Common use of PACIFIC Clause in Contracts

PACIFIC. If we receive legal process against your account before our cutoff time for legal process which requires us to attach, garnish or turn over your funds, and you do not have enough funds in the account to cover the legal process, we may return items presented against your account the previous Business Day and apply the funds to satisfy the conditions of the legal process. If any legal process directs us to attach, garnish or turn over funds or other property, then, depending on the type of order, we either immediately deliver the funds or property or hold them for a legally permitted period. We do not pay interest on the funds during the period we hold them. If we use funds from a certificate of deposit account, we may impose an early withdrawal penalty. You authorize us to charge your account a legal process fee for each order. See Fee Schedule (“Levy/Legal Service Processing Fee”). You agree to pay our fees and expenses for research and copying of documents and all other expenses, including administrative expenses, we incur in responding to any legal process related to your account. These may include attorneys’ fees and costs. You authorize us to deduct these fees and expenses from any of your accounts without prior notice to you. Any legal process requiring us to attach, garnish or turn over your funds shall be subject to the Bank’s right of setoff and security interest in the account. We are not liable to you for not paying items because we have withdrawn funds from your account or in any way restricted your access to funds because of a legal process or our setoff. Lost/Stolen/Destroyed Cashier’s Checks You do not automatically have the right to stop payment on cashier’s checks you purchase from us. If a cashier’s check is lost, stolen or destroyed, please contact us. In general, you must complete a declaration of loss form describing the cashier’s check and how it was lost, stolen or destroyed. We will then wait ninety days from the date the cashier’s check was issued before we pay your claim. If ninety days has already passed, we will act on your claim within a reasonable time. If the cashier’s check is presented during the ninety day waiting period, we may pay the item to a person entitled to enforce the cashier’s check. If this happens, we will not pay your claim. If we determine that any such instrument is presented by or on behalf of a person who may be a holder in due course or who may otherwise have the right to obtain payment of the cashier’s check from the Bank, we may, without notice to you, pay the cashier’s check, even though you may have paid us a fee to not honor the cashier’s check. Limitation on Time to Bring Action Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law with respect to your account or any account service must be commenced no later than one year after the day the cause of action accrues.

PACIFIC. If we receive legal process against your account before our cutoff time for legal process which requires us to attach, garnish or turn over your funds, and you do not have enough funds in the account to cover the legal process, we may return items presented against your account the previous Business Day and apply the funds to satisfy the conditions of the legal processprocess . If any legal process directs us to attach, garnish or turn over funds or other property, then, depending on the type of order, we either immediately deliver the funds or property or hold them for a legally permitted periodlegallypermittedperiod. We do not pay interest notpayinterest on the funds during thefundsduring the period we hold them. If we use funds from a certificate of fundsfromatime deposit account, we may impose mayimpose an early withdrawal penalty. You authorize us to charge your account a legal process fee for each orderorder . See Fee Schedule (“Levy/Legal Service Processing Fee”)) . You agree to pay our fees and expenses for research and copying of documents and all other expenses, including administrative expenses, we incur in responding to any legal process related to your accountaccount . These may include attorneys’ fees and costscosts . You authorize us to deduct these fees and expenses from any of your accounts without prior notice to youyou . Any legal process requiring us to attach, garnish or turn over your funds shall be subject to the Bank’s right of setoff and security interest in the accountaccount . We are not liable to you for not paying items because we have withdrawn funds from your account or in any way restricted your access to funds because of a legal process or our setoffsetoff . Lost/Stolen/Destroyed Cashier’s Checks You do not automatically have the right to stop payment on cashier’s checks you purchase from us. If a cashier’s check is lost, stolen or destroyed, please contact us. In general, you must complete a declaration of loss form describing the cashier’s check and how it was lost, stolen or destroyed. We will then wait ninety days from the date the cashier’s check was issued before we pay your claim. If ninety days has already passed, we will act on your claim within a reasonable time. If the cashier’s check Ifthecashier’xxxxxx is presented during the ninety day waiting periodpresentedduring theninetydaywaitingperiod, we may pay the item paytheitem to a person entitled to enforce the cashier’s check. If this happens, we will not pay your claimclaim . If we determine that any such instrument is presented by or on behalf of a person who may be a holder in due course or who may otherwise have the right to obtain payment of the cashier’s check from the Bank, we may, without notice to you, pay the cashier’s check, even though you may have paid us a fee to not honor the cashier’s checkcheck . Limitation on Time to Bring Action Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law with respect to your account or any account service must be commenced no later than one year after the day the cause of action accruesaccrues .

PACIFIC. If we receive legal process against your account before our cutoff time for legal process which requires us to attach, garnish or turn over your funds, and you do not have enough funds in the account to cover the legal process, we may return items presented against your account the previous Business Day and apply the funds to satisfy the conditions of the legal process. If any legal process directs us to attach, garnish or turn over funds or other property, then, depending on the type of order, we either immediately deliver the funds or property or hold them for a legally permitted period. We do not pay interest on the funds during the period we hold them. If we use funds from a certificate of time deposit account, we may impose an early withdrawal penalty. You authorize us to charge your account a legal process fee for each order. See Fee Schedule (“Levy/Legal Service Processing Fee”). You agree to pay our fees and expenses for research and copying of documents and all other expenses, including administrative expenses, we incur in responding to any legal process related to your account. These may include attorneys’ fees and costs. You authorize us to deduct these fees and expenses from any of your accounts without prior notice to you. Any legal process requiring us to attach, garnish or turn over your funds shall be subject to the Bank’s right of setoff and security interest in the account. We are not liable to you for not paying items because we have withdrawn funds from your account or in any way restricted your access to funds because of a legal process or our setoff. Lost/Stolen/Destroyed Cashier’s Checks You do not automatically have the right to stop payment on cashier’s checks you purchase from us. If a cashier’s check is lost, stolen or destroyed, please contact us. In general, you must complete a declaration of loss form describing the cashier’s check and how it was lost, stolen or destroyed. We will then wait ninety days from the date the cashier’s check was issued before we pay your claim. If ninety days has already passed, we will act on your claim within a reasonable time. If the cashier’s check is presented during the ninety day waiting period, we may pay the item to a person entitled to enforce the cashier’s check. If this happens, we will not pay your claim. If we determine that any such instrument is presented by or on behalf of a person who may be a holder in due course or who may otherwise have the right to obtain payment of the cashier’s check from the Bank, we may, without notice to you, pay the cashier’s check, even though you may have paid us a fee to not honor the cashier’s check. Limitation on Time to Bring Action Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law with respect to your account or any account service must be commenced no later than one year after the day the cause of action accrues.