governed under the Check Clearing for the 21st Century Act (“Check 21 Act”) and the terms of this Agreement, to the extent not modified by the Check 21 Act. Notwithstanding the foregoing, You you understand that Your your Checks are drawn on an omnibus account maintained by Administrator (on behalf of Pershing) with Bank, and that as a result, You you are not considered a “consumer” as that term is used in the Check 21 Act. You agree to indemnify and hold harmless Usus, Our our employees and agents from any loss, claim, damage or expense that You you or any other person may incur directly or indirectly as a result of any action taken by Us us to process a Check image or substitute Check instead of the original Check, including the destruction of the original Check, as described above, to the extent permitted by applicable law.

Use of Check Images and Substitute Checks. You agree that We we may debit Your your Account for a Check image of an original Check presented for payment or collection. In this situation, We we may debit Your your Account without receipt of, or review of, the original Check associated with the Check image. In Our our sole discretion, We we may return to a presenting bank, returning bank bank, or paying bank or credit to Your your Account, a paper copy or paper representation of an original Check (including without limitation an image replacement document or IRD, or a photocopy) drawn on or returned to Your your Account that does not otherwise meet the technical or legal requirements for a substitute Check. You agree that a check image that is received or created by Bank in the Check deposit, collection collection, or return process shall be considered a “Check” and/or an “item” for all purposes under this Agreement and applicable law. In addition, a Check that You you write may be truncated in the Check collection process and replaced with a substitute Check. You authorize Us us to pay, process process, or return a substitute Check in the same manner as “Check” or “item” under this Agreement. Substitute Checks are governed under the Check Clearing for the 21st Century Act (“Check 21 Act”) and the terms of this Agreement, to the extent not modified by the Check 21 Act. Notwithstanding the foregoing, You you understand that Your your Checks are drawn on an omnibus account maintained by Administrator BNY Mellon (on behalf of PershingStifel) with Bank, and that as a result, You you are not considered a “consumer” as that term is used in the Check 21 Act. You agree to indemnify and hold harmless Usus, Our employees our employees, and our agents from any loss, claim, damage damage, or expense that You you or any other person may incur directly or indirectly as a result of any action taken by Us us to process a Check image or substitute Check instead of the original Check, including the destruction of the original Check, as described above, to the extent permitted by applicable law.

Use of Check Images and Substitute Checks. You agree that We we may debit Your your Account for a Check image of an original origi- nal Check presented for payment or collection. In this situationsitua- tion, We we may debit Your your Account without receipt of, or review of, the original Check associated with the Check image. In Our our sole discretion, We we may return to a presenting bank, returning bank return- ing bank, or paying bank or credit to Your your Account, a paper copy or paper representation of an original Check (including without limitation an image replacement document or IRD, or a photocopy) drawn on or returned to Your your Account that does not otherwise meet the technical or legal requirements for a substitute Check. You agree that a check image that is received or created by Bank in the Check deposit, collection collection, or return process shall be considered a “Check” and/or an “item” for all purposes under this Agreement and applicable law. In addition, a Check that You you write may be truncated in the Check collection process and replaced with a substitute Check. You authorize Us us to pay, process process, or return a substitute Check in the same manner as “Check” or “item” under this Agreement. Substitute Checks are governed under the Check Clearing for the 21st Century Act (“Check 21 Act”) and the terms of this Agreement, to the extent not modified by the Check 21 Act. Notwithstanding the foregoing, You you understand that Your your Checks are drawn on an omnibus account maintained by Administrator BNY Mellon (on behalf of PershingStifel) with Bank, and that as a result, You you are not considered a “consumer” as that term is used in the Check 21 Act. You agree to indemnify and hold harmless Usus, Our employees our em- ployees, and our agents from any loss, claim, damage damage, or expense that You you or any other person may incur directly or indirectly as a result of any action taken by Us us to process a Check image or substitute Check instead of the original Check, including the destruction of the original Check, as described above, to the extent permitted by applicable law.

Use of Check Images and Substitute Checks. You agree that We we may debit Your your Account for a Check image of an original origi- nal Check presented for payment or collection. In this situation, We we may debit Your your Account without receipt of, or review of, the original Check associated with the Check image. In Our our sole discretion, We we may return to a presenting bank, returning bank bank, or paying bank or credit to Your your Account, a paper copy or paper representation of an original Check (including without limitation limita- tion an image replacement document or IRD, or a photocopy) drawn on or returned to Your your Account that does not otherwise meet the technical or legal requirements for a substitute Check. You agree that a check image that is received or created by Stifel Bank in the Check deposit, collection collection, or return process shall be considered a “Check” and/or an “item” for all purposes under this Agreement and applicable law. In addition, a Check that You you write may be truncated in the Check collection process and replaced with a substitute Check. You authorize Us us to pay, process process, or return a substitute Check in the same manner as “Check” or “item” under this Agreement. Substitute Checks are governed under the Check Clearing for the 21st Century Act (“Check 21 Act”) and the terms of this Agreement, to the extent not modified by the Check 21 Act. Notwithstanding the foregoing, You you understand that Your your Checks are drawn on an omnibus account maintained by Administrator Stifel Bank (on behalf of Pershing) with BankStifel), and that as a result, You you are not considered a “consumer” as that term is used in the Check 21 Act. You agree to indemnify and hold harmless Usus, Our employees our em- ployees, and our agents from any loss, claim, damage damage, or expense that You you or any other person may incur directly or indirectly as a result of any action taken by Us us to process a Check image or substitute Check instead of the original Check, including the destruction of the original Check, as described above, to the extent permitted by applicable law.

Use of Check Images and Substitute Checks. You I agree that We you and PNC may debit Your my Account for a Check image of an original Check presented for payment or collection. In this situation, We you and PNC may debit Your my Account without receipt of, or review of, the original Check associated with the Check image. In Our the sole discretiondiscretion of you or PNC, We you or PNC may return to a presenting bank, returning bank or paying bank or credit to Your my Account, a paper copy or paper representation of an original Check (including without limitation an image replacement document or IRD, or a photocopy) drawn on or returned to Your my Account that does not otherwise meet the technical or legal requirements for a substitute Check. You I agree that a check image that is received or created by Bank PNC in the Check deposit, collection or return process shall be considered a “"Check” " and/or an “"item” " for all purposes under this Agreement and applicable law. In addition, a Check that You I write may be truncated in the Check collection process and replaced with a substitute Check. You I authorize Us you and PNC to pay, process or return a substitute Check in the same manner as “"Check” " or “"item” " under this Agreement. Substitute Checks are governed under the Check Clearing for the 21st Century 21 Act (“Check 21 Act”) and the terms of this Agreement, to the extent not modified by the Check 21 Act. Notwithstanding the foregoing, You I understand that Your my Checks are drawn on an omnibus account maintained by Administrator (on behalf of Pershing) you with BankPNC, and that as a result, You are I am not considered a “consumer” as that term is used in the Check 21 Act. You I agree to indemnify and hold harmless Usyou and PNC, Our and your and PNC’s respective employees and agents from any loss, claim, damage or expense that You I or any other person may incur directly or indirectly as a result of any action taken by Us you or PNC to process a Check image or substitute Check instead of the original Check, including the destruction of the original Check, as described above, to the extent permitted by applicable law.

Use of Check Images and Substitute Checks. For each original check that you deposit, you hereby authorize us (and any collecting institution , returning institution, Reserve Bank or processor which subsequently receives the original check) to create an electronic image ("check image") of the original check, and to process that check image for collection, payment and return. You further authorize the destruction of the original check that has been imaged. We may in our sole discretion determine the manner in which to collect or return a check image. We may: (i) present or transfer the check image to the paying bank, a Federal Reserve Bank, a check clearing house, image exchange network, or other collecting bank or returning bank; or (ii) create a substitute check and collect such substitute check (governed by the Check Collection for the 21st Century Act referred to here as the "Check 21 Act") instead of the check image. A check image or a substitute check may be collected through one or more check clearinghouses, one or more Federal Reserve Banks, or pursuant to an exchange agreement with another depository institution. In such cases, you agree that the check image or substitute check is subject to the rules of that clearinghouse, Federal Reserve Bank, or exchange agreement. You agree that We we may debit Your your Account for any of the following items: (i) a Check check image of an original Check check drawn on your Account and presented for payment or collection, or (ii) a returned check image of an original check that was deposited by you. In this situationthese situations, We we may debit Your your Account without receipt of, or review of, the original Check check associated with the Check check image. In Our our sole discretion, We we may return to a presenting bank, returning bank or paying bank or credit post to Your your Account, a paper copy or paper representation of an original Check check (including without limitation an image replacement document or IRD, or a photocopy) drawn on or returned to Your your Account that does not otherwise meet the technical or legal requirements for a substitute Checkcheck. You agree that a check image that is received or created by Bank the Credit Union in the Check check deposit, collection or return process shall be considered a “Check” "check" and/or an “"item” " for all purposes under this Agreement and applicable law. In addition, a Check check that You write you deposit with us, or that you draw on your Account, may be truncated in the Check check collection process and replaced with a substitute Checkcheck. You authorize Us us to pay, process or return a substitute Check check in the same manner as “Check” "check" or “"item” " under this Agreement. Substitute Checks checks are governed under the Check Clearing for the 21st Century 21 Act (“Check 21 Act”) and the terms of this Agreement, to the extent not modified by the Check 21 Act. Notwithstanding the foregoing, You understand that Your Checks are drawn on an omnibus account maintained by Administrator (on behalf of Pershing) with Bank, and that as a result, You are not considered a “consumer” as that term is used in the Check 21 Act. You agree to indemnify and hold harmless Usus, Our our employees and agents from any loss, claim, damage or expense that You you or any other person may incur directly or indirectly as a result of any action taken by Us us to process a Check check image or substitute Check check instead of the original Checkcheck, including the destruction of the original Checkcheck, as described above, to the extent permitted by applicable law.

Use of Check Images and Substitute Checks. For each original check that you deposit, you hereby authorize us (and any collecting institution, returning institution, Reserve Bank or processor which subsequently receives the original check) to create an electronic image (“check image”) of the original check, and to process that check image for collection, payment and return. You further authorize the destruction of the original check that has been imaged. We may in our sole discretion determine the manner in which to collect or return a check image. We may: (i) present or transfer the check image to the paying bank, a Federal Reserve Bank, a check clearing house, image exchange network, or other collecting bank or returning bank; or (ii) create a substitute check and collect such substitute check (governed by the Check Collection for the 21st Century Act referred to here as the “Check 21 Act”) instead of the check image. A check image or a substitute check may be collected through one or more check clearinghouses, one or more Federal Reserve Banks, or pursuant to an exchange agreement with another depository institution. In such cases, you agree that the check image or substitute check is subject to the rules of that clearinghouse, Federal Reserve Bank, or exchange agreement. You agree that We we may debit Your your Account for any of the following items: (i) a Check check image of an original Check check drawn on your Account and presented for payment or collection, or (ii) a returned check image of an original check that was deposited by you. In this situationthese situations, We we may debit Your your Account without receipt of, or review of, the original Check check associated with the Check check image. In Our our sole discretion, We we may return to a presenting bank, returning bank or paying bank or credit post to Your your Account, a paper copy or paper representation of an original Check check (including without limitation an image replacement document or IRD, or a photocopy) drawn on or returned to Your your Account that does not otherwise meet the technical or legal requirements for a substitute Checkcheck. You agree that a check image that is received or created by Bank the Credit Union in the Check check deposit, collection or return process shall be considered a “Checkcheck” and/or an “item” for all purposes under this Agreement and applicable law. In addition, a Check check that You write you deposit with us, or that you draw on your Account, may be truncated in the Check check collection process and replaced with a substitute Checkcheck. You authorize Us us to pay, process or return a substitute Check check in the same manner as “Checkcheck” or “item” under this Agreement. Substitute Checks checks are governed under the Check Clearing for the 21st Century 21 Act (“Check 21 Act”) and the terms of this Agreement, to the extent not modified by the Check 21 Act. Notwithstanding the foregoing, You understand that Your Checks are drawn on an omnibus account maintained by Administrator (on behalf of Pershing) with Bank, and that as a result, You are not considered a “consumer” as that term is used in the Check 21 Act. You agree to indemnify and hold harmless Usus, Our our employees and agents from any loss, claim, damage or expense that You you or any other person may incur directly or indirectly as a result of any action taken by Us us to process a Check check image or substitute Check check instead of the original Checkcheck, including the destruction of the original Checkcheck, as described above, to the extent permitted by applicable law.

Use of Check Images and Substitute Checks. For each original check that you deposit, you hereby authorize us (and any collecting institution , returning institution, Federal Reserve Bank or processor which subsequently receives the original check) to create an electronic image (“check image”) of the original check, and to process that check image for collection, payment and return. You further authorize the destruction of the original check that has been imaged. We may in our sole discretion determine the manner in which to collect or return a check image. We may: (i) present or transfer the check image to the paying bank, a Federal Reserve Bank, a check clearing house, image exchange network, or other collecting bank or returning bank; or (ii) create a substitute check and collect such substitute check (governed by the Check Collection for the 21st Century Act referred to here as the “Check 21 Act”) instead of the check image. A check image or a substitute check may be collected through one or more check clearinghouses, one or more Federal Reserve Banks, or pursuant to an exchange agreement with another depository institution. In such cases, you agree that the check image or substitute check is subject to the rules of that clearinghouse, Federal Reserve Bank, or exchange agreement. You agree that We we may debit Your your Account for any of the following items: (i) a Check check image of an original Check check drawn on your Account and presented for payment or collection, or (ii) a returned check image of an original check that was deposited by you. In this situationthese situations, We we may debit Your your Account without receipt of, or review of, the original Check check associated with the Check check image. In Our our sole discretion, We we may return to a presenting bank, returning bank or paying bank or credit post to Your your Account, a paper copy or paper representation of an original Check check (including without limitation an image replacement document or IRD, or a photocopy) drawn on or returned to Your your Account that does not otherwise meet the technical or legal requirements for a substitute Checkcheck. You agree that a check image that is received or created by Bank the Credit Union in the Check check deposit, collection or return process shall be considered a “Checkcheck” and/or an “item” for all purposes under this Agreement and applicable law. In addition, a Check check that You write you deposit with us, or that you draw on your Account, may be truncated in the Check check collection process and replaced with a substitute Checkcheck. You authorize Us us to pay, process or return a substitute Check check in the same manner as “Checkcheck” or “item” under this Agreement. Substitute Checks checks are governed under the Check Clearing for the 21st Century 21 Act (“Check 21 Act”) and the terms of this Agreement, to the extent not modified by the Check 21 Act. Notwithstanding the foregoing, You understand that Your Checks are drawn on an omnibus account maintained by Administrator (on behalf of Pershing) with Bank, and that as a result, You are not considered a “consumer” as that term is used in the Check 21 Act. You agree to indemnify and hold harmless Usus, Our our employees and agents from any loss, claim, damage or expense that You you or any other person may incur directly or indirectly as a result of any action taken by Us us to process a Check check image or substitute Check check instead of the original Checkcheck, including the destruction of the original Checkcheck, as described above, to the extent permitted by applicable law.

Use of Check Images and Substitute Checks. You agree that We we may debit Your your Account for a Check image of an original Check presented for payment or collection. In this situation, We we may debit Your your Account without receipt of, or review of, the original Check associated with the Check image. In Our our sole discretion, We we may return to a presenting bank, returning bank bank, or paying bank or credit to Your your Account, a paper copy or paper representation of an original Check (including without limitation an image replacement document or IRD, or a photocopy) drawn on or returned to Your your Account that does not otherwise meet the technical or legal requirements for a substitute Check. You agree that a check image that is received or created by Bank in the Check deposit, collection collection, or return process shall be considered a “Check” and/or an “item” for all purposes under this Agreement and applicable law. In addition, a Check that You you write may be truncated in the Check collection process and replaced with a substitute Check. You authorize Us us to pay, process process, or return a substitute Check in the same manner as “Check” or “item” under this Agreement. Substitute Substi- tute Checks are governed under the Check Clearing for the 21st Century Act (“Check 21 Act”) and the terms of this Agreement, to the extent not modified by the Check 21 Act. Notwithstanding the foregoing, You you understand that Your your Checks are drawn on an omnibus account maintained by Administrator BNY Mellon (on behalf of PershingStifel) with Bank, and that as a result, You you are not considered a “consumer” as that term is used in the Check 21 Act. You agree to indemnify and hold harmless Usus, Our employees our employees, and our agents from any loss, claim, damage damage, or expense that You you or any other person may incur directly or indirectly as a result of any action taken by Us us to process a Check image or substitute Check instead of the original Check, including the destruction of the original Check, as described above, to the extent permitted by applicable law.

Use of Check Images and Substitute Checks. You agree that We we may debit Your your Account for a Check image of an original Check presented for payment or collection. In this situation, We we may debit Your your Account without receipt of, or review of, the original Check associated with the Check image. In Our our sole discretion, We we may return to a presenting bank, returning bank bank, or paying bank or credit to Your your Account, a paper copy or paper representation of an original Check (including without limitation an image replacement document or IRD, or a photocopy) drawn on or returned to Your your Account that does not otherwise meet the technical or legal requirements for a substitute Check. You agree that a check image that is received or created by Bank in the Check deposit, collection collection, or return process shall be considered a “Check” and/or an “item” for all purposes under this Agreement and applicable law. In addition, a Check that You you write may be truncated in the Check collection process and replaced with a substitute Check. You authorize Us us to pay, process process, or return a substitute Check in the same manner as “Check” or “item” under this Agreement. Substitute Substi- tute Checks are governed under the Check Clearing for the 21st Century Act (“Check 21 Act”) and the terms of this Agreement, to the extent not modified by the Check 21 Act. Notwithstanding the foregoing, You you understand that Your your Checks are drawn on an omnibus account maintained by Administrator BNY Mellon (on behalf of PershingStifel) with Bank, and that as a result, You you are not considered a “consumer” as that term is used in the Check 21 Act. You agree to indemnify and hold harmless Us, Our employees and agents from any loss, claim, damage or expense that You or any other person may incur directly or indirectly as a result of any action taken by Us to process a Check image or substitute Check instead of the original Check, including the destruction of the original Check, as described above, to the extent permitted by applicable law.