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individual purporting to have signed such notice or other writing. Bank may also accept verbal instructions from persons identifying themselves as an Authorized Representative, and Bank's only obligation to verify the identity of such person as an Authorized Representative shall be to call back such person at a telephone number(s) provided to Bank by Customer. Bank may, but shall have no obligation to, call back an Authorized Representative other than the Authorized Representative from whom Bank Purportedly received an instruction. Bank may, but shall have no obligation to, request additional confirmation, written or verbal, of an instruction received via telephone at any time or for any reason whatsoever prior to executing the instruction. Bank may also in its discretion require the use of security codes for Authorized Representatives and /or for receiving instructions or items from Customer. Customer understands and agrees. and Customer shall advise each Authorized Representative that. Bank may, at Banks option. record telephone conversations regarding instructions received from an Authorized Representative. 9.4 Any security procedures maintained by Bank arc not intended to detect errors in the content of-an instruction received from Customer or Customer's agent or vendor. Any errors in an instruction from Customer. Customer's Authorized Representative. agent or vendor shall be Customer's sole responsibility. Customer agrees that all security procedures described in this Agreement and applicable Appendix are commercially reasonable and that Bank may charge Customer's Account for any instruction that Bank executed in good faith and in conformity with the security procedures, whether or not the transfer is in fact authorized. 9.5 Customer agrees to adopt and implement commercially reasonable policies, procedures and systems to provide security to information being transmitted and to receive. store. transmit and destroy data or information in a secure manner to prevent loss, theft or unauthorized access to data or information ("Data Breaches "). Customer also agrees that it will promptly investigate any suspected Data Breaches and monitor its systems regularly for unauthorized intrusions. Customer will provide timely and accurate notification to Bank of any Data Breaches when known or reasonably suspected by Customer and will take all reasonable measures, including. without limitation, retaining competent forensic experts. to determine the scope of and data or transactions affected by any Data Breaches. and immediately providing all such information to Bank. 9.6 BANK'S SECURITY PROCEDURES ARE STRICTLY CONFIDENTIAL AND SHOULD BE DISCLOSED ONLY TO THOSE INDIVIDUALS WHO ARE REQUIRED TO KNOW THEM. II' A SECURITY PROCEDURE INVOLVES THE USE OF ACCESS DEVICES, TIIE CUSTOMER SITALL BE RESPONSIBLE TO SAFEGUARD T HEISE ACCESS DEVICES AND MAKE THEM AVAILABLE ONLY TO DF,SIGNATED INDIVIDUALS. CUSTOMER HAS THE SOLE RESPONSIBILITY TO INSTRUCT THOSE INDIVIDUALS THAT THEY MUST NOT DISCLOSE OR OTI11-RWISL MAKE AVAILABLE TO UNAU fI IORIZED PERSONS IT I SECURITY PROCEDURE OR ACCESS DEVICES TO ANYONE. CUSTOMER HAS TILE SOLE RESPONSIBILITY TO FSTABLISII AND MAINTAIN PROCEDURES TO ASSURE '['HE CONFIDENTIALITY OF ANY PROTECTED ACCESS TO TLIE SECURITY PROC'I:DURE. 10. Fraud Detection / Deterrence; Positive Pay. Bank offers certain products and services such as Positive Pay (with or without payee validation). ACI I positive Pay. and Account blocks and filters that are designed to detect and /or deter check, automated clearing house ("ACI I ") or other payment system fraud. While no product or service will be completely effective. Bank believes that the products and services it offers will reduce the likelihood that certain types of fraudulent items or transactions will be paid against Customer's Account. Failure to use such products or services could substantially increase the likelihood of fraud. Customer agrees that if, after being informed by Bank or after Bank otherwise makes information about such products or services available to Customer consistent with Section 27 of this Agreement, Customer declines or fails to implement and use any of these products or services, or fails to follow these and other precautions reasonable for Customer's particular circumstances, Customer will be precluded from asserting any claims against Bank for paying any unauthorized, altered, counterfeit or other fraudulent item that such product, service, or precaution was designed to detect or deter, and Bank will not be required to re- credit Customer's Account or otherwise have any liability for paying such items. 11. Duty to Inspect. Customer is responsible for monitoring all Services provided by Bank, including each individual transaction processed by Bank, and notifying Bank of any errors or other problems within ten (10) Calendar Days (or such longer period as may be required by applicable law) after Bank has made available to Customer any report, statement or other material containing or reflecting the error, including an Account analysis statement or on -line Account access. Except to the extent required by law, failure to notify Bank of an error or problem within such time will relieve Bank of any and all liability for interest upon correction of the error or problem (and for any loss from any subsequent transaction involving the same error or problem). In the event Customer fails to report such error or problem within thirty (30) Calendar Days after Bank made available such report. statement or on -line Account access, the transaction shall be deemed to have been properly authorized and executed. and Bank shall have no liability with respect to any error or problem. Customer agrees that its sole remedy in the event of an error in implementing any selection with the Services shall be to have Bank correct the error within a reasonable period of time after discovering or receiving notice of the error from Customer. (11'191369 %J1 6 of 6,' n /13