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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 />-I <br /> <br />CHANGE OF LAW OR REGULATION <br />If, subsequent to the issuance date of a letter of credit or guarantee, we determine that <br />the introduction of or any change in the interpretation of any law, rule, regulation or <br />guideline orthe request of a central bank or other governmental authority will increase <br />our costs relative to our providing the Electronic Trade Letters of Credit Service, as set <br />forth below, then, on demand, you will pay us additional amounts sufficient (as <br />determined by us) to compensate us for such increased cost. Such increased costs could <br />include: (i) reserve, deposit, assessment or similar requirements or (ij) increases in <br />capital adequacy requirements. <br /> <br />-I <br /> <br />DEPOSIT ON TERMINATION EVENT <br />If there occurs an event which permits us, undertheTermination section of this Booklet, <br />to terminate this Service immediately, you will deposit with us, on demand and as cash <br />security for your obligations to us, an amount equal to the aggregate undrawn amount of <br />the letters of credit and guarantees issued by us in the same currency as the letter of <br />credit or guarantee, or, at our option, its equivalent in U.S. Dollars or the currency of the <br />country in which the letter of credit or guarantee was issued. You will not withdraw any <br />amount so deposited except to the extent such amount exceeds the undrawn and <br />unreimbursed amount of the letter(s) of credit and guarantees. If the amount deposited <br />by you under this Booklet for a letter of credit is in a currency different than the currency <br />in which the letter of credit or guarantee is payable and the amount so deposited <br />becomes less than the value of the undrawn amount of the letter of credit or guarantee <br />because of any variation in rates of exchange, you will deposit with us additional <br />amounts in such other currency so that the total amount deposited by you under this <br />Booklet is not less than the equivalent value of the undrawn amount of the letter of <br />credit or guarantee, determined by using the rate of exchange quoted by us on the date <br />of our latest demand. <br /> <br />SUPPLEMENTAL LIMITATION OF LIABILITIES AND INDEMNIFICATION FOR ALL ELECTRONIC <br />TRADE SERVICES <br /> <br />For each Electronic Trade Service, this section supplements the Limitation of Liability <br />section of this Booklet. <br /> <br />You have sole responsibility for determining the level of security you require and <br />assessing the suitability of the security procedures for these Services. We have no duty <br />to investigate the authenticity of any application, instruction or other communication you <br />provide us using an Electronic Trade Service. Also, we will have no liability to you for <br />acting upon any application, amendment or other communication purportedly <br />transmitted by you, even if such application, amendment or message: <br /> <br />. Contains inaccurate or erroneous information. <br /> <br />. Constitutes unauthorized or fraudulent use of an Electronic Trade Service. <br /> <br />--. <br /> <br />. Includes instructions to pay money or otherwise debitor credit any account. <br /> <br /> <br />. Relates to the disposition of any money, securities or documents. <br />
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