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institution chartered in the United States (each,a"non-U.S.Item").If Bank accepts a non-U.S.Item for deposit to Company's Account or collection, Company accepts all risk associated with foreign currency fluctuation (exchange rate risk)and any late return of the non-U.S.Item. Company agrees Bank may use Bank's current buying and selling rate,as applicable, when processing a non-U.S.Item and may recover from Coinpany's Account any loss Bank incurs as a result of processing such an Item for Company. Bank reserves the right to place longer holds on non-U.S.Items than the timeframes specified in Bank's funds availability policy for Deposited Items. Acts and Omissions of Other Financial Institutions. Bank is not liable for the insolvency,neglect, misconduct, mistake,or default of another bank or person, or for the loss or destruction of a Deposited Item or of a notice of nonpayment relating thereto.If a Deposited Item is lost or misrouted during the collection process: (i)Bank shall have no responsibility to Company for the actions or inactions of any collecting bank; (ii)Bank may charge Company's Account for the amount of the Deposited Item (and reverse any interest that may have accrued to Company's Account in connection with the Deposited Item); and (iii) Company agrees to cooperate with Bank in recreating the Deposited Item. Deposited Items Returned. Bank has the right to charge back to or otherwise debit any of Company's Account(s) for any Deposited Item that is returned (and to reverse or recover any associated interest that may have accrued), even if Company has made withdrawals against it.This right of charge back or debit is not affected by the expiration of any applicable midnight deadline,provided Bank does not have actual knowledge that such deadline has expired or,having such knowledge,(i)Bank concludes that the Deposited Item has been returned in accordance with the laws governing this Agreement or a rule (including a clearing house rule);or(ii)Bank has received a breach of warranry claim in connection with the Deposited Item. Bank has the right to pursue collection of such Deposited Item, even to the extent of allowing the payor bank to hold the Deposited Item beyond the midnight deadline in an attempt to recover payment. Bank may redeposit a returned Deposited Item and re-present it for payment by any means (including electronic means), unless Bank has received instructions from Company not to redeposit such Deposited Item. Bank will have no liability for taking or failing to take any action to recover payment of a returned Deposited Item. 21