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21 <br />institution chartered in the United States (each, a “non-U.S. Item”). If Bank <br />accepts a non-U.S. Item for deposit to Company’s Account or collection, <br />Company accepts all risk associated with foreign currency fluctuation <br />(exchange rate risk) and any late return of the non-U.S. Item. Company <br />agrees Bank may use Bank’s current buying and selling rate, as applicable, <br />when processing a non-U.S. Item and may recover from Company’s Account <br />any loss Bank incurs as a result of processing such an Item for Company. <br />Bank reserves the right to place longer holds on non-U.S. Items than the <br />timeframes specified in Bank’s funds availability policy for Deposited Items. <br /> <br />Acts and Omissions of Other Financial Institutions. <br />Bank is not liable for the insolvency, neglect, misconduct, mistake, or default <br />of another bank or person, or for the loss or destruction of a Deposited Item <br />or of a notice of nonpayment relating thereto. If a Deposited Item is lost or <br />misrouted during the collection process: (i) Bank shall have no <br />responsibility to Company for the actions or inactions of any collecting <br />bank; (ii) Bank may charge Company’s Account for the amount of the <br />Deposited Item (and reverse any interest that may have accrued to <br />Company’s Account in connection with the Deposited Item); and (iii) <br />Company agrees to cooperate with Bank in recreating the Deposited Item. <br /> <br />Deposited Items Returned. <br />Bank has the right to charge back to or otherwise debit any of Company’s <br />Account(s) for any Deposited Item that is returned (and to reverse or recover <br />any associated interest that may have accrued), even if Company has made <br />withdrawals against it. This right of charge back or debit is not affected by <br />the expiration of any applicable midnight deadline, provided Bank does not <br />have actual knowledge that such deadline has expired or, having such <br />knowledge, (i) Bank concludes that the Deposited Item has been returned in <br />accordance with the laws governing this Agreement or a rule (including a <br />clearing house rule); or (ii) Bank has received a breach of warranty claim in <br />connection with the Deposited Item. <br />Bank has the right to pursue collection of such Deposited Item, even to the <br />extent of allowing the payor bank to hold the Deposited Item beyond the <br />midnight deadline in an attempt to recover payment. Bank may redeposit a <br />returned Deposited Item and re-present it for payment by any means <br />(including electronic means), unless Bank has received instructions from <br />Company not to redeposit such Deposited Item. Bank will have no liability <br />for taking or failing to take any action to recover payment of a returned <br />Deposited Item. <br />6.1.D. - Page 63