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NORTH STAR BANK <br /> AUTOMATED CLEARINGHOUSEAGREEMENT <br /> This Agreement is made as of the day of ,between North <br /> Star Bank(hereinafter referred to as the "Financial Institution") and <br /> (hereinafter referred to as "Company"). <br /> RECITALS <br /> A. Company wishes to initiate Credit Entries by means of the Automated Clearing House Network <br /> pursuant to the terms of this Agreement and the rules of the National Automated Clearing House <br /> Association (NACHA) and the local ACH Association (the "Rules"), and Financial Institution is <br /> willing to act as an Originating Depository Financial Institution with respect to such Entries. <br /> B. Unless otherwise defined herein, capitalized terms shall have the meanings provided in the <br /> Rules. The term "Entries" shal! have the meaning provided in the Rules and shall also mean the <br /> data received from Company hereunder from which Financial Institution prepares Entries. <br /> AGREEMENT <br /> 1. Incorporation of Rules. <br /> The Company acknowledges receipt of a copy of the Rules as currently existing and takes <br /> responsibility for keeping track of how they are amended from time to time. The Rules are <br /> incorporated herein by this reference. The Company and the Financial Institution agree to <br /> comply with and be bound by the Rules. The Financial Institution will periodically inform the <br /> Company of revisions to the Rules of which the Financial Institution has knowledge. <br /> 2. Transmittal Of Entries By Company. <br /> Company shall transmit PPD (Prearranged Payments & Deposits) or CCD (Cash Concentration <br /> or Disbursement) credit or debit Entries to Financial Institution to the location(s) and in <br /> compliance with the formatting and other requirements set forth in Schedule A attached hereto. <br /> If the Company authorizes a third party processor to transmit PPD or CCD credit or debit <br /> Entries, the third part; processor will be the Company's agent and the Company will indemnify <br /> and save Financial Institution harmless from and against any loss or liability, including <br /> attorneys' fees and expenses, arising out of any act or omission of the third party processor. The <br /> total dollar amount of Entries transmitted by Company to Financial Institution on any day shall <br /> not exceed the amount specified in the Maximum Limit section on Schedule A. <br /> Page 1 of 12 <br />