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_�� _ � ____ .�.. �. ___. ----- ---..._.. � Do not sign blank Paper Items. •Obtain insurance coverage for these risks. C'laim of Unaut6orized 1Yansactions; Bank's Rights and Liability Investigation by Bank;Company's Agreement to Cooperate. Bank shall investigate any transaction Company has reported to Bank as unauthorized(a"Claim ofUnauthorized Transaction'�. Company agrees to (i)submit Company's Claim of Unauthorizad Transaction in writing to Bank by completing or obtaining a declaration under penalty ofperjury describing Company's Claim ofUnauthorizsdTransaction(in an affidavit form approved by Bank,if so requeste�; (ri)file a police repor� (iii) complete and retum to Bank any documents requested of Company; and (iv)in all respects cooperate fully at Company's expense with Bank in Bank's investigation of Company's Claim of Unauthorized Transaction. Standard of Care. Bank will meet its standard of care for Company's Account by exercising ordivary care in the transaction at issue.When Bank takes an Item for processing by automated means, "ordinary care"does not require Bank to exa,mine the Item. In all other cases,"ordinary care"requires only that Banlc follow standards that do not vary unreasonably from the general standards followed by similarly situated banks. Bank's policies and procedwes are general internal guidelines for Bank's use and do not establish a higher standard of care for Bank than is otherwise established by the laws governing this Ageemen� A mere clerical error or an honest mistake will not be considered a failune of Bank to perform any of its obligations. ff Bank waives any of its rights as to Company or Company's Account on one or more occasions, it will not be considered a waiver of Bank's rights on any other occasion. Limitation of Liability;Indemnification. Whether in connection with Company's Account or a Service, in no event will either party to this Agreement or its respective directois,officeis, employees,or agents be liable to the other pariy for any special, consequential,indirect or punitive datnages,whether any claim is based on contcact or tort or whether the likelihood of such damages was known to either party. The foregoing limitation of liability will not apply where expressly prohibited by the laws governing this Agreement. Bank will not have any liability to Company if there are insufficiecrt available funds in Company's Account to pay Company's Items due to actions taken by(i) Bank in accordance with this Agneement or(ii)any third pariy.Except to the extent that Bank fails to exercise ordinary care or breaches this Agreement, 16 ATTY/AGR/2016.186/WELLS FARGO BANKING AGREEMENT