Common use of Owners, Authorized Representatives and Delegates Clause in Contracts

Owners, Authorized Representatives and Delegates. If an Eligible Account is owned by more than one person, or has more than one Authorized Representative, each person individually may provide us with instructions, make any decision, obtain any information or make any request associated with the Eligible Account and related Online Financial Services, to the extent allowed by agreements covering the Eligible Account. If you make someone an Authorized Signer on a Business Eligible Account, and he/she is enrolled in the Service, we can treat him/her as an Authorized Representative. If you tell us that an Authorized Representative is no longer authorized, we’ll consider his/her transactions unauthorized only when: • You tell us that you did not want or intend the transaction(s); and • The Authorized Representative performs them after you let us know he/she is no longer authorized; and • We have reasonable opportunity to act on your notification. For more details, please see the agreements for your Eligible Accounts and Online Financial Services. We may offer Delegate Tools (online or otherwise) that help you manage the authority and access of some of your Authorized Representatives and Delegates you appoint. Additional features include: • Owners and certain Authorized Representatives of Eligible Accounts may use the Delegate Tools to name a Delegate. • We may provide Delegate Tools that let one Delegate establish, or manage the access of, another Delegate. • Delegates who are Authorized Representatives may also have authority in addition to that established using the Delegate Tools. • We will treat a Delegate appointment by one Owner or certain Authorized Representatives of an Eligible Account as a Delegate appointment by all other Owners of that Eligible Account. • View Only – Guest users and authorized users may have access to an Eligible Account or Online Financial Service, but only to view balance and transaction information and other non-transactional capabilities as permitted by the Service. • View and Transact – Authorized users may have access to an Eligible Account or Online Financial Service, and may engage in and authorize specified transactions permitted by the Service. All Delegate transactions performed on an Eligible Account or Online Financial Service within the scope of the authority you grant using the Delegate Tools, are transactions authorized by you – even transactions you did not want or intend. You are solely responsible for those transactions. If you use Delegate Tools to change or end the authority of a Delegate, we’ll consider transactions unauthorized when: • You end a Delegate appointment through the Website; and • You did not intend to make the transaction; and • We have a reasonable opportunity to act on your notice. To end a Delegate appointment you made on the Website:

Owners, Authorized Representatives and Delegates. If an Eligible Account is owned by more than one person, person or has more than one Authorized RepresentativeRepresentative or Delegate, each such person individually may has the right to provide us with instructionsinstructions (written, electronic, or verbal), make any decision, obtain any information or make any request associated with the Eligible Account and related Online Financial ServicesService, to the extent allowed by agreements covering the terms, conditions or governing provisions of the Eligible Account. You agree that each of your Authorized Representatives will be acting as your agent and will be bound by this Agreement and any separate agreement governing the Eligible Account or Online Financial Service. We may rely and act on the instructions of any such person without incurring liability to you. All transactions that an Authorized Representative performs on an Eligible Account or Online Financial Service, including those you did not want or intend, are transactions authorized by you. You are solely responsible for those transactions, and we are not responsible for them. 1. If you make someone a person an Authorized Signer authorized signer on a Business an Eligible Account, and he/she that authorized signer is enrolled in the Service, we can may in our discretion treat him/her that authorized signer as an Authorized Representative. If you tell notify us that an Authorized Representative is no longer authorized, we’ll consider his/her only transactions unauthorized only when: • You tell us that you did not want or intend and that the transaction(s); and • The Authorized Representative performs them after you let us know he/she is no longer authorized; notify us, and • We we have a reasonable opportunity to act on your notificationthe notice, will be considered unauthorized transactions. For more details, please see Please refer to the specific agreements for your Eligible Accounts and Online Financial ServicesService for more details. 2. We From time to time, we may offer Delegate Tools (online tools on the Website or otherwise) that help you manage through other channels for managing the authority and access of some of your Authorized Representatives and Delegates you appoint("Delegate Tools"). Additional features include: • Owners Delegate Tools permit you, either directly or through us, to limit or control the access that certain of your Authorized Representatives will have to, or tasks they can perform with, an Eligible Account or Online Financial Service. An Authorized Representative acting within the authority established using the Delegate Tools is referred to as a "Delegate" in Paragraphs 1.B.3 through B.9 of this Agreement. Any Owner and certain Authorized Representatives of an Eligible Accounts Account may use the Delegate Tools to name establish a Delegate. • We may provide Delegate Tools that let permit one Delegate to establish, or manage the access of, another Delegate. • Delegates who are A Delegate may also, as an Authorized Representatives may also Representative, have other authority in addition to that the authority established using the Delegate Tools. • We will treat a A Delegate appointment by one Owner or a certain Authorized Representatives Representative of an Eligible Account as will be considered a Delegate appointment by all other Owners of that Eligible Account. • View Only – Guest users and authorized users may have access to an Eligible Account or Online Financial Service, but only to view balance and transaction information and other non-transactional capabilities as permitted by the Service. • View and Transact – Authorized users may have access to an Eligible Account or Online Financial ServiceYou agree that you, and not we, are responsible for supervising all of your Authorized Representatives and monitoring the actions they take on your behalf, whether or not we provide Delegate Tools for managing their authority. Some Delegate features may engage in and authorize specified transactions permitted by the Servicenot be available for certain accounts or customers. 3. All transactions that a Delegate transactions performed performs on an Eligible Account or Online Financial Service within the scope of the authority you grant using the Delegate Tools, are transactions authorized by you – even including any transactions you did not want or intend, are transactions authorized by you. You are solely responsible for those transactions, and we are not responsible for them. If you use Delegate Tools to revoke or change or end the authority of a DelegateDelegate using the Delegate Tools, we’ll consider only transactions unauthorized when: • You end a Delegate appointment through the Website; and • You that you did not want or intend to make and that the transaction; Delegate performs after you change their authorization and • We we have a reasonable opportunity to act on your noticethat notice will be considered unauthorized transactions. To end notify us that you want to terminate a Delegate appointment you have made on the Website:, you must access the Website using your username and password, select the applicable link to manage access to your accounts on the account services page, and follow the directions to delete the Delegate, or you must contact Online Customer Service by calling ▇-▇▇▇-▇▇▇-▇▇▇▇ with your notification to remove the Delegate. If you have made a Delegate appointment through another channel, you must follow the process for terminating the Delegate appointment through that same channel. 4. We may, at our option, permit you to authorize a Delegate to initiate fund transfers or other transactions on an Eligible Account or through an Online Financial Service. If you authorize a Delegate to initiate fund transfers or other transactions on an Eligible Account, then you are also agreeing that for purposes of such transactions the Delegate is an authorized signer on the Eligible Account, subject to the terms of the separate agreement for your applicable Eligible Account. In addition, if you make a person an authorized signer on an Eligible Account, and that authorized signer is enrolled in the Service, we may in our discretion treat that authorized signer as a Delegate and automatically assign View and Transact authority to that Delegate, as described in paragraph B.6, below. 5. You agree that you may only appoint Delegates, at our sole option, in accordance with the requirements and procedures we provide to you from time to time. This provision takes precedence over any conflicting provision in any other agreement you have with us. We may discontinue offering Delegate options or permitting Delegates to access your Eligible Account or Online Financial Service at any time without prior notice. 6. The Service includes the following types of Delegates: • View Only, a person with his or her own username and password for accessing the Service and for whom you authorize online access to an Eligible Account or Online Financial Service, but with authority only to view balance and transaction information. • View and Transact, a person with his or her own username and password for accessing the Service and to whom you authorize online access to an Eligible Account or Online Financial Service with authority to engage in and authorize specified transactions with respect to that Eligible Account or Online Financial Service, as permitted by the Service. 7. You are responsible for ensuring that each Delegate maintains confidentiality of their username, password, or other login identification. 8. You agree that each Delegate will access and use each Eligible Account, and Online Financial Service, in accordance with the authority given to the Delegate by the delegating Owner. Each time the Delegate accesses, views, or transacts on an Eligible Account or Online Financial Service, you represent and warrant to us that the Delegate's action is authorized by the delegating Owner. If we receive conflicting instructions, or if we believe that an Eligible Account's security or our security may be at risk as a result of a Delegate, we may at our sole discretion terminate the Delegate's access to the Service, an Eligible Account, or an Online Financial Service, or prevent the individual from being a Delegate, without prior notice to you or any account Owner. 9. The authority of a Delegate will terminate: (a) when we are notified by an Owner or Authorized Representative through the appropriate channel that the Delegate's authority is terminated and we have a reasonable opportunity to act on the notice, (b) when we are notified by an Owner or Authorized Representative that the Owner appointing the Delegate ceases to be an Owner on the Eligible Account and we have a reasonable opportunity to act on the notice, (c) upon our receiving written notice of the death or incapacity of the delegating Owner from a court of competent jurisdiction or from a source that we consider official and reliable and we have a reasonable opportunity to act on the notice, (d) at our sole discretion if an Owner or Delegate breaches any provision of this Agreement, or (e) when, in the case of a View Only Delegate or View and Transact Delegate, the Delegate ceases to be enrolled in the Service.

Owners, Authorized Representatives and Delegates. If an Eligible Account is owned by more than one personBy accessing any Online Banking Services provided hereby, or has more than one Authorized Representative, each person individually may you agree that you have the right to provide us with instructions, make any decision, obtain any information or make any request associated with the Eligible Account Account(s) and related Online Financial Banking Services which are the subject hereof. You further agree that each of your authorized representatives, as designated to us in writing, will be acting as your agent and will be bound by this Agreement and any separate agreement governing the Account(s). All transactions that an authorized representative performs on an Account(s) or through the Online Banking Services, to the extent allowed including those you did not want or intend, are transactions authorized by agreements covering the Eligible Accountyou. You are solely responsible for those transactions, and we are not responsible for them. If you make someone a person an Authorized Signer authorized signer on a Business Eligible an Account, and he/she is enrolled we may in the Service, we can our discretion treat him/her that authorized signer as an Authorized Representativeauthorized representative for purposes of access, use and modification of the Online Banking Services. If you tell notify us that an Authorized Representative authorized representative is no longer authorized, we’ll consider his/her only transactions unauthorized only when: • You tell us that you did not want or intend and that the transaction(s); and • The Authorized Representative authorized representative performs them after you let us know he/she is no longer authorized; notify us, and • We we have a reasonable opportunity to act on your notificationthe notice, will be considered unauthorized. For more detailsbusiness accounts, please see the agreements for owner of the Account may manage the authority of your Eligible Accounts authorized representatives through the Website. The owner of the Account who initially enrolls in the Online Banking Services will be designated as the Administrator of the Account(s) and will have full access to all of the features and benefits of Online Financial Banking Services. We may offer Delegate Tools (online the ability to create multiple Login IDs and passwords for various persons within your organization to have access to your Account(s) through the Online Banking Services, each with the access level you designate. In some circumstances, we also permit you to link other business accounts you own or otherwise) that help you manage control. Multiple Login IDs and linking Accounts are discussed below. An authorized representative acting within the authority and access of some of your Authorized Representatives and Delegates you appoint. Additional features include: • Owners and certain Authorized Representatives of Eligible Accounts may use the Delegate Tools to name a Delegate. • We may provide Delegate Tools that let one Delegate establish, or manage the access of, another Delegate. • Delegates who are Authorized Representatives may also have authority in addition to that established using the Delegate ToolsWebsite will be called a “Delegate” throughout this Agreement. • We will treat You agree that you, and not we, are responsible for supervising all of your Delegates and monitoring the actions they take on your behalf, whether or not we provide tools for managing their authority. All transactions that a Delegate appointment by one Owner or certain Authorized Representatives of an Eligible Account as a Delegate appointment by all other Owners of that Eligible Account. • View Only – Guest users and authorized users may have access to an Eligible Account or Online Financial Service, but only to view balance and transaction information and other non-transactional capabilities as permitted by the Service. • View and Transact – Authorized users may have access to an Eligible Account or Online Financial Service, and may engage in and authorize specified transactions permitted by the Service. All Delegate transactions performed performs on an Eligible Account or Online Financial Service account within the scope of the authority you grant using through the Delegate ToolsWebsite, are transactions authorized by you – even including any transactions you did not want or intend, are transactions authorized by you. You are solely responsible for those transactions, and we are not responsible for them. If you use Delegate Tools to revoke or change or end the authority of a Delegate, we’ll consider transactions unauthorized when: • You end a Delegate appointment through using the Website; and • You , only transactions that you did not want or intend to make and that the transaction; Delegate performs after you change their authorization, and • We we have a reasonable opportunity to act on your that notice, will be considered unauthorized transactions. To end notify us that you want to terminate a Delegate appointment you have made on the Website:, you must access the Website using your Login ID and password, select the applicable link to manage access to your accounts on the Account Services page, and follow the directions to delete the Delegate, or you must contact Bank customer service by calling ▇-▇▇▇-▇▇▇-▇▇▇▇ with your notification to remove the Delegate. THE BANK WILL HAVE NO LIABILITY TO YOU FOR UNAUTHORIZED PAYMENTS AND TRANSFERS MADE USING THE ACCESS CODES YOU ASSIGN THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE. For each Delegate, you may designate the activity level for each linked account. If you select to enable Bill Pay for a user, that user will automatically have access to all the accounts that you have set up for Bill Pay, and they will be able to pay bills using the Bill Pay feature. If you have multiple businesses that you are authorized to obtain Online Banking Services for, and want to link the accounts of the other business to the accounts covered by this Agreement, you will need to agree separately to this Agreement for each of your businesses. Upon doing so, you may link the accounts of the businesses, at your risk and that of the businesses, but not of Bank, so that you and any Delegate of any of the businesses may use a common Login ID and access code for the Online Banking Services for all linked accounts. This can only be done if you are authorized to link the accounts of the different business and use all the functions of Online Banking Services for each business. You further agree to inform the bank if the authority over any linked account of any authorized agents or employees given access to the account through Business Internet Banking Services decreases or otherwise changes in any manner. Bank is not liable if your authority over any account decreases until you inform us of the change by notifying us at ▇-▇▇▇-▇▇▇-▇▇▇▇ or at American Bank of Commerce, P.O. Drawer 9, Wolfforth, Texas 79382, and only after we have had a reasonable time to act on such notification. You are responsible for ensuring that each Delegate maintains the confidentiality of his or her Login ID, password, or other Login Identification. You agree that each Delegate will access and use each Account, and Online Banking Services, in accordance with the authority given to the Delegate by the delegating owner. Each time the Delegate accesses, views, or transacts on an Account or through Online Banking Services, you represent and warrant to us that the Delegate’s action is authorized by the delegating Owner. If we receive conflicting instructions, or if we believe that an Account’s security or our security may be at risk as a result of a Delegate, we may at our sole discretion terminate the Delegate’s access to the Service, an Account, or the Online Banking Service, or prevent the individual from being a Delegate, without prior notice to you or any account Owner. The authority of a Delegate will terminate: (a) when we are notified by an Owner through the appropriate channel that the Delegate’s authority is terminated and we have a reasonable opportunity to act on the notice, (b) when we are notified by an Owner that the Owner appointing the Delegate ceases to be an Owner on the Account and we have a reasonable opportunity to act on the notice, (c) in the case of consumer accounts and sole-proprietor business accounts, upon our receiving written notice of the death or incapacity of the delegating Owner from a court of competent jurisdiction or from a source that we consider official and reliable and we have a reasonable opportunity to act on the notice, or (d) at our sole discretion if an Owner or Delegate breaches any provision of this Agreement.