Common use of Facsimile Signatures and Signature Devices Clause in Contracts

Facsimile Signatures and Signature Devices. We may honor or refuse to honor checks drawn by means of a Signature Device in our sole discretion. A “Signature Device” includes any automatic check-writing service that operates through the use of a personal computer, a facsimile signature or stamp, and any other method of affixing a signature on a check by mechanical, digital or other electronic means. You agree that if you utilize a Signature Device, you shall have the sole responsibility for maintaining its security and bear the entire risk of unauthorized use of any such Signature Device whether or not you are negligent. You authorize us to accept and pay any check drawn by means of a Signature Device as though you had signed your own name to such check, even if the Signature Device was used without your authority and regardless of to whom such check is drawn or made payable. We may require original signatures signed on paper by the person named in the document or we may accept signatures by facsimile, PDF or other electronic means (“Electronic Signatures”) on any documents submitted in connection with your Account. If we accept an Electronic Signature, you agree that we are authorized to rely upon and accept as genuine any such signature without any duty to determine the genuineness thereof or whether or not the affixing of such a signature has been authorized by you or the person whose name is so affixed. You agree that you will bear the risk of any unauthorized Electronic Signature. In addition to your indemnification obligations elsewhere in this Agreement, you further agree to indemnify and hold us harmless from and against any and all Losses that we may suffer or incur as a result of the unlawful use, unauthorized use or misuse by any person of a Signature Device or Electronic Signature in connection with your Account.

Facsimile Signatures and Signature Devices. We may honor or refuse You agree not to honor checks drawn by means of a Signature Device in our sole discretion. A “Signature Device” includes any use an automatic check-writing service that operates through the use of a personal computer, a facsimile signature or stamp, and any stamp or other method of providing a mechanical signature on checks unless specifically authorized by us in a separate written agreement. We may refuse to honor checks drawn by means of any such signature device without such written agreement even if we have honored such checks previously. Alternatively, at our discretion, we may honor such checks without a written agreement if the signature resembles any other signatures appearing on any check that was issued but which you did not report as unauthorized. In doing so, we are authorized to rely upon and to accept as genuine signatures which you have accepted by prior use without any duty by us to determine the genuineness thereof or whether or not the affixing of such a signature on to a check has been authorized by mechanical, digital you or other electronic meansthe person whose name is so affixed. You agree that if you utilize an automatic check-writing service that operates through the use of a Signature Devicepersonal computer, a facsimile signature or a stamp, you shall have the sole responsibility for maintaining its the security of any such computer, stamp or facsimile device by which your signature is affixed and that you shall bear the entire risk of unauthorized use of any such Signature Device signature device whether or not you are negligent. You authorize us to accept and pay any also recognize that the treatment of each check drawn by means presented against your Account through the use of a Signature Device such signature device will be the same as though you had signed your own name to such check, even if the Signature Device was used without your authority and regardless of to whom such check is drawn were signed by you. In addition to your indemnification obligations elsewhere in this Agreement, you further agree to indemnify and hold us harmless from and against any and all loss, cost, damage, liability, or made payableexpense (including reasonable attorneys fees) that we may suffer or incur as a result of the unlawful use, unauthorized use or misuse by any person of such signature device, facsimile signature or stamp that reasonably resembles the signature you use. We may require original signatures signed on paper by the person named in the document or we may accept signatures by facsimile, PDF or other electronic means (“Electronic Signatures”) on any documents submitted in connection with your AccountAccount or at our discretion. If we accept an Electronic Signaturea signature by facsimile, PDF or other electronic means, you agree that we are authorized to rely upon and accept as genuine any such signature without any duty to determine the genuineness thereof or whether or not the affixing of such a signature has been authorized by you or the person whose name is so affixed. You agree that you will bear the risk of any unauthorized Electronic Signaturesignature submitted by facsimile, PDF or other electronic means. In addition to your indemnification obligations elsewhere in this Agreement, you further agree to indemnify and hold us harmless from and against any and all Losses loss, cost, damage, liability or expense (including reasonable attorneys fees) that we may suffer or incur as a result of the unlawful use, unauthorized use or misuse by any person of a Signature Device signature submitted by facsimile, PDF or Electronic Signature other electronic means in connection with your Account. Checks and Forms All checks, withdrawal forms, deposit slips and transfer instructions used in connection with your Account must be on forms obtained through or approved by us. We offer checks in a number of styles and at various prices. Unless we have approved them in advance, we may refuse to accept checks someone else provides because our equipment may not be able to read or process them. You agree to maintain adequate safeguards to ensure the authorized use of the checks or other forms you retain, and you agree to notify us immediately if you become aware that any checks or other forms are lost or stolen. You are responsible for losses you may suffer if a check you issue or deposit is returned or processing of the check is delayed as a result of any writing or marking that you or a prior endorser place on the front or back of the check, improper printing on checks, your failure to maintain adequate safeguards against unauthorized use, or your failure to issue checks in a manner so as to prevent unauthorized completion, alteration or addition. Stop Payments on a Check If you do not want us to pay a check you have issued, you can request us to stop payment. You can notify us in person, online, by mail or by telephone. Your stop payment order takes effect after we verify that the check is unpaid, when we record it on your Account and after sufficient time has lapsed to notify all of our impacted Bank areas. You agree that acceptance of a stop payment order by the Bank does not mean that the check has not already been paid or that we have sufficient time to act on the stop payment order. Your stop payment order on a check will be effective for six (6) months, unless you renew it. Renewals are for six (6) months. Your stop payment order on a check must include your Account number, the number and date of your check, the amount, and the name of the payee. We are not responsible for stop payment requests with incorrect information. In the event you wish to release a stop payment order, you must provide written authorization to us. We will charge your Account for the stop payment order and each renewal, if applicable. If the check is presented for payment after the order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a holder in due course of a check that you ask us to stop, we may still pay the check. The Bank will not accept stop payment requests on Official Checks or Money Orders issued by the Bank or on checks certified by the Bank. Any signer may order the Bank to stop payment on a check drawn by any other signer. For preauthorized withdrawals from your Account, you must stop payment at least three (3) Business Days before the scheduled date of transfer. You may request a one-time stop payment for a single ACH transaction or a permanent stop payment for recurring ACH transactions. There is no expiration for stop payments placed on ACH transactions or paper checks presented electronically.

Facsimile Signatures and Signature Devices. We may honor or refuse You agree not to honor checks drawn by means of a Signature Device in our sole discretion. A “Signature Device” includes any use an automatic check-writing service that operates through the use of a personal computer, a facsimile signature or stamp, and any stamp or other method of affixing providing a mechanical signature on checks unless specifically authorized by us in a check by mechanical, digital or other electronic meansseparate written agreement. You agree that if you utilize a Signature Device, you shall have the sole responsibility for maintaining its security and bear the entire risk of unauthorized use of any such Signature Device whether or not you are negligent. You authorize us We may refuse to accept and pay any check honor checks drawn by means of a Signature Device as though you had signed your own name to any such check, signature device without such written agreement even if the Signature Device was used without your authority and regardless of to whom we have honored such check is drawn or made payablechecks previously. We may require original signatures signed on paper by the person named in the document or Alternatively, at our discretion, we may accept honor such checks without a written agreement if the signature resembles any other signatures by facsimile, PDF or other electronic means (“Electronic Signatures”) appearing on any documents submitted in connection with your Accountcheck that was issued but that you did not report as unauthorized. If we accept an Electronic SignatureIn doing so, you agree that we are authorized to rely upon and to accept as genuine any such signature signatures that you have accepted by prior use without any duty by us to determine the genuineness thereof or whether or not the affixing affixing of such a signature to a check has been authorized by you or the person whose name is so affixedaffixed. You agree that if you will utilize an automatic check-writing service that operates through the use of a personal computer, a facsimile signature or a stamp, you shall have the sole responsibility for maintaining the security of any such computer, stamp or facsimile device by which your signature is affixed and that you shall bear the entire risk of unauthorized use of any unauthorized Electronic Signaturesuch signature device whether or not you are negligent. You also recognize that the treatment of each check presented against your Account through the use of such signature device will be the same as if such check were signed by you. In addition to your indemnification indemnification obligations elsewhere in this Agreement, you further agree to indemnify and hold us harmless from and against any and all Losses that we may suffer or incur as a result of the unlawful use, unauthorized use or misuse by any person of such signature device, facsimile signature you use. We may require original signatures signed on paper by the person named in the document or we may accept signatures by facsimile, PDF or other electronic means on documents submitted in connection with your Account or at our discretion. If we accept a Signature Device signature by facsimile, PDF or Electronic Signature other electronic means, you agree that we are authorized to rely upon and accept as genuine any such signature without any duty to determine the genuineness thereof or whether or not the affixing of such a signature has been authorized by you or the person whose name is so affixed. You agree that you will bear the risk of any unauthorized signature submitted by facsimile, PDF or other electronic means. In addition to your indemnification obligations elsewhere in this Agreement, you further agree to indemnify and hold us harmless from and against any and all Losses that we may suffer or incur as a result of the unlawful use, unauthorized use or misuse of a signature submitted by facsimile, PDF or other electronic means in connection with your Account. Checks and Forms All checks, withdrawal forms, deposit slips and transfer instructions used in connection with your Account must be on forms obtained through or approved by us. We offer checks in a number of styles and at various prices. Unless we have approved them in advance, we may refuse to accept checks someone else provides because our equipment may not be able to read or process them. You agree to maintain adequate safeguards to ensure the authorized use of the checks or other forms you retain, and you agree to notify us immediately if you become aware that any checks or other forms are lost or stolen. You are responsible for losses you may suffer if a check you issue or deposit is returned or processing of the check is delayed as a result of any writing or marking that you or a prior endorser place on the front or back of the check, improper printing on checks, your failure to maintain adequate safeguards against unauthorized use, or your failure to issue checks in a manner so as to prevent unauthorized completion, alteration or addition. Postdated and Stale Checks We reserve the right to pay or not pay any check (i) before the date you have written on it (a postdated check) or (ii) that is dated more than six (6) months in the past (a stale check). If you do not want us to pay a postdated or stale check, you must provide us with a stop payment order on it.