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its obligations under this Agree�ent if its perforn�ance is delayed,hindered
<br /> or becor�s impossible because of any act of God�of arry public enemy,
<br /> hostilities, war(declared or undeclared), guerilla or terrorist activities, act of
<br /> sabotage,blockade,earthquake,flood,landslide,avalanche,trernor,graund
<br /> movement, hurricane,stora�, explosion, fire,labor disturbance,riot,
<br /> insurrection, strike,sickness, accident, civil commotion, epidemic, act of
<br /> government or its agencies or officers,power interruption ar transmission
<br /> failure or any cause beyond the control of either pariy.
<br /> Company's Insurance Coverage.
<br /> Many businesses cany spacial ins�nance for employ+ee fraud/embezzlement If
<br /> ComFany does,B�k re.serves the right to require Company to file a claim with
<br /> its insurance company before maldng airy claim against Bank.ln such event,
<br /> Bank w71 consider Company's claim only after Bank has reviewed Company's
<br /> insurance company's decision, an�d Bank's liability to Company,if any,wilt be
<br /> reduced by the amouM Company's insurance company pays Company.
<br /> Substitute Checks
<br /> A federal law,lmown as the"C;heck Clearing for the 21 st Century AcY'or
<br /> "Check 21,"took effect on October 28,2004. This 1aw provides far an
<br /> instruinent called a"substitute ct�ock"A substit�rte check c:ontains an
<br /> ac�ate copy of the front and back of the original draft and bears the legend:
<br /> "This is a legal copy of your check Yau can use it the saine way you would use
<br /> the original cl�ck."As notad in the legend, a substitute check is the same as
<br /> the original draft for all paicposes, including proving that Com�any made a
<br /> I�Y�n� Any Paper Item Comp�ny issues or deposits that is retumed to
<br /> Company may be retumed in tbe form of a substitute check Even if Company
<br /> has cancelled Items returned with the statements for Compan�s Account,
<br /> Bank may in its sole disc�etion withhold substitute checks thenefrom.
<br /> Company agrees Company w�l not t�ansfer a substitute check to Bank,bY
<br /> deposit or otherwise,if Bank would be the fust 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 agnced in writing,Bank may,without inquiry,accept a
<br /> deposit to Company's Account at azry time,from any person or entity,made
<br /> in any manner 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 time and place of receipt, method of delivery,and staius 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 /> ��mt,instead of permitting Company to cash the Item.Bank is not
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<br /> ATTY/AGR/2016.186NVELLS FARGO BANKING AGREEMENT
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