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33 <br /> <br />Dormant and Unclaimed Accounts. <br />Company’s Account is dormant if, for one year for a checking account or <br />three years for a Commercial savings or time account, there is no customer <br />initiated activity (except where the laws governing this Agreement require <br />otherwise). If Company’s Account is dormant, Bank may hold all statements <br />on Company’s Account, but Bank’s normal maintenance and other fees will <br />continue to be assessed except where prohibited and ATM and Point-of-Sale <br />(“POS”) access may be blocked. If Company’s Account remains dormant <br />and is unclaimed by Company for the period required under the laws <br />governing this Agreement, Bank is required by those laws to “escheat” the <br />funds; that is, to deliver the funds in Company’s Account to the state whose <br />laws govern Company’s Account. Bank may charge a fee to Company’s <br />Account for mailing an escheat notice. When the funds in Company’s <br />Account are delivered to the state, Company’s Account is closed, and no <br />interest accrues. To recover funds delivered to the state, Company must file <br />a claim with the state. <br /> <br />Entire Agreement; Headings; No Third Party Beneficiary. <br />This Agreement constitutes the entire agreement between Company and <br />Bank regarding the subjects addressed in it and supersedes prior oral or <br />written representations, conditions, warranties, understandings, proposals <br />or agreements regarding Company’s Account. Headings do not constitute a <br />part of this Agreement. No person or entity will be deemed to be a third <br />party beneficiary under this Agreement. <br /> <br />Laws Governing this Agreement. <br />The laws governing this Agreement include the laws and regulations of the <br />United States and, to the extent applicable, the laws of the state in which the <br />Bank office that maintains Company’s Account is located (unless Bank has <br />notified Company in writing that the laws of another state shall govern <br />Company’s Account), without regard to conflicts of laws principles. If <br />Company’s Account was not opened in person at a Bank office (for example, <br />if Company opened its Account by phone, through the mail or over the <br />Internet), this Agreement will be governed by the laws of the state in which <br />6.1.D. - Page 75