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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 />17. Deposit Account <br /> <br />17.1 You must maintain a Deposit Account in your name in satisfactory <br />condition at Bank of America, N.A., or at another depository institution <br />under arrangements acceptable to us. The Deposit Account will be subject <br />to Section 19, Security Interest. In the absence of any other written <br />Agreement with the us, the standard terms and conditions that apply to our <br />deposit accounts of the same type will apply. As amounts become payable <br />to us or to you under the terms of this Agreement we may, unless <br />otherwise agreed, make payments to or receive payments from you by <br />crediting or debiting your Deposit Account without prior notice. If you do <br />not maintain a Deposit Account with the us, payments between the parties <br />will be made in a manner satisfactory to us. If you do not maintain <br />sufficient balances in your Deposit Account to cover amounts owing under <br />the Agreement, you must immediately pay all such amounts directly to us, <br />and if you do not do so, at our discretion we may cease processing <br />additional POS Transactions until the amounts due are paid. <br /> <br />17.2 If the Deposit Account is closed, we may terminate this Agreement upon <br />written notice unless you open another Deposit Account acceptable to us. <br />You may change the Deposit Account upon approval by us, and approval <br />will not be unreasonably withheld. <br /> <br />I <br /> <br />18. Reserve Account and Delayed Payment <br /> <br />18.1 At our written request, you will maintain a Reserve Account, with the <br />banking office that we designate, in the minimum amount we require. If <br />you fail to establish the Reserve Account at our request, we may establish <br />one in your name for our benefit at the Bank and fund the Reserve <br />Account with amounts that become due you under this Agreement. The <br />Reserve Account will be separate from the Deposit Account. Unless <br />otherwise agreed, the Reserve Account will earn interest at the rate paid on <br />our Business Savings Accounts. The standard terms and conditions that <br />apply to our deposit accounts of the same type will apply, unless we agree <br />otherwise in writing. <br /> <br />18.2 If funds are not available in the Deposit Account, we may deduct from the <br />Reserve Account any obligation of yours to us under this Agreement, <br />including Reversed POS Transactions and Fees. <br /> <br />15 <br /> <br />I <br />
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