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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 />Notification of Open Acrount T.ransactions. With respect to open account notification letters, we <br />will notify you electronically of (i) Oul' receipt of such notices naming you as vendor and (ii) <br />any payments made pursuant to drawings under such open account transactions. We will <br />notify your vendors by Trade Direct., fax, courier or mail as instructed by you. <br /> <br />STANDBY AND IMPORT LE'ITERS OF CREDIT <br /> <br />Our Electronic Trade Letters of Credit SelVice allows you to request us, by electronic or fax <br />transmission, to issue an import or standby letter of credit or a guarantee. Each letter of <br />credit or guarantee which we agree to issue will be for your account or the account of another <br />entity you designate. Each commercial letter of credit we issue will be subject to the UCP <br />and, when applicable, the eUCP, and each standby letter of credit we issue will be subject to <br />the ISP98. As a condition to our agreement to issue a letter of credit or guarantee, we may <br />require you at any time to make with us a cash deposit., which may not accl1le interest or <br />earnings credit., and to grant us a security interest in the underlying goods and documents <br />of title and/or any other property or accounts as we reasonably determine as security for <br />your obligations to us. A letter of credit may be issued by any of our authorized offices <br />within or outside the United States of America. A guarantee may be issued by any of our <br />authorized offices outside the United States of America. <br /> <br />YOUR RESPONSIBILITIES <br /> <br />You represent and warrant to us as of the date of issuance of each import letter of credit and <br />each drawing that: <br /> <br />. You or the importer has obtained all import and export licenses, registrations, filings <br />and approvals required by any governmental authority for the goods and documents <br />described in the letter of credit. <br /> <br />. The transactions underlying the letter of credit are not prohibited under the foreign <br />asset control or other regulations of the United States of America or the applicable <br />laws of any other jurisdiction. <br /> <br />You will obtain, or cause to be obtained, insurance covering fire and other usual risks on all <br />goods described in each import letter of credit issued by us. <br /> <br />You will reimburse us upon demand all monies paid by us under or in respect of each such <br />letter of credit or guarantee, including payments on any draft, acceptance, order, instl1lment <br />or demand drawn or presented under the letter of credit or guarantee. You will pay us on <br />demand interest on all amounts paid by us or any other drawee under each letter of <br />credit or guarantee from the date of such payment until we receive reimbursement at a rate <br />per annum specified in the applicable User Documentation. You will reimburse us in the <br />currency in which the letter of credit or guarantee is denominated (or, at our option, the <br />equivalent of the denominated currency amount in U.s. Dollars or the currency of the country <br />in which the letter of credit or guarantee was issued at the rate of exchange quoted by us in <br />the city in which the letter of credit or guarantee was issued for the sale of the denominated <br />currency against U.S. Dollars or such other currency on the date on which the denominated <br />currency amount is paid by us). Regardless of the expiration of the letter of credit or <br />guarantee, you will remain liable for all such amounts until we are released from liability to <br />all persons entitled to draw or demand payment under the letter of credit or guarantee. <br /> <br />AD-AG-0455B (2004-2) <br /> <br />48 <br />
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