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Res 2006-035
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Res 2006-035
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Last modified
8/2/2006 10:34:15 AM
Creation date
8/2/2006 10:18:33 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-35
Date
2/21/2006
Volume Book
166
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<br />THIRD-PARTY INFORMATION <br />If you gain, through your use of one or more Services, access to any information relating <br />to any person other than us, you or any of your Subsidiaries which have authorized your <br />receipt of such information, you agree that you will treat such third-party information as <br />strictly confidential and you shall not disclose it to any person outside your company or <br />to any persons within your company except those who have a need to know. Further, you <br />shall ensure that adequate measures have been taken to prevent the unauthorized use <br />of any such third-party information. You agree that you will not use any such third-party <br />information for your own purposes other than in a communication to us relating to the <br />Service. <br /> <br />. <br />1 <br /> <br />LOCKBOX <br /> <br />Our Lockbox Services involve the processing of checks and other payment instruments, <br />such as drafts, that are received at a Lockbox Address or by special arrangement with us, <br />excluding without limitation the processing of cash, stock certificates and tangible <br />valuables. With a Lockbox Service, you instruct your customers to mail checks and other <br />payment instruments you want to have processed under a Service to the Lockbox <br />Address. We are not liable to you for losses you suffer if anything other than checks or <br />other payment instruments are sent to the Lockbox Address. We and/or our agents will <br />have unrestricted and exclusive access to the mail sent to the Lockbox Address. <br /> <br />If we receive any mail containing your lockbox number at our lockbox operations location 1 <br />(instead of the Lockbox Address), we may handle the mail as if it had been received at <br />the Lockbox Address. <br /> <br />PROCESSING <br />We will handle checks received at the Lockbox Address according to the applicable <br />Account Agreement, applicable User Documentation and our availability schedule, as if <br />the checks were delivered by you to us for deposit to your designated account. except as <br />modified by this Booklet. <br /> <br />We will open the envelopes picked up from the Lockbox Address and remove the <br />contents. Checks and other documents contained in the envelopes will be inspected and <br />handled in the manner specified in the set-up documents for the applicable Lockbox <br />Address. We capture and report information related to the lockbox processing, where <br />available, if you have specified this option in the set-up documents. As appropriate, we <br />will endorse all checks we process on your behalf and deposit them in the account you <br />designate for the applicable Service. <br /> <br />If we process an unsigned check as instructed in the set-up documents, and the check is <br />paid, but the account owner does not authorize payment, you agree to indemnify us. the <br />drawee bank (which may include us) and any intervening collecting bank for any liability <br />or expense incurred by us or such other bank due to the payment and collection of the <br />check. <br /> <br />m' <br />
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