Reso 2009-1489 - Laserfiche WebLink

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You must provide us the original advised Standby Letter of Credit and any existing amendments. You understand that we may, at our sole discretion, refuse to approve any full or partial transfer to a second beneficiary. You acknowledge that due to conditions of the original Advised Standby Letter of Credit., certain proprietary information may be disclosed to the second beneficiary and/or to the applicant under the original Advised Standby Letter of Credit. We will have no liability to you in the event of such disclosure and, in such event., you will indemnify and hold us harmless from all claims of third parties. You acknowledge that your rights as beneficiary in the Oliginal Advised Standby Letter of Credit are irrevocably transferred to the second beneficiary(ies) who shall have sole rights. In that connection, your approval is not required for us to honor a discrepant presentation made by the second beneficialY. For our transfer fee, we may debit your account(s) with us, which you may designate subject to our reasonable approval. You also agree to pay us on demand any expenses which may be incurred by us in connection with this transfer. COLLECTIONS Our Electronic Trade Collections Service allows you to initiate a collection (as that term is defined in the Uniform Rules for Collections) by deliveling an instl1lction to a collecting bank. The instl1lction will be on a form prescribed by us, but we will not have any responsibility 01' liability for the terms and conditions of any instruction; you accept all such responsibility and liability. Each collection will be governed by the UnifOlm Rules for Collections. You will promptly transmit to us a copy of the completed collection form and, upon our request., will provide to us copies of the underlying documentation. You represent and warrant to us as of the date you transmit the instruction fOlm to us that the collection is not prohibited under the foreign asset control or other regulations of the United States of America or the applicable laws of any other jurisdictions. Upon our receipt of any payment of a collection, the amounts received (less related charges, disbursements and/or expenses) will be paid to you, except that if we are required to return any such payment received upon the insolvency, bankruptcy or reorganization of the presenting bank or collecting bank or other third party or for any other reason, you will repay to us the amount paid by you together with interest thereon from the date we returned the payment and so notified you at the rate specified by us in our schedule of charges. Unpaid items and related documents received by us may be returned to you by regular mail at the address specified in the Authorization and Agreement Certification form which accompanied this Booklet or such other address as may be notified by you in writing. EXPORT LE'ITERS OF CREDIT Our Export Electronic Trade Letters of Credit Service allows you to prepare export documents using electronic data captured through our electronic advise process and AD-AG-0455B (2004-2) 44