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Reso 2009-1489
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Reso 2009-1489
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Last modified
7/1/2010 9:43:08 AM
Creation date
10/26/2009 3:45:30 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1489
Date (mm/dd/yyyy)
10/15/2009
Description
Agmts w/Bank of America for Government Banking Srvs
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<br />EFFECTIVENESS OF FX TRANSACTIONS <br />You deliver FX Requests to us through the Service and we send you a quotation that you can <br />accept electronically. You must follow all system instl1lctions, procedures and warnings <br />delivered to you on the website provided for the Service. Once we receive your acceptance of <br />our quote, we send you our deal acknowledgment in accordance with the applicable User <br />Documentation, and the FX Transaction will be binding and effective. The FX Transaction is <br />not completed until we send this acknowledgment. You are responsible for contacting us <br />outside the Service if you have not received our electronic acknowledgment within the time <br />specified in the applicable User Documentation (or in the absence of such specification <br />within a reasonable time). We will book FX Transactions at our New York office. <br />Notwithstanding anything to the contrary in this Booklet, we reserve the right to withdraw the <br />Service or terminate your access to the Service at any time without notice. <br /> <br />ACCOUNT DEBITS <br />You must have Collected and Available Funds in your account which, when added to funds <br />which may be made available under a line of credit, are sufficient to cover your FX Requests. <br />You may initiate an FX Request only if the offsetting debit to your account, including the <br />available line of credit., will not cause you to exceed the account balance according to your <br />records. If your records and ours disagree regarding the account balance, our records will <br />control for purposes of our processing the FX Request. <br /> <br />Unless you have available funds under a line of credit with us, you are obligated to pay us the <br />amount of any FX Request once we receive your FX Request. We will debit the account you <br />specify for the amount of your payment before we process your FX Request. If, for any <br />Business Day, we receive more than one FX Request and/or other items payable from <br />your account., we may debit your account for such FX Requests and items in any sequence we <br />determine in our sole discretion. <br /> <br />If you have available funds under a line of credit with us, we will debit your specified account <br />for the amount of your payment on the settlement date of the FX Transaction. Prior to the <br />settlement date, you can request a change to the specified settlement account for the <br />FX Transaction by using the website for the Service. We will not be obligated to implement <br />such a change, and the change will not be effective until we have had a reasonable <br />opportunity to review and act upon your request. <br /> <br />REJECTION OF FX REQUESTS <br />We may reject any FX Request which does not comply with the requirements of this <br />Booklet or the applicable User Documentation, including any processing limits described in <br />such User Documentation, or which we have been unable to verify through use of the Security <br />Procedure. We also may reject any FX Request which exceeds the Collected and Available <br />Funds (including funds made available under a line of credit) on deposit with us in the <br />applicable account. Notice of rejection is given to you by telephone, by electronic means, by <br />facsimile or, in event such notice cannot be given by any of those means, by mail. Notices of <br />rejection will be effective when given. <br /> <br />AD-AG-0455B (2004-2) <br /> <br />29 <br />
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