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30 <br />Earnings Allowance. <br />Each month, the average monthly Investable Balance in a commercial <br />demand deposit account may earn an “Earnings Allowance” which, <br />depending on the arrangement with Bank, may be applied against that <br />month’s fees for the account. An Earnings Allowance in excess of the total <br />monthly fees cannot be credited to the account as interest and may not be <br />carried forward to the following month. Earnings Allowances are calculated <br />on a 365/366-day year basis using an “Earnings Allowance Rate,” which is a <br />variable rate established by Bank (and which may be as low as zero percent). <br />Bank reserves the right to change this rate at any time without notice to <br />Company. If the account is an interest-bearing account, the account is not <br />eligible to earn an Earnings Allowance. <br /> <br />Recoupment Fee. <br />The FDIC charges each insured bank a fee to cover its share of the cost of <br />providing deposit insurance to depositors. The FDIC does not charge a <br />bank’s depositors for deposit insurance or require banks to pass the cost of <br />deposit insurance on to their depositors. The FDIC does, however, permit a <br />bank to recoup the cost of deposit insurance from its depositors, so long as <br />the fee the bank charges its depositors does not reveal information that <br />could be used to determine the bank’s confidential supervisory ratings or <br />mislead depositors by implying the FDIC is charging the fee. Bank assesses <br />this Recoupment Fee to partially recover insurance premiums it pays to the <br />FDIC for deposit insurance. The amount of the Recoupment Fee appears on <br />the periodic statement or client analysis statement for Company’s account <br />and is based on the monthly average ledger balance Company maintains in <br />its account. The Recoupment Fee is subject to change by Bank at any time <br />without notice. For questions about the Recoupment Fee, Company may <br />contact its relationship manager at Bank. <br /> <br />Bank’s Use of Funds. <br />Bank may benefit from having the use of funds in customers’ non-interest <br />bearing accounts. Bank may use these funds to reduce its borrowing from <br />other sources such as the Fed Funds market or invest them in short-term <br />investments such as its Federal Reserve Account. This benefit may be <br />referred to as “spread”. It is not possible to quantify the benefit to Bank that <br />may be attributable to a particular customer’s funds because funds from all <br />customers’ non-interest bearing accounts are aggregated both for purposes <br />of reducing Bank’s borrowing costs and for investment and because Bank’s <br />use of funds may vary depending on a number of factors including interest <br />rates, Federal Funds rates, credit risks and Bank’s anticipated funding needs. <br />Bank’s use of funds as described in this paragraph has no effect or impact on <br />Company’s use of and access to funds in Company’s account. <br />6.1.D. - Page 72