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Last modified
7/17/2007 8:40:51 AM
Creation date
12/2/2004 10:30:05 AM
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Roseville City Council
Document Type
Council Resolutions
Resolution #
9802
Resolution Title
North Star Bank Automated Clearinghouse Agreement
Resolution Date Passed
8/28/2000
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<br />24. Cooueration in Loss R.eçoverv Efforts. <br /> <br />In the event of any damages for which Fùumcial Institution or Company may be liable to <br />each other or to a third party related to the services provided under this Agreem.ent,Financi¡¡l <br />Institution and Company will Undertake reasonable efforts to coopeta1ewith each other. as <br />permitted by applicable law, inperforming loss recovery efforts and in connection with any <br />@Ctions that tberelevan1 party may be obligated to defend or elects topmsue againsta thir<i <br />party . <br /> <br />25. Termination. <br /> <br />Company may tenninate this Agreemetlt at any time. Such termination shall be effective on <br />the second business day following1he day of Financial Institution's receipt ófwrittennoticë <br />of such termination or such later date 8$ is specified in that notice. Financial Institution <br />reserves the right to terminate this Agreement iJnmediately upon provi<ijng Written no~ce of <br />such tenninationto Company. Any tetmination ofthisAgreementsball notaffectany of <br />Financial Institution' srights and Company's obliptions with respect to Entries initiated by <br />Company prior to such, tennination, or the payment obligations ofCol)1J*1Y with respect to <br />servicespetfonned by Financial Institution priortotenninatio~ or any other obligations that <br />survive termìnation of this Agreement. <br /> <br />26. Entire Aareement. <br /> <br />This Agreement (including the Schedulesattacl1edhereto) together with the Account <br />Agreement, is the complete andexclusivestaternent of the agreement between· Financial <br />Institution and· Company with respect·to the subject matter beret)f and· supersedes any prior <br />agreement(s) hetweenFinanciallnstitution and Company with respect to such subject matter. <br />In the event of8l1Y inconsistency between thëterms of this Agreement and the Account <br />Agreement, the terms of this Agreement shall govern. In the event performance of the <br />services provided herein in aCcordance with the teons of this Agreement woUld result in a <br />violation of any present of future statute, regulation or government policy to wbichFinancial <br />Institution is subject, and which governs or dfectsthe transactions contemplated by this <br />.Agreement, then this Agreement shall be deemed amended to theex.tent ~ssaryto comply <br />with suchstaìute, regulation or pòlicy, andFinanciaI Institution $11allincur no liability to <br />Company as a result of such violation or amendment. No course of dealing between <br />Financial Institution and Company will constitu~e a modification of this Agreement, U1e <br />Rules, or theseçurityprocedmes or constitute anagrccmcnt betWeen the Financial Institution <br />and Company regardless of whatever practices and procedures Finan.cial Institution and <br />Company may use. <br /> <br />Page 10 of12 <br />
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