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� , � . has converted the Foreign Currency to USD at Bank's seil rate for exchange at the time the Entry is returned to Bank. Bank will not be liable for a sum in excess of tt�e original � amount of the Entry after conversion. . . 15.3. Bank will not be fiable for any failure or delay by a gateway operator, any intermediary financiai institution,or the financlal ins#itution designated to receive the Entry in the designated foreign country in processing or failing to process any Entry Bank transmits to the forelgn caun#ry, or for acts or omissions by a third pa�ty including without limitation the delay o�failure of any third party to process, credit or debit any Entry. . 16. Third-Party Sender Activities. If Company is a Third-Party Sender, as de�ned by the ACH � Rules, this Section shall apply to Company's use of Bank's Services. 16.1. Prior to originating any Entry on behalf of a customer af Company, Cempany shail (a) - notify Bank in writing of any other financlal institution Company is using to originate . transactions as a Third-Party Sender and thereafter notify Bank before Company adds any new financial instifution for this purpose; {b) provide�Bank with the information that Bank determines Bank requires to enabie Bank to understand the nature of Company's customer's business including without limitation the name,Taxpayer ldentiflcation � Number, business activity and geographic location of Company's customer; (c) if specifically required by Bank, obtain Bank's wri�ten approvai to initiate or continu� to � initiate Entries for that customer,which approval Bank may rescind upon written notice � to Company; and (d)enter into a vrr�itten agreement with khat customer whereby that � customer agrees: . • 16.1.1.to assume the responsibilities of an originator under the ACH Rules and to be � • bound by the ACH Ru1es as in effect from time to time; � 16.1.2.ent�ies may not be initiated in violation of the laws or regulations of the United States including withouf limitation the regulatians issued by the Office of Foreign Assets Control; . � 16.1.3.to grant Bank ongoing access to audit it and any ACH fife that it has transmitted t�Company for transmission to Bank; and 16.1.4. Bank may at any time refuse to process an entry for that customer. 16.2. Company represents and waRants to.Bank that Company (a) has conducted due � � diligence with respect to each customer of Company for which Campany is originating transactians th�ough Bank and determined that each such customer is engaged in a fegitimate business and that the type, size and frequency of transactions tfiat each such customer is originating is normal and expected for the customer's type af business; and � (b)wili, in accordance with reasonable commercial standa�ds, monitor each customer's business and transactions on an ongoing basis and notify Bank immediately if Company identifies any unusual activity by Company's customer. 17. Perfect NOC Service. If Company subscribes to Bank's Perfect NUC Senrice, this Section wi{I appiy. Bank maintains a database of Notifications of Change (each, a"N4C")that Bank receives�and uses this database to update�ompany`s Entries in accordance with the Service aptions Company selects from time to time. Bank�vil{ notify Company of each NOC that Bank receives in connectlon with Company's Entries. ACH Origination Services(TM-1423) � ReVJsed 03=15-07 Page 4 of 6