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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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Business Day if that day is also a Business Day for Bank's <br />correspondent facility and the recipient bank. l"uture -dated <br />domestic wire transfers will be initiated on the effective <br />date requested by Customer, not on the date Customer <br />entered the transaction using the Services. <br />3.3 Bank may handle wire transfers <br />received from Customer in any order convenient to Bank. <br />regardless of the order in which they are received. <br />4. International Wires. <br />4.1 International wire transfers (non -U.S. <br />receivers) of foreign currency initiated and approved by <br />Bank's cut -off time for international wire transfers of <br />foreign currency on it Business Day. and an international <br />wire transfer of U.S. currency initiated and approved by <br />Bank's cut -off time fir international wire transfers of U.S. <br />currency on a Business Day will be processed within the <br />industry standard delivery time (in most. but not all cases. <br />two (2) Business Days). Foreign wire transfers may be <br />subject to delays based on time -zone issues: the remote <br />location of the recipient bank-. cultural differences with <br />respect to holidays and times of observation, etc.: and <br />incorrect or incomplete information being supplied by <br />Customer. <br />4.2 Bank shall send Customer's authorized <br />and authenticated wire transfers to foreign banks through <br />any bank which is a member of Bank's correspondent <br />network. Neither Bank nor any of Bank's correspondents <br />shall be liable for any errors. delays or deftults in the <br />transfer of any messages in connection with such a foreign <br />wire transfer by any means of transmission. If the wire <br />transfer is of currency other than that of the country to <br />which it is being transferred. it shall be payable in the <br />currency of the country of the recipient financial institution. <br />unless the payee arranges otherwise. If the wire transfer is <br />received by Bank prior to any cut -off time established from <br />time to time. the currency exchange shall be made at the <br />rate quoted by Bank at the time of the wire transfer. <br />4.3 Bank makes no guarantee or <br />representation as to the availability of funds at the foreign <br />destination. Bank makes no express or implied warranty as <br />to the time or date the wire transfer will arrive at the <br />receiving bank. the amount of any fees to be charged by the <br />receiving bank or the time or date the beneficiary will <br />receive credit for funds. <br />4.4 Customer understands and <br />acknowledges that ifthe named beneficiary does not match <br />the account at the receiving bank, there is it risk the <br />beneficiary may not receive the wired funds. If the transfer <br />is not received or credited in a timely manner. Bank will <br />follow normal and customary procedures to complete the <br />wire transfer. determine the location of the wired funds <br />and /or return the funds to Customer. If Bank is unable to <br />determine that the funds have been credited to the <br />beneficiary's account or have the funds returned, Customer <br />assumes all financial liability or risk of loss for the amount <br />of the wire transfer. <br />4.5 International xvire transfers arc subject <br />to any and all applicable regulations and restrictions of U.S. <br />and foreign governments relating to foreign exchange <br />transactions. Bank has no obligation to accept any <br />international wire tansfcr(s) directed to or through persons, <br />entities or countries restricted by government regulation or <br />prior Bank experience with particular countries. Subject to <br />the provisions of Section 768.28 of the Florida Statutes. as <br />applicable and as the same may be amended from time to <br />time. and to the extent not otherwise prohibited by law. in <br />connection with any international wire transfer(s) involving <br />a transfer to or from anv country outside of the U.S., <br />Customer agrees to release and hold Bank harmless from <br />any loss or liability which Customer may incur after Bank <br />has executed the international wire transfer(s). including <br />without limitation, any loss due to failure of a foreign bank <br />or intermediary to deliver the funds to a beneficiary. <br />5. Cancellation and Amendment of a Wire. An <br />Authorized Representative may request that Bank attempt <br />to cancel or amend a wire transfer previously received from <br />Customer. If it cancellation or amendment request is <br />received by Bank before the wire transfer is executed and <br />with sufficient time to afford Bank an opportunity to act <br />upon C'ustomer's request. Bank may. on its own initiative <br />but without obligation, make a good faith effort to act upon <br />such request. In the event Customer's cancellation or <br />amendment request is received after execution of <br />Customers wire transfer request. Bank will attempt to have <br />the wire transfer returned. Notwithstanding the foregoing. <br />Bank shall have no liabilitv for the failure to effect a <br />cancellation or amendment. and Bank makes no <br />representation or warranty regarding Bank's ability to <br />amend or cancel a wire transfer. Customer agrees to <br />indemnity Bank against any loss, liability or expense which <br />Bank incurs as a result of the request to cancel or amend a <br />wire transfer and the actions Bank takes pursuant to such <br />request. <br />6. Notice of Rejection or Return. Bank shall have <br />no liability for wire transfers sent by Bank as directed by <br />Customer which cannot be completed or which arc returned <br />due to incorrect information furnished by Customer. <br />Customer is required to fully complete beneficiary name. <br />and address. as beneficiary bank may elect to return an <br />otherwise valid wire transfer for incomplete beneficiary <br />information. Bank may reject or impose conditions that <br />must be satisfied before it will accept Customer's <br />instructions for any wire transfer, in its sole discretion. <br />including without limitation Customer's violation of this <br />Appendix. Customer's failure to maintain a sufficient <br />Account balance. or Bank's belief that the wire transfer <br />may not have in fact been authorized. A wire transfer may <br />also be rejected by an intermediary or beneficiary bank <br />other than Bank. or by operation of law. If a wire transfer is <br />rejected by Bank. Bank will notify Customer by telephone. <br />by electronic means, by facsimile or by mail. depending on <br />the method of origination. Upon reicction or return. Bank <br />shall have no further obligation to act upon a wire transfer. <br />nor shall Bank have any liability to Customer due to <br />rejection by another person in the wire transfer process. or <br />the fact that notice was not given or was not given at an <br />earlier time. or within any specified time of receipt. <br />acceptance. execution or payment of any wire transfer. <br />7. Security Procedure. <br />{71 4S- 5 <- ONO2 -23 ?l 30 ,/ 62 0614 <br />
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