Common use of Returned Items/Transactions Clause in Contracts

Returned Items/Transactions. If we are notified that an item you deposited is being returned unpaid, we may attempt to reclear the item at our discretion, place a hold on the funds in question (refer to the “Funds Availability Policy” section) or charge your account for the amount (and any interest earned on it), whether or not the return or notice of non- payment is proper or timely. We may notify you of the return orally, electronically or in writing. If we receive an affidavit or a declaration under penalty of perjury stating that an endorsement on an item deposited to your account is forged, that the item contains an alteration or that there has been a breach of warranty in connection with the item, we may charge the item back against your account or place a hold on the funds pending an investigation, without prior notice to you. You agree that you will not, without our prior permission deposit “substitute checks” as defined by federal law or drafts that purport to be substitute checks and have not been previously endorsed by a bank. If you deposit such an item, you give us the same warranties and indemnities that we would give under applicable law as a reconverting bank. You further agree to reimburse us for losses, costs, damages and attorneys’ fees we may incur as a result of such action. If you provide us with an electronic representation of a substitute check for deposit into your account instead of an original check, you agree to reimburse us for all losses, costs and damages we incur because the resulting substitute check (from the electronic representation) does not meet the requirements for legal equivalence or causes duplicate payments.

Returned Items/Transactions. If we are notified that an item you deposited is being returned unpaid, we may attempt to reclear the item at our discretion, place a hold on the funds in question (refer to the “Funds Availability Policy” section) or charge your account for the amount (and any interest earned on it), whether or not the return or notice of non- payment is proper or timely. We may assess a fee for each returned item and notify you of the return orally, electronically or in writing. If we receive an affidavit or a declaration under penalty of perjury stating that an endorsement on an item deposited to your account is forged, that the item contains an alteration or that there has been a breach of warranty in connection with the item, we may charge the item back against your account or place a hold on the funds pending an investigation, without prior notice to you. You agree that you will not, without our prior permission deposit “substitute checks” as defined by federal law or drafts that purport to be substitute checks and have not been previously endorsed by a bank. If you deposit such an item, you give us the same warranties and indemnities that we would give under applicable law as a reconverting bank. You further agree to reimburse us for losses, costs, damages and attorneys’ fees we may incur as a result of such action. If you provide us with an electronic representation of a substitute check for deposit into your account instead of an original check, you agree to reimburse us for all losses, costs and damages we incur because the resulting substitute check (from the electronic representation) does not meet the requirements for legal equivalence or causes duplicate payments.

Returned Items/Transactions. If we are notified that an item you deposited is being returned unpaid, we may attempt to reclear re-clear the item at our discretion, place a hold on the funds in question (refer to the “Funds Availability Policy” section) or charge your account for the amount (and any interest earned on it), whether or not the return or notice of non- payment is proper or timely. We may notify you of the return orally, electronically or in writing. If we receive an affidavit or a declaration under penalty of perjury stating that an endorsement on an item deposited to your account is forged, that the item contains an alteration or that there has been a breach of warranty in connection with the item, we may charge the item back against your account or place a hold on the funds pending an investigation, without prior notice to you. You agree that you will not, without our prior permission deposit “substitute checks” as defined by federal law or drafts that purport to be substitute checks and have not been previously endorsed by a bank. If you deposit such an item, you give us the same warranties and indemnities that we would give under applicable law as a reconverting bank. You further agree to reimburse us for losses, costs, damages and attorneys’ fees we may incur as a result of such action. If you provide us with an electronic representation of a substitute check for deposit into your account instead of an original check, you agree to reimburse us for all losses, costs and damages we incur because the resulting substitute check (from the electronic representation) does not meet the requirements for legal equivalence or causes duplicate payments.