Common use of COMMUNICATION WITH THE BANK Clause in Contracts

COMMUNICATION WITH THE BANK. Each Account Holder agrees that we are entitled to act upon any instruction or other Communication received by us through the Online system from any Authorized MA User, and may treat that Communication received through the Online system as valid to the same extent and to the same effect as if it had been received through the Online system from one of the Account Holders whose Account will be debited or otherwise is affected. To this end, each Account Holder appoints every other Account Holder and Authorized MA User as its agent and attorney in fact for the purpose of making payment orders and providing Communications to us, and agrees to be bound by any payment order or Communication issued through the Online system by any other Account Holder or Authorized MA User. A Communication received by us through the Online system will be deemed a valid and authorized Communication of the Account Holder named in the Communication for purposes of any Service requested in the Communication. We are not required to verify the authenticity of any Communication other than through the security procedures set forth in this Agreement. Except to the extent expressly prohibited by law or regulation, a Communication received by us via the Online system in the name of the Account Holder will be deemed an authorized Communication, binding on the Account Holder named in the Communication, if the Communication is sent by: • Any Authorized MA User, regardless of whether such individuals are reflected as authorized signers for the Account; • Any officer of the Account Holder; • Any other employee, designee or other person who has been authorized by the Account Holder to use the Online system under the terms of this Agreement or of any other agreement, or who is otherwise authorized to bind the Account Holder; • Any other person, whether or not such person was authorized to act on behalf of the Account Holder, if the Communication is in the name of the Account Holder and if the Bank verifies the authenticity of the Communication using the security procedures described in this Agreement; or • Any person with actual or implied authority to represent or bind the Account Holder, whether by agreement with us or otherwise, to the fullest extent allowed by law (including the law of agency or otherwise). Without limiting the foregoing, and except to the extent expressly prohibited by law or regulation, each Account Holder will be bound by any Communication received by us through the Online system if: (i) the instruction or other Communication is in its own name (or in the name of any other Account Holder) and The payment order or other Communication was actually authorized by the Account Holder; or (ii) We verify the authenticity of the payment order or other Communication using the commercially reasonable security procedures set forth in this Agreement, whether or not the payment order or other Communication was actually authorized by the Account Holder or by any other Authorized MA User.

COMMUNICATION WITH THE BANK. Each Account Holder agrees that we are entitled to act upon any instruction or other Communication received by us through the Online system from any Authorized MA User, and may treat that Communication received through the Online system as valid to the same extent and to the same effect as if it had been received through the Online system from one of the Account Holders whose Account will be debited or otherwise is affected. To this end, each Account Holder appoints every other Account Holder and Authorized MA User as its agent and attorney in fact for the purpose of making payment orders and providing Communications to us, and agrees to be bound by any payment order or Communication issued through the Online system by any other Account Holder or Authorized MA User. A Communication received by us through the Online system will be deemed to be a valid and authorized Communication of the Account Holder named in the Communication for purposes of any Service requested in the Communication. We are not required to verify the authenticity of any Communication other than through the security procedures set forth in this Agreement. Except to the extent expressly prohibited by law or regulation, a Communication received by us via the Online system in the name of the Account Holder will be deemed an authorized Communication, binding on the Account Holder named in the Communication, if the Communication is sent by: • Any Authorized MA User, regardless of whether such individuals are reflected as authorized signers for the Account; • Any officer of the Account Holder; • Any other employee, designee or other person who has been authorized by the Account Holder to use the Online system under the terms of this Agreement or of any other agreement, or who is otherwise authorized to bind the Account Holder; • Any other person, whether or not such person was authorized to act on behalf of the Account Holder, if the Communication is in the name of the Account Holder and if the Bank verifies the authenticity of the Communication using the security procedures described in this Agreement; or • Any person with actual or implied authority to represent or bind the Account Holder, whether by agreement with us or otherwise, to the fullest extent allowed by law (including the law of agency or otherwise). Without limiting the foregoing, and except to the extent expressly prohibited by law or regulation, each Account Holder will be bound by any Communication received by us through the Online system if: (i) the instruction or other Communication is in its own name (or in the name of any other Account Holder) and The payment order or other Communication was actually authorized by the Account Holder; or (ii) We verify the authenticity of the payment order or other Communication using the commercially reasonable security procedures set forth in this Agreement, whether or not the payment order or other Communication was actually authorized by the Account Holder or by any other Authorized MA User.