Common use of SERVICE ACCOUNTS Clause in Contracts

SERVICE ACCOUNTS. 3.1 We provide one or more of the Services in connection with certain deposit accounts you maintain with us (“Service Account(s)” or “Account(s)”). Service Accounts are subject to our approval. We will advise you of any restrictions or limitations that apply to Service Accounts. You will comply with such restrictions or limitations and will not use or attempt to use any account with a Service that we have not expressly approved as a Service Account for that Service. 3.2 Your enrollment in and/or use of a Service constitutes your authorization of us and our agents to take any and all actions with respect to your Service Accounts as reasonably necessary for our performance of the Services, including, without limitation, the authority to credit, debit and transfer funds in your Service Accounts, and to process and generally act on your behalf in performing Service-related transactions involving your Service Accounts. 3.3 Your Service Accounts, including Service-related transactions in your Accounts, are governed by and subject to the First Citizens Bank Deposit Account Agreement, as amended from time to time (“Deposit Account Agreement”). The Deposit Account Agreement is incorporated herein by reference. In the event of a conflict between the TMS Agreement and the Deposit Account Agreement, the TMS Agreement will control but only as to the particular Service, Service Account or Service feature involved and only to the extent of the conflict, provided, however, that nothing contained in the TMS Agreement shall be interpreted to limit our rights and remedies under the Deposit Account Agreement with respect to your Service Accounts. You remain obligated to pay all fees and charges required under the Deposit Account Agreement with respect to your Service Accounts, including fees and charges arising from Service-related transactions in your Accounts. 3.4 We will process and post Service transactions in your Service Accounts as described in the applicable Service Agreements or User Guides. In the absence of specific provisions in the Service Agreements or User Guides, we will process and post Service transactions in your Service Account in accordance with our normal deposit account processing and posting procedures and times. Funds credited to your Service Account as a result of a Service transaction will be available for your use in accordance with our Funds Availability Policy as set forth in the Deposit Account Agreement, as amended from time to time. Debits, credits and other activity in your Service Account will be reflected in the regular deposit account statement you receive for the Service Account, and, if you are enrolled in Commercial Advantage, will also be available to you online. 3.5 You will maintain sufficient available funds in your Service Account to cover debits, withdrawals or transfers of funds from the Account at the time such debits, withdrawals or transfers are reasonably anticipated to occur under the applicable Service. We may at any time and without prior notice to you refuse, delay, or suspend performance of all or a portion of the Services if the applicable Service Account does not contain sufficient funds. 3.6 For certain Services, you may request that we include deposit accounts titled in the name of your affiliated entities (“Affiliate”) as Service Accounts. We may agree to do so or not within our sole discretion and subject to our conditions. At our request, you must provide us with (i) written authorization from an Affiliate that to our satisfaction authorizes us to include the Affiliate’s accounts as Service Accounts and to act solely on your instructions with respect to such accounts, and (ii) such other Affiliate information or authorizations as we may reasonably request. You represent and warrant to us that all Affiliate information you provide is current and accurate and that all Affiliate authorizations are genuine and are the official and legally binding acts of the Affiliate. You will notify us immediately of any changes to Affiliate information or authorizations you have provided us. You and your Affiliates shall be bound by the terms of the TMS Agreement, and you agree to defend, indemnify and hold us harmless from any claim of any nature whatsoever by an Affiliate or any other third party arising out of your instructions and/or our performance of the Services in connection with the Affiliate’s accounts.

SERVICE ACCOUNTS. 3.1 We provide one or more of the Services Service in connection with certain deposit accounts you maintain with us (“"Service Account(s)” " or “"Account(s)”"). Service Accounts are subject to our approval. We will advise you of any restrictions or limitations that apply to Service Accounts. You will comply with such restrictions or limitations and will not use or attempt to use any account with a Service that we have not expressly approved as a Service Account for that Service.with 3.2 Your acceptance of this Online ACH Agreement by clicking “I Accept” and your enrollment in and/or use of a the Service constitutes your authorization of us and our agents to take any and all actions with respect to your Service Accounts as reasonably necessary for our performance of the ServicesService, including, without limitation, the authority to credit, debit and transfer funds in your Service Accounts, and to process and generally act on your behalf in performing Service-related transactions involving your Service Accounts. 3.3 Your Service Accounts, including Service-related transactions in your Accounts, are governed by and subject to the First Citizens Bank Deposit Account Agreement, as amended from time to time (“"Deposit Account Agreement”"). The Deposit Account Agreement is incorporated herein by reference. In the event of a conflict between the TMS this Agreement and the Deposit Account Agreement, the TMS this Agreement will control but only as to the particular Service, Service Account or Service feature involved and only to the extent of the conflict, provided, however, that nothing contained in the TMS this Agreement shall be interpreted to limit our rights and remedies under the Deposit Account Agreement with respect to your Service Accounts. You remain obligated to pay all fees and charges required under the Deposit Account Agreement with respect to your Service Accounts, including fees and charges arising from Service-related transactions in your Accounts. 3.4 We will process and post Service transactions in your Service Accounts as described in the applicable Service Agreements Terms or User Guides. In the absence of specific provisions in the Service Agreements Schedule or User Guides, we will process and post Service transactions in your Service Account in accordance with our normal deposit account processing and posting procedures and times. Funds credited to your Service Account as a result of a Service transaction transactions will be available for your use in accordance with our Funds Availability Policy as set forth in the Deposit Account Agreement, as amended from time to time. Debits, credits and other activity in your Service Account will be reflected in the regular deposit account statement you receive for the Service Account, and, if you and are enrolled in Commercial Advantage, will also be available to you onlineonline using Commercial Advantage. 3.5 You will maintain sufficient available funds in your Service Account to cover debits, withdrawals or transfers of funds from the Account at the time such debits, withdrawals or transfers are reasonably anticipated to occur under the applicable Service. We may at any time and without prior notice to you refuse, delay, delay or suspend performance of all or a portion of the Services Service if the applicable Service Account does not contain sufficient funds. 3.6 For certain Services, you You may request that we include deposit accounts titled in the name of your affiliated entities (“"Affiliate”") as Service Accounts. We may agree to do so or not within our sole discretion and subject to our conditions. At our request, you must provide us with (i) written authorization from an Affiliate that to our satisfaction authorizes us to include the Affiliate’s 's accounts as Service Accounts and to act solely on your instructions with respect to such accounts, and (ii) such other Affiliate information or authorizations as we may reasonably request. You represent and warrant to us that all Affiliate information you provide is current and accurate and that all Affiliate authorizations are genuine and are the official and legally binding acts of the Affiliate. You will notify us immediately of any changes to Affiliate information or authorizations you have provided us. You and your Affiliates shall be bound by the terms of the TMS this Agreement, and you agree to defend, indemnify and hold us harmless from any claim of any nature whatsoever by an Affiliate or any other third party arising out of your instructions and/or our performance of the Services Service in connection with the Affiliate’s 's accounts.

SERVICE ACCOUNTS. 3.1 We provide one or more of the Services Service in connection with certain deposit accounts you maintain with us (“"Service Account(s)” " or “"Account(s)”"). Service Accounts are subject to our approval. We will advise you of any restrictions or limitations that apply to Service Accounts. You will comply with such restrictions or limitations and will not use or attempt to use any account with a Service that we have not expressly approved as a Service Account for that Service.with 3.2 Your acceptance of this Online ACH Agreement by clicking “I Accept” and your enrollment in and/or use of a the Service constitutes your authorization of us and our agents to take any and all actions with respect to your Service Accounts as reasonably necessary for our performance of the ServicesService, including, without limitation, the authority to credit, debit and transfer funds in your Service Accounts, and to process and generally act on your behalf in performing Service-related transactions involving your Service Accounts. 3.3 Your Service Accounts, including Service-related transactions in your Accounts, are governed by and subject to the First Citizens Bank Deposit Account Agreement, as amended from time to time (“"Deposit Account Agreement”"). The Deposit Account Agreement is incorporated herein by reference. In the event of a conflict between the TMS this Agreement and the Deposit Account Agreement, the TMS this Agreement will control but only as to the particular Service, Service Account or Service feature involved and only to the extent of the conflict, provided, however, that nothing contained in the TMS this Agreement shall be interpreted to limit our rights and remedies under the Deposit Account Agreement with respect to your Service Accounts. You remain obligated to pay all fees and charges required under the Deposit Account Agreement with respect to your Service Accounts, including fees and charges arising from Service-related transactions in your Accounts. 3.4 We will process and post Service transactions in your Service Accounts as described in the applicable Service Agreements Terms or User Guides. In the absence of specific provisions in the Service Agreements Schedule or User Guides, we will process and post Service transactions in your Service Account in accordance with our normal deposit account processing and posting procedures and times. Funds credited to your Service Account as a result of a Service transaction transactions will be available for your use in accordance with our Funds Availability Policy as set forth in the Deposit Account Agreement, as amended from time to time. Debits, credits and other activity in your Service Account will be reflected in the regular deposit account statement you receive for the Service Account, and, if you and are enrolled in Commercial Advantage, will also be available to you onlineonline using BOB Advantage. 3.5 You will maintain sufficient available funds in your Service Account to cover debits, withdrawals or transfers of funds from the Account at the time such debits, withdrawals or transfers are reasonably anticipated to occur under the applicable Service. We may at any time and without prior notice to you refuse, delay, delay or suspend performance of all or a portion of the Services Service if the applicable Service Account does not contain sufficient funds. 3.6 For certain Services, you You may request that we include deposit accounts titled in the name of your affiliated entities (“"Affiliate”") as Service Accounts. We may agree to do so or not within our sole discretion and subject to our conditions. At our request, you must provide us with (i) written authorization from an Affiliate that to our satisfaction authorizes us to include the Affiliate’s 's accounts as Service Accounts and to act solely on your instructions with respect to such accounts, and (ii) such other Affiliate information or authorizations as we may reasonably request. You represent and warrant to us that all Affiliate information you provide is current and accurate and that all Affiliate authorizations are genuine and are the official and legally binding acts of the Affiliate. You will notify us immediately of any changes to Affiliate information or authorizations you have provided us. You and your Affiliates shall be bound by the terms of the TMS this Agreement, and you agree to defend, indemnify and hold us harmless from any claim of any nature whatsoever by an Affiliate or any other third party arising out of your instructions and/or our performance of the Services Service in connection with the Affiliate’s 's accounts.