Common use of Your Special Warranties for this Service Clause in Contracts

Your Special Warranties for this Service. In addition to the General Warranties and Representations by you, you represent and warrant to us that: ▪ You will use the Service only for Items that are payable to or endorsed or eligible for deposit by you and that are not disqualified for any other reasons, including those described previously as Exception Items. ▪ This Service will not be used with personal accounts and personal checks unless we provide explicit written authorization from the Bank ▪ Only original U.S. Dollar checks drawn on a U.S. Bank will be deposited through the Service. ▪ With respect to each check that you transmit electronically to us: (a) you have the legal right to accept the check for deposit and negotiation, regardless of the name of the payee shown on the check; (b) you will not use the Service to deposit any checks that are third party or second endorsed checks; (c) the images and information that you transmit accurately represent all of the information on the front and back of the original check, including, without limitation, all endorsements, at the time of transmission; (d) you have not taken any action that would obscure, alter or impair the capture or transmission of information on the front or back of the check or that otherwise may prevent us or another institution from capturing or processing such information; (e) you make all warranties that would otherwise apply to the check if it had been a paper item deposited with us; (f) you make all encoding, transfer, presentment and other warranties that we (or any correspondent bank we use) are deemed to provide to others (e.g., as a reconverting bank); (g) the check will not be presented for deposit or payment more than once; and (h) if we agree that you may process previously truncated and reconverted substitute checks through this Service, you will ensure that the identification of previous truncating and reconverting banks are preserved and that returned substitute checks meet the requirements for legal equivalency under Federal Reserve Regulation CC. ▪ You will maintain control over and responsibility for retention and destruction of original Items. In that regard, you are responsible for the safekeeping of all original Items and other sensitive information in accordance with applicable law and commercially reasonable industry standards. ▪ You will destroy or have destroyed all original Items from which you have previously created and submitted to us an Electronic Image as stated previously in this Agreement. ▪ You will not submit any duplicate Electronic Images to us. ▪ You will not deposit to your account or otherwise negotiate any original Item from which you have previously created and submitted to us in an Electronic File or which was previously presented at another bank, and will not deposit to any account or otherwise negotiate at another bank any original Item which you have previously submitted to us as an Electronic File, unless we have notified you that the Electronic Image is an Exception Item and allow such deposit. ▪ You will transmit to us only Electronic Images which are suitable for processing, including, but not limited to, Electronic Images that are legible and contain readable MICR data. ▪ You agree to notify us immediately if duplicate Items are transmitted to us using the Service or if a duplicate deposit is made either to us or to any other financial institution. You agree to fully cooperate with us in identifying all duplicate Items. ▪ You and clients with whom you do business are reputable and are not using us as a conduit for money laundering or other illicit purposes, and none of your transactions to be processed are prohibited by any applicable law, regulation, rule, order, or judgment. ▪ None of your payors, affiliates or employees are a national of a designated blocked country or “Specially Designated National” (“Blocked Entity,” “Specially Designated Terrorist,” “Specially Designated Narcotics Trafficker,” or “Foreign Terrorist Organization”) as defined by the United States Office of Foreign Assets Control (“OFAC”). ▪ You agree to abide by all federal and state laws and rules and regulations applicable to banking transactions.

Your Special Warranties for this Service. In addition to the General Warranties and Representations by you, you represent and warrant to us that: ▪  You will use the Service only for Items that are payable to or endorsed or eligible for deposit by you and that are not disqualified for any other reasons, including those described previously as Exception Items. ▪  This Service will not be used with personal accounts and personal checks unless we provide explicit written authorization from the Bank ▪  Only original U.S. Dollar checks drawn on a U.S. Bank will be deposited through the Service. ▪  With respect to each check that you transmit electronically to us: (a) you have the legal right to accept the check for deposit and negotiation, regardless of the name of the payee shown on the check; (b) you will not use the Service to deposit any checks that are third party or second endorsed checks; (c) the images and information that you transmit accurately represent all of the information on the front and back of the original check, including, without limitation, all endorsements, at the time of transmission; (d) you have not taken any action that would obscure, alter or impair the capture or transmission of information on the front or back of the check or that otherwise may prevent us or another institution from capturing or processing such information; (e) you make all warranties that would otherwise apply to the check if it had been a paper item deposited with us; (f) you make all encoding, transfer, presentment and other warranties that we (or any correspondent bank we use) are deemed to provide to others (e.g., as a reconverting bank); (g) the check will not be presented for deposit or payment more than once; and (h) if we agree that you may process previously truncated and reconverted substitute checks through this Service, you will ensure that the identification of previous truncating and reconverting banks are preserved and that returned substitute checks meet the requirements for legal equivalency under Federal Reserve Regulation CC. ▪  You will maintain control over and responsibility for retention and destruction of original Items. In that regard, you are responsible for the safekeeping of all original Items and other sensitive information in accordance with applicable law and commercially reasonable industry standards. ▪  You will destroy or have destroyed all original Items from which you have previously created and submitted to us an Electronic Image as stated previously in this Agreement. ▪  You will not submit any duplicate Electronic Images to us. ▪  You will not deposit to your account or otherwise negotiate any original Item from which you have previously created and submitted to us in an Electronic File or which was previously presented at another bank, and will not deposit to any account or otherwise negotiate at another bank any original Item which you have previously submitted to us as an Electronic File, unless we have notified you that the Electronic Image is an Exception Item and allow such deposit. ▪  You will transmit to us only Electronic Images which are suitable for processing, including, but not limited to, Electronic Images that are legible and contain readable MICR data. ▪  You agree to notify us immediately if duplicate Items are transmitted to us using the Service or if a duplicate deposit is made either to us or to any other financial institution. You agree to fully cooperate with us in identifying all duplicate Items. ▪  You and clients with whom you do business are reputable and are not using us as a conduit for money laundering or other illicit purposes, and none of your transactions to be processed are prohibited by any applicable law, regulation, rule, order, or judgment. ▪  None of your payors, affiliates or employees are a national of a designated blocked country or “Specially Designated National” (“Blocked Entity,” “Specially Designated Terrorist,” “Specially Designated Narcotics Trafficker,” or “Foreign Terrorist Organization”) as defined by the United States Office of Foreign Assets Control (“OFAC”). ▪  You agree to abide by all federal and state laws and rules and regulations applicable to banking transactions.