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� Do not sign blank Paper Items. <br /> • Obtain insurance coverage for these risks. <br /> Claim of Unauthorized Transactions; Bank's Rights a�d Liability <br /> Investigation by Bank;Company's Agreement to Cooperate. <br /> Bank shall investigate any transaction Company has reported to Bank as <br /> unauthorized(a"Claim ofUnauthorized Transaction"). Company agrees to <br /> (i)submit Company's Claim of Unauthorized Transaction in writing to Bank <br /> by completing or obtaining a declaration under penalty ofperjury <br /> describing Company's Claim of Unauthorized Transaction(in an aff.idavit <br /> form approved by Bank,if so requested); (ii)file a police report; (iii) <br /> complete and retum to Bank any documents requested of Company; and <br /> (iv)in all respects cooperate fully at Company's expense with Bank in Bank's <br /> investigation of Company's Claim of Unauthorized Transaction. <br /> Standard of Care. <br /> Bank will meet its standard of care far Company's Account by exercising <br /> ordinary care in the transaction at issue.When Bank takes an Item for <br /> processing by automated means, `brdinary care"does not require Bank to <br /> exam.ine the Item. In all other cases, "ordinary care"requires only that Bank <br /> follow standards that do not vary unreasonably from the general standards <br /> followed by similarly situated banks. Bank's policies and procedures are <br /> general internal guidelines for Bank's use and do not establish a higher <br /> standard of care for Bank than is otherwise established by the laws <br /> governing this Agreement. A mere clerical errar or an honest mistake will <br /> not be considered a failure of Ba,nk to perform any of its obligations. If Bank <br /> waives any of its rights as to Company or Company's Account on one or <br /> more occasions, it will not be considered a waiver of Bank's rights on any <br /> other occasion. <br /> Limitation of Liability;Indemnification. <br /> Whether in connection with Company's Account ar a Service, in no event <br /> will either party to this Agreement or its respecrive directors,officers, <br /> employees,or agents be liable to the other party for any special, <br /> consequential,indirect or punitive damages,whether any claim is based <br /> on contract or tort or whether the likelihood of such damages was known <br /> to either party. The foregoing limitation of liability will not apply where <br /> expressly prohibited by the laws governing this Agreement. Bank will not <br /> have any liability to Company if there are insufficient available funds in <br /> Company's Account to pay Company's Items due to actions taken by(i) <br /> Bank in accordance with this Agreement or(ii)any third party.Except to the <br /> extent that Bank fails to exercise ordinary care or breaches this Agreement, <br /> 16 <br />