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front of the Receivers source document for two years from the settlement date of
each ARC or BOC Entry, and shall immediately provide same to Bank upon request.
For BOC Entries, Customer has employed commercially reasonable procedures to
verify the identity of each Receiver of BOC Entries.
For BOC Entries, Customer maintains a working telephone number that is answered
during Customer's normal business hours for Receiver inquiries regarding BOC
transactions.
17. Point of Purchase (POP) Entries
NACHA Rules allow Customer to initiate a Debit Entry to a Receiver's account for inperson purchases made by check at the point-of-purchase ("POP Entry"). In the event
that Customer initiates a POP Entry to Bank, Customer agrees that such POP Entry wilL'
comply with all provisions of this Agreement and applicable Rules and makes the
following additional representations and warranties regardless of which entity initiates
the POP Entry on its behalf:
Customer has posted a notice in a prominent and conspicuous location at the pointof-purchase and provided Receiver with a written notice of same: (i) that when a check
is provided as payment, it is authorization for payment as a check transaction or for a
one-time ACH debit to the Receiver's account; and (ii) that funds may be withdrawn
from the Receiver's account the same day payment is made.
Each check is eligible under NACHA Rules to be collected via a POP Entry and the
Receiver has not opted out of check conversion.
Customer has returned the voided source document to the Receiver after capturing
the necessary check information and the source document was not previously
negotiated, voided, or provided by the Receiver for use in any prior POP Entry.
Customer has obtained the Receiver's authorization and provided a copy of same
to Receiver, which: (i) is in writing and signed or similarly authenticated by the
Receiver; (ii) is readily identifiable as an ACH debit authorization; (iii) clearly and
conspicuously states its terms; and (iv) states that the check will not be processed.
18. Third Party Vendors
If Customer initiates Entries through a third party vendor or processor ("Vendor"),
Vendor is the agent of Customer and not of Bank. If Customer uses a Vendor,
Customer shall be deemed to have authorized Bank to follow the instructions of such
Vendor to the same extent and under the same conditions as would apply if the
instructions came direct from Customer and Customer shall be responsible for insuring
that such Vendor fully complies with the Rules and this Agreement. Bank is not
responsible for the acts or omissions of Vendor and Customer agrees to be liable for
and hold Bank harmless from, any losses caused by the acts or omissions of the
Customer's Vendor.
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