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<br />I <br /> <br />26.3 Waiver. Our failure to enforce any provision of this Agreement will not <br />constitute a waiver of any of our other rights under this Agreement. All <br />waivers must be in writing signed by us. A waiver effective for one <br />instance will not apply to other occasions, unless that intent is clear from <br />the signed waiver. <br /> <br />26.4 This Agreement is binding upon the parties and their successors and <br />assigns. You may not assign this Agreement without our prior written <br />consent, and any purported assignment made without our consent will be <br />void. <br /> <br />27. Continuing Guaranty <br /> <br />In this Guaranty, the "Guarantor" is each business organization or person who <br />signs on the Guarantor signature line in the Application for Electronic Check <br />Service. "We" are Bank of America, N.A. "You" are the person or business <br />organization named on the Application for Electronic Check Service. The <br />"Agreement" is the Agreement for Electronic Check Service between us and <br />you, as now in effect and as amended in the future. "Obligations" are your <br />obligations under the Agreement, as described more fully below. <br /> <br />I <br /> <br />27.1 Guaranty. You have applied for certain services from us to process any <br />combination of Credit Card Transactions, Debit Card Transactions and <br />other Card Transactions, and to provide other Merchant Services to you <br />under the Agreement ("Services"). To induce us to make Services <br />available to you, the Guarantor guarantees payment of, and will pay to us <br />on demand, the Obligations of Merchant described below: <br /> <br />A) The Obligations include all obligations you incur under the <br />Agreement: <br /> <br />1) at any time, past, present or future <br /> <br />2) voluntarily or involuntarily <br /> <br />3) directly or indirectly or <br /> <br />4) individually or together with others. <br /> <br />22 <br /> <br />I <br />