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(a) should have shown the check on an <br />Exception Check Report but failed to do so: or <br />(b) showed the check on an Exception Check <br />Report but referenced the wrong check number. unless <br />Bank provided Customer with timely information that <br />disclosed the error. <br />3.6 Assignment. To the extent that <br />Customer suffers a loss under this Appendix. Bank assigns <br />to Customer any claim that Bank would have against a <br />depositary or collecting bank to recover the loss. including <br />any claim of breach of warranty under U.C.C. Sections 4- <br />207. 4 -208. and 4 -209. <br />4. Governing Law. Except where expressly <br />required by contrary provisions of the U.C.C.. any claim. <br />controversy or dispute arising under or related to this <br />Appendix shall be governed by and interpreted in <br />accordance with the governing law provision of the parties' <br />Cash Management Master Agreement. <br />5. 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 to or remedies available from <br />Bank. This 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 parties' Cash Management Master <br />Agreement or the Contract is terminated. In the event of <br />termination. all sums owed to Bank hereunder shall be <br />immediatelY due and payable. <br />Remainder of page intentionally left blank. <br />,'W/9137SO. 3; 36 ,f62 06 /I <br />