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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 />FACSIMILE SIGNATURES <br /> <br />In some countries, businesses use a variety of techniques to produce a facsimile <br />signature manually or by means of a device or machine (each generally called a facsimile <br />signature) as a convenient method for signing checks, documents and other items. If you <br />choose to use a facsimile signature, you must provide us with a specimen of each <br />facsimile signature. <br /> <br />You are responsible for any withdrawal from your deposit account that bears or <br />reasonably appears to us to bear YOUI' facsimile signature, regardless of by whom or by what <br />means the signature was placed on the check. If you choose to use a facsimile signature, you <br />are responsible even if you have not presented us with a specimen facsimile signature, or if <br />the size, color or style of the check, or the size, color or style of the facsimile signature is <br />different from that of the check or facsimile signature you use. We may pay the withdrawal <br />and debit your account for it. <br /> <br />You agree to compensate us for all losses, claims, damages or expenses, including Legal <br />Expenses, that result from our payment of a withdrawal beating a facsimile that reasonably <br />resembles your facsimile signature. <br /> <br />You are responsible for taking security measures and implementing procedures to prevent <br />the forgery, theft or fraudulent or unauthorized use of your facsimile signature. <br /> <br />GENERAL MATI'ERS <br /> <br />AGREEMENT <br /> <br />Except with respect to a click-wrap online privacy policy to which you agree when you use <br />a Service through Bank of America Direct~, this Booklet constitutes and represents the <br />entire agreement between you and us regarding the Services we provide you anywhere in <br />the world and supersedes and extinguishes all prior agreements, understandings, <br />representations, warranties and arrangements of any nature (including requests for <br />proposals and other sales matelial), whether oral or written, between you and us relating <br />to any such Selvice (including any International Treasury Selvices Terms and Conditions <br />booklet, but excluding the current Account Agreement). This Booklet will be controlling in <br />the event of any conflict between it and any relevant User Documentation, any other <br />document or written or oral statement (including but not limited to any Account <br />Agreement, except as applicable law requires otherwise), but excluding the click-wrap <br />online privacy policy noted above. Current User Documentation is available upon request. <br /> <br />This Booklet is binding upon each of your and our respective successors and permitted <br />assigns. You may with our prior written consent, assign any of your tights or duties described <br />in this Booklet. This Booklet is not for the benefit of any other person, and no other person <br />has any right under this Booklet against you or us, and nothing contained in this Booklet <br />creates any agency, fiduciary, joint venture or partnership relationship between you and us. <br /> <br />NOTICE OF FINAL AGREEMENT. THIS WRITTEN AGREEMENT REPRESENTS THE <br />FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED <br />BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL <br />AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRrrrEN ORAL <br />AGREEMENTS BETWEEN THE PARTIES. <br /> <br />AD-AG-0455B (2004-2) <br /> <br />56 <br />
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