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its obligations under this Agreement if its performance is delayed, hindered
<br /> or becomes impossible because of any act of God or of any public enemy,
<br /> hostilities, war(declared or undeclared), guerilla or terrorist activities, act of
<br /> sabotage,blockade,earthquake,flood,landslide,avalanche,tremor,ground
<br /> movement, hurricane,storm, explosion, fire,labor disturbance,riot,
<br /> insurrection, strike,sickness, accident, civil commotion, epidemic, act of
<br /> government or its agencies or off'icers,power interruption ar transinission
<br /> failure or any cause beyond the control of either party.
<br /> Company's Insurance Coverage.
<br /> Many businesses carry special insurance for employee fraud/embezzlement.If
<br /> Company does,Bank reserves the right to require Company to file a claim with
<br /> its insurance company before malflng any claim aga,inst Bank.In such event,
<br /> Bank will consider Company's claim only after Bank has reviewed Company's
<br /> insurance company's decision, and Bank's liability to Company,if any,will be
<br /> reduced by the amount Company's insurance company pays Company.
<br /> Substitute Checks
<br /> A federal law,known as the "Check Clearing for the 21 st Century AcY'ar
<br /> "Check 21,"took effect on October 28,2004. This law provides for an
<br /> instiument called a"substitute check."A substitute check contains an
<br /> accurate copy of the front and back of the original draft and bears the legend:
<br /> "This is a legal copy of your check. You can use it the same way you would use
<br /> the original check."As noted in the legend, a substitute check is the same as
<br /> the original draft for a11 purposes, including proving that Company made a
<br /> payment. Any Paper Item Company issues or deposits that is retumed to
<br /> Company may be retumed in the form of a substitute check.Even if Company
<br /> has cancelled Items returned with the statements for Company's Account,
<br /> Bank may in its sole discretion withhold substitute checks therefrom.
<br /> Company agrees Company will not transfer a substitute check to Bank,by
<br /> deposit or otherwise,if Bank would be the first financial institution to take the
<br /> substitute check,unless Bank has expressly agreed in writing to take it.
<br /> Deposits to Company's Account
<br /> General.
<br /> Unless otherwise agreed in writing,Bank may,without inquiry,accept a
<br /> deposit to Company's Account at any time,from any person or entity,made
<br /> in any mamier including without limitation a deposit based on an image of
<br /> an Item. Bank may also refuse to accept all or any part of any deposit. Bank
<br /> may use tune and place of receipt, method of delivery,and status of set up to
<br /> determine when Company's deposit is received. Bank may require that
<br /> Company deposit an Item made payable to Company to Company's
<br /> Account,instead of permitting Company to cash the Item. Bank is not
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