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32 <br />Account by ordinary mail to Company’s most recent address shown on <br />Bank’s account records. Whether Company or Bank closes Company’s <br />Account, Company agrees to maintain on deposit in Company’s Account <br />sufficient funds (determined in Bank’s sole discretion) to cover outstanding <br />Items to be paid from Company’s Account, charge-backs including without <br />limitation returned Deposited Items and Bank’s fees and expenses. This <br />Agreement shall continue to govern Company’s Account until Bank makes <br />a final disbursement from it. In addition, Bank will not be liable for any loss <br />or damage that may result from dishonoring any of Company’s Items that <br />are presented or otherwise received after Company’s Account is closed. If <br />Company’s Account is an interest bearing account, the Account will cease <br />earning interest from the date Company requests it be closed. If the Account <br />balance does not reach zero within three (3) months from the date of <br />Company’s request, Bank may close the Account and send Company the <br />balance as described above or return the Account to active status. <br /> <br />Contract Language. <br />English is the controlling language of the relationship between Company <br />and Bank. Bank may translate its agreements, forms, disclosures and <br />advertisements into another language for Company’s convenience. <br />However, if there is a discrepancy between Bank’s English language <br />materials and the materials in another language, the English language <br />version is controlling, unless (i) Bank otherwise agrees with Company in <br />writing; or (ii) the laws governing this Agreement specifically provide for a <br />different result. <br /> <br />Credit Reports. <br />Company authorizes Bank to make any inquiries that Bank considers <br />appropriate to determine if Bank should open and maintain an Account for <br />Company. This may include ordering a credit (or other) report (e.g., information <br />from any motor vehicle department or other state agency) on Company. <br />6.1.D. - Page 74