Common use of Physical and Electronic Security Clause in Contracts

Physical and Electronic Security. The Customer is solely responsible for providing for and maintaining the physical, electronic, and technical security of data, systems, and devices in the Customer’s possession or under the Customer’s control. The Bank is not responsible for your device’s security and any computer viruses (including, without limitation, programs commonly referred to as “malware,” “keystroke loggers,” “trojans” and/or “spyware”), or problems, malfunctions, or non-authorized transactions resulting from any computer viruses or unauthorized counterparty, or any related problems that may be associated with the use of an online system. Any material downloaded or otherwise obtained is accessed at Customer’s own discretion and risk, and the Bank is not responsible for any damage to Customer’s devices or operating systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. The Customer is solely responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to Customer’s devices and operating systems, and for protecting, securing, and backing up any data and information stored in or on Customer’s device. The Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Customer’s devices or accessed through the Service. The Customer acknowledges and agrees that it is the Customer’s responsibility to protect itself and to be vigilant against email fraud and other Internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” and “pharming”). The Customer acknowledges that the Bank will never contact a Customer by email in order to ask for or to verify Account numbers, or any sensitive or confidential information. In the event a Customer receives an email or other electronic communication that Customer believes, or has reason to believe, is fraudulent, the Customer agrees they shall not respond to the email, provide any information to the email sender, click on any links in the email, or otherwise comply with any Instructions in the email. Customer agrees that the Bank is not responsible for any losses, injuries, or harm incurred by a Customer as a result of any electronic, email, or Internet fraud.

Physical and Electronic Security. The (a) Customer is solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data, systems, data and devices systems in the Customer’s possession or under the Customer’s control. The Bank is not responsible for your device’s security and any computer viruses (including, without limitation, programs commonly referred to as “malware,” “keystroke loggers,” “trojans” and/or “spyware”), problems or problems, malfunctions, or non-authorized transactions malfunctions resulting from any computer viruses or unauthorized counterpartyviruses, or any related problems that may be associated with the use of an online systemsystem or any wire transfer or Automated Clearing House (ACH) Origination services. Any material downloaded or otherwise obtained is accessed obtained at Customer’s own discretion and risk, and the Bank is not responsible for any damage to Customer’s devices Mobile Devices (as defined in Part II Section Nine), computer or operating systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. The Customer is solely responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to Customer’s devices and operating systems, and for protecting, securing, and backing up any data and information stored in or on Customer’s deviceoperating systems. The Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Customer’s devices operating systems or accessed through the Service. The an Internet connection. (b) Customer acknowledges and agrees that it is the Customer’s responsibility to protect itself and to be vigilant against email e-mail fraud and other Internet internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” and “pharming”). The Customer agrees to educate User(s), agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. Customer acknowledges that the Bank will never contact a Customer by email e- mail in order to ask for or to verify Designated Account numbers, Security Devices, or any sensitive or confidential information. In the event a Customer receives an email e-mail or other electronic communication that Customer believes, or has reason to believe, is fraudulent, the Customer agrees they that neither Customer nor its User(s), agents, and employees shall not respond to the emaile-mail, provide any information to the email e-mail sender, click on any links in the emaile-mail, or otherwise comply with any Instructions instructions in the emaile-mail. Customer agrees that the Bank is not responsible for any losses, injuries, or harm incurred by a Customer as a result of any electronic, emaile-mail, or Internet fraud. (c) In the event of a breach of the Security Procedures, Customer agrees to assist Bank in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Bank or Bank’s agent access to Customer’s hard drive, storage media and devices, systems and any other equipment or device that was used in breach of the Security Procedure. Customer further agrees to provide to Bank any analysis of such equipment, device, or software or any report of such analysis performed by Customer, Customer’s agents, law enforcement agencies, or any other third party. Failure of Customer to assist Bank shall be an admission by Customer that the breach of the Security Procedure was caused by a person who obtained access to transmitting facilities of Customer or who obtained information facilitating the breach of the Security Procedure from Customer and not from a source controlled by Bank. In the event of a breach of a Security Procedure, Customer may be required to close its Designated Accounts or to execute a Bank approved reactivation agreement before Services are reinstated to a Designated Account.

Physical and Electronic Security. The Customer is solely responsible for providing for and maintaining the physical, electronic, and technical security of data, systems, systems and devices in the Customer’s possession or under the Customer’s control. The Bank is not responsible for your device’s security and any computer viruses (including, without limitation, programs commonly referred to as “malware,” “keystroke loggers,” “trojans” and/or “spyware”), or problems, malfunctions, or non-authorized transactions resulting from any computer viruses or unauthorized counterparty, or any related problems that may be associated with the use of an online system. Any material downloaded or otherwise obtained is accessed at Customer’s own discretion and risk, and the Bank is not responsible for any damage to Customer’s devices or operating systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. The Customer is solely responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to Customer’s devices and operating systems, and for protecting, securing, and backing up any data and information stored in or on Customer’s device. The Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Customer’s devices or accessed through the Service. The Customer acknowledges and agrees that it is the Customer’s responsibility to protect itself and to be vigilant against email fraud and other Internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” and “pharming”). The Customer acknowledges that the Bank will never contact a Customer by email in order to ask for or to verify Account numbers, or any sensitive or confidential information. In the event a Customer receives an email or other electronic communication that Customer believes, or has reason to believe, is fraudulent, the Customer agrees they shall not respond to the email, provide any information to the email sender, click on any links in the email, or otherwise comply with any Instructions in the email. Customer agrees that the Bank is not responsible for any losses, injuries, or harm incurred by a Customer as a result of any electronic, email, or Internet fraud.