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11/09/89 TUE 17:47 FAR 65032808f� DU���r1 RCBO . . �002
<br /> ' � � ORIGINAL `�
<br /> � LOCKl3UX AGRE��VIENT
<br /> �
<br /> 1`his LOCKBOX AGREEMENT(the "Agreement"}, dated the date s�eci.;�ed at the end vf this Agreement,
<br /> among you,the business entity named at the cnd of this A,grccment,REGUL�J'S WEST LLC ("Regulus") and
<br /> '�VELLS FARGO BANK,N. A. oz,if Wells Fargo Bank,N, A.xs crossed-out on the signature block at the ez�d of
<br /> tt�is Agreement,WEL�S FAlYGO B,A,NK('Y'EXASj,N.A.,("Wells�a�rgo"}sets out the terms and conditions
<br /> under which Regulus and We[ls Fargo,who have entered irtto an alliance to provide lockbox services to customers, wi!!
<br /> p�ovide their lockbox service(the "Loekbox Service"}to you.
<br /> 1, COMIVI��NCEME�'O�'LOCI�OX S�RVICE. The�,ockbox Service will start on thc date
<br /> arxan�ed by Wells�argo and Regulus with you(the"Effective Date'�,and will ope.rate through the U. S.1'osta[
<br /> Service box in yaur name(the"Y,ockbox")and the Welis Fttrgo d�mand deposit account in yo�.2r name(the
<br /> "Accouni")which you designate in writing to Wells Pargo and Regulus. Starting on the Ei�ective Datc you
<br /> authorizE(i}Regulus and its subcontractors to pick up at, and transport from,the Lockbox mail addressed to the
<br /> Loctcbox�tnd(ii)ReguIus to open such raail and to process tbie contents of such mail according to th�Lockbox
<br /> Processing Procedures attached to this Agreement at Exhibit A("Frocessin�Procedures").
<br /> 2, DTPQSY'TS AND CON�IItMATIONS. You anthorize Regulus to cndorse ck�ecks and other payment
<br /> uutrumer�ts rec�ived at the Lockbox and to deposit such items iuito the Account as provided in the Pzoccssing
<br /> Procedures. I�any paye�on the Iist of acceptable p�yees delivcred to�tegulus is a legal e�ntity othEr than yourself,
<br /> you represent and warrant to Regulus and Wells Fargo that you have th�proper author3zation�rom such payee to
<br /> have such c}�eck cndorsed fnr deposit,and depasited,into the Account, and you agree to indemnify Re�us and
<br /> Welts Fargo agaimst any losses,liabilities,damages,cIaims,deman.ds, obligations, actions,suits,judgments,
<br /> panalties,costs or expenses,including,but not lunited to,attorneys'fees, (collectively, "Losses and Liabiliti�s"}
<br /> suffered or incunred by Regulus or Wells Fargo as a result of,or in eonnection with,your�a�ilure to have suck�
<br /> authonization. Regulus will provide to you an advieo of deposit for eaeh deposxt credited to the Accoiurt. You
<br /> agree to noti.�y'V�l'�lls Fargo's Customer Service Center,whose address and t�l�p�one number will be givan to you,
<br /> (a)no later than fourteen(14)calendar days after you receive an advice of deposit if there is az�y error in such
<br /> advice,and(b)no later than,thirty(30)calendaz days after you receive a bank statemcnt on the Accpunx if such �
<br /> stateraent contaius an error or fails ta show a deposit that shou[d have been madE during#he time period cove�ced by
<br /> such statement.
<br /> 3. ACCOUNF DpCUMENTATIp1V'. You understand that this Agreement covers lockbox serviccs ta be
<br /> provided by Regulus and Wslls Fargo and does not cover the handling of the Aecount and the proeessing of checks
<br /> drawn on the Account. The Account will be handled and ch�cks drawn on th�Account will be processed 6y Wclis
<br /> Fargo,and not 12agulus,as Wells Fargo would perform such cesponsibilities with respect to any other demand deposit
<br /> account at Wells Fsrgo. As a result,the Account will be subject to, and Wells�argo's o}�eratian of thc Account wil!be -
<br /> in accordanec wieh,the tarms and provisions of Wells Fargo's deposit account openin�doeurnentati9n and other Wefls
<br /> Fargo account Celated documentsttion{COl[ectively, "Account Documentation'�,including,but not limited to, Wetls
<br /> Fargo's demand deposit account disclosure statemant for the Account as in effcct and delivered to you fron�time to
<br /> time,a copy of which you acknowledge having received.
<br /> 4. CUSTbMER SERVXCE. You understand that Weils Fargo,and not Regulus,will pzovide enstomer
<br /> service for the i.ockbox Serrriee. A,s a result,any qucstions or proble�ms that you have with respeet to tl�e�,ockbo�c
<br /> Service should be addressed to Wel�s Far�o's Customex Service Center. Wells Fargo w�i�I facilitate the rasolution
<br /> of any problem b�tween you and Regulus,but you understand that Reguitzs wili be solely zespoxisible for an�
<br /> problems caused by its penforma��ce or failwre to pez�'o�n the Loekbox Serviee.
<br /> 5. SUPPORT SERVICES FOR WELLS k`ARGO. Yon it�derstand that if thi�Agreemcnt i.s with Wells
<br /> Fargo Ban[c{Texas),N.A., W�tls Fargo Bank,N.A.an.d some bank�liates of WElls Fargo Bank,N, A.may
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