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Reso 2014-2242
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Reso 2014-2242
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Last modified
1/8/2015 2:50:14 PM
Creation date
7/7/2014 2:49:14 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2242
Date (mm/dd/yyyy)
06/19/2014
Description
Awd Bid 14-04-02 & Nego. Agmt w/TD Bank, for Banking Srvs
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9.2.3 Alerts are not encrypted and <br />will never include Customer's Access Devices or full <br />Account number(s). Ilowever, alerts may include <br />Customer's name and some information about Customer's <br />Accounts, depending upon which alert(s) Customer selects. <br />Anyone with access to Customer's ernail address will be <br />able to view the contents of these alerts. <br />9.2.4 Customer may, at its option, <br />customize the subject line of Customer's alerts for easier <br />identification by Customer. Customer acknowledges and <br />agrees that Customer should not include full Account <br />number(s) or other sensitive Customer or Account <br />information in any customized subject line. <br />10. Use of Financial Management (FM) Software. <br />Use of the Services may be supplemented by use of certain <br />FM software. Compatibility and functionality of the FM <br />software with the Services may vary depending upon the <br />FM software Customer is using. and Bank makes no <br />representations or guarantees regarding use of the Services <br />with Customer's FM software. Bank will provide Customer <br />with reasonable assistance, when requested, to enable <br />Customer's use of the Services with FM software. Bank is <br />not responsible for any problems related to the FM <br />software itself Customer's Computer or Customer's ability <br />to connect using the FM software as described in this <br />Appendix. Customer acknowledges and agrees that the FM <br />software versions supported by Bank for purposes of use <br />with the Services shall be in accordance with the sunset <br />policy of the FM software provider. <br />1 L Security. Customer agrees not to disclose any <br />proprietary information regarding the Services to any third <br />party (except to Customer's Administrator(s) and <br />Authorized User(s)). Customer also agrees to comply with <br />any operating. security and recognition procedures Bank <br />may establish from time to time with respect to the <br />Services. Customer will be denied access to the Services if <br />Customer fails to comply with any of these procedures. <br />Customer acknowledges that there can be no guarantee of <br />secure transmissions over the Internet and that the Services' <br />security procedures are reasonable. Customer is responsible <br />for reviewing the transaction reports Bank provides on -line <br />and in Customer's monthly statements to detect <br />unauthorized or suspicious transactions. In addition to any <br />other provision hereof regarding authorization of <br />transactions using the Services. all transactions will be <br />deemed to be authorized by Customer and to be correctly <br />executed thirty (30) Calendar Days after Bank first <br />provides Customer with a statement or online transaction <br />report showing that transaction, unless Customer has <br />provided written notice that the transaction was <br />unauthorized or erroneously executed within that period. In <br />order to minimize risk of loss. Customer agrees to cause its <br />Administrator or designated Authorized User(s) to review <br />the transaction audit log available with the Services to <br />detect unauthorized or erroneous transactions not less <br />frequently than once every five (5) Calendar Days. <br />12. Terminating this Appendix; Liability. <br />12.1 This Appendix may be terminated in <br />accordance with the terms and conditions of the Cash <br />Management Master Agreement. <br />12.2 The provisions of this Appendix <br />relating to Customer's and Bank's liability and the <br />disclaimer of warranties set forth in the Cash Management <br />Master Agreement and incorporated herein by reference <br />shall survive the termination of this Appendix. <br />13. Changes to the Services and this Appendix. <br />Bank may change the Services and this Appendix <br />(including any amendments hereto) in accordance with the <br />terms and conditions of the Cash Management Master <br />Agreement. <br />14. Notices. Notices required by this Appendix <br />shall be provided in accordance with the terms and <br />conditions of the Cash Management Master Agreement. <br />15. Effectiveness. Customer agrees to all the terms <br />and conditions of this Appendix. The liability of Bank <br />under this Appendix shall in all cases be subject to the <br />provisions of the Contract. including. without limitation, <br />any provisions thereof that exclude or limit warranties <br />made by, damages payable by or remedies available from <br />Bank. Hiis Appendix replaces and supersedes all prior <br />agreements on file with respect to the Services and shall <br />remain in full force and effect until termination or such <br />time as a different or amended Appendix is accepted in <br />writing by Bank or the Contract or Cash Management <br />Master Agreement is terminated. <br />Remainder of page intentionally left blank. <br />1 W2099 71 /.6; 11),#62 112011 <br />
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