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Agmt15 Wells Fargo Bank
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Agmt15 Wells Fargo Bank
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Last modified
8/27/2015 10:18:12 AM
Creation date
8/27/2015 10:16:26 AM
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Agreement
Contractor Name
Wells Fargo Bank
PROJECT NAME
Banking and Cash Management Services
RMP File Number
304
Date
8/26/2015
MO Ref
15-141
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Rules. If there is a conflict among these three clauses, they will govern in the order set forth in <br /> this subsection. <br /> 15.2. Credit Entries. With respect to credit Entries Bank agrees to originate in the currency of a <br /> designated foreign government or intergovernmental organization ("Foreign Currency"), Bank <br /> will convert the amount to be transferred from U.S. dollars ("USD") to the Foreign Currency at <br /> Bank's sell rate for exchange in effect on the Business Day the Entry is transmitted by Bank to <br /> the ACH or gateway operator. If the financial institution designated to receive the funds does <br /> not pay the Receiver specified in the Entry, or if the Entry is subsequently determined to be <br /> erroneous, Bank will not be liable for a sum in excess of the amount of the original Entry after it <br /> has been converted from the Foreign Currency to USD at Bank's buy rate for exchange at the <br /> time the Entry is returned to Bank. <br /> 15.3. Debit Entries. With respect to debit Entries Bank agrees to originate in a Foreign Currency, <br /> Bank will convert the amount of each Entry from the Foreign Currency to U.S. Dollars at Bank's <br /> buy rate for exchange in effect on the settlement date of the Entry. If the financial institution <br /> designated to receive the Entry subsequently returns it, Bank may charge the applicable <br /> Account (or any other accounts Company owns in whole or in part at Bank or any a�liate of <br /> Bank) fo� the amount equal to the value of the returned Entry, after Bank has converted the <br /> Foreign Currency to USD at Bank's sell rate for exchange at the time the Entry is returned to <br /> Bank. Bank will not be liable for a sum in excess of the original amount of the Entry after <br /> conversion. <br /> 15.4. Acts or Omissions of Third Parties. Bank will not be liable for any failure or delay by a <br /> gateway operator, any intermediary financial institution, or the financial institution designated to <br /> receive the Entry in the Receiving Country in processing or failing to process any Entry Bank <br /> transmits to the Receiving Country, or for acts or omissions by a third party including without <br /> limitation the delay or failure of any third party to process, credit or debit any Entry. <br /> 16. Third-Party Sender Activities. This section contains additional terms applicable when Company is a <br /> Third-Party Sender, as defined by the ACH Rules. <br /> 16.1 General. Prior to originating any Entry on behalf of a customer of Company, Company will (a) <br /> notify Bank in writing of any other financial institution Company is using to originate transactions <br /> as a Third-Party Sender and thereafter notify Bank before Company adds any new financial <br /> institution for this purpose; (b) provide Bank with the information Bank requires to enable it to <br /> understand the nature of Company's customer's business including without limitation the name, <br /> Taxpayer ldentification Number, business activity and geographic location of Company's <br /> customer; (c) if specifically required by Bank, obtain Bank's written approval to initiate or <br /> continue to initiate Entries for that customer, which approval Bank may rescind upon written <br /> notice to Company; and (d) enter into a written agreement with that customer whereby that <br /> customer agrees: <br /> 16.1.1.to assume the responsibilities of an originator under the ACH Rules and to be bound by <br /> the ACH Rules as in effect from time to time; <br /> 16.1.2.ACH entries may not be initiated in violation of the laws or regulations of the United <br /> States including without limitation the regulations issued by the Office of Foreign Assets <br /> Control; <br /> 16.1.3.to grant Bank ongoing access to audit it and any ACH entry that it has transmitted to <br /> Company for transmission to Bank; and <br /> 16.1.4. Bank may at any time refuse to process an ACH entry for that customer. <br /> TM-1423 ACH O�qination Services EDOCS-#3784910 Page 5 of 7 <br /> Revised 10-30-2014 <br />
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