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<br />If you permit any Subsidiary or other person to access one of our Service installations on <br />your premises through use of a remote access software package, we will not be <br />responsible or liable for such Subsidiary or person's use or misuse of our Services or <br />access to accounts owned by you and for which you did not authorize that Subsidiary or <br />person to have access via your installation. We may and will treat all instructions and <br />information received by us through this an'angement as provided by and for the benefit of <br />you and subject to all our rights under this Booklet with respect to the peltinent Services. <br /> <br />We will not be liable for and will be excused from any failure or delay in perfonning our <br />obligations for any Service if such failure or delay is caused by circumstances beyond our <br />control, including any natural disaster (such as earthquakes or floods), emergency <br />conditions (such as war, riot, fire, theft or labor dispute), legal constraint or governmental <br />action or inaction, breakdown or failure of equipment, breakdown of any Supplier, or your <br />act, omission, negligence or fault. <br /> <br />We also will not be liable for any failure to act on our part if we reasonably believed that <br />our action would have violated any law, l1lle or regulation. <br /> <br />OVERDRAFI'S <br /> <br />With respect to a Service, we may, at our sole discretion, allow an overdraft to occur in <br />your account. Except as we agree or advise you otherwise in writing, you must repay us <br />immediately, without demand, the amount of such overdraft plus any overdraft charges. In <br />such cases, the fact that we previously allowed an overdraft to occur does not obligate us <br />to do so in the future. Additional terms and conditions contained in your Account <br />Agreement may apply. <br /> <br />PAYMENT FOR SERVICES <br /> <br />You must maintain and designate account(s) with us which we will use for debiting or <br />crediting with respect to all payments and deposits and related adjustments and charges. <br />Except as otherwise provided, you must have Collected and Available Funds on deposit in <br />your account(s) sufficient to cover such obligations. For purposes of satisfying your <br />payment obligations, we may consider any overdraft line of credit or other arrangement <br />you have with us. <br /> <br />SERVICE CHARGES <br />You will pay us for each Service you use according to our schedule of charges currently in <br />effect for you, except as we agree otherwise (in writing) from time to time. At your request., <br />we will provide you a copy of the current schedule of charges for the applicable Service. All <br />charges are subject to change upon 30 days prior written notice to you (unless otherwise <br />agreed in writing), except that any increase in charges to offset any increase in fees <br />charged to us by any Supplier for services used in delivering any Service may become <br />effective in less than 30 days. <br /> <br />You will pay us for Software support in excess ofthat contemplated in the General <br />Provisions sections of this Booklet. The charges for such extra support will be as specified <br />by us before such charges are incurred or as otherwise agreed by you and us from time to <br />time. <br /> <br />AD-AG-0455B (2004-2) <br /> <br />59 <br />