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e) Cu<strong>to</strong>ff Time. BNY Mellon and the Bank must receive a s<strong>to</strong>p payment order in time <strong>to</strong> give them a<br />

reasonable opportunity <strong>to</strong> act on it and before their s<strong>to</strong>p payment cu<strong>to</strong>ff time. The law provides additional<br />

limitations on BNY Mellon’s and the Bank’s obligation. (For example, you cannot s<strong>to</strong>p payment on an item<br />

that has already been paid.)<br />

f) Charges. S<strong>to</strong>p payment orders are subject <strong>to</strong> our current charge for that service.<br />

5.9 Inconsistent Amounts. Checks are processed by computers. The Check amount in numerals is the one<br />

read by the computer. You agree that if the Check amount in words is different, we may charge against<br />

your <strong>Account</strong> the amount in numbers.<br />

5.10 Consumer Electronic Check Re-presentment.<br />

a) General. If you write a Check on a personal account that is returned unpaid because of insufficient<br />

or uncollected funds, the deposi<strong>to</strong>r of the Check or the deposi<strong>to</strong>r’s bank may resend (“re-present”)<br />

it electronically. That is, the deposi<strong>to</strong>r or the deposi<strong>to</strong>r’s bank may send the Bank an electronic<br />

instruction (“electronic re-presented Check”) <strong>to</strong> charge your <strong>Account</strong> in the amount of the Check.<br />

b) Handling. If BNY Mellon receives an electronic re-presented Check from the deposi<strong>to</strong>r or the<br />

deposi<strong>to</strong>r’s bank, via the Bank, BNY Mellon will pay or return the Check as if the original version were<br />

being re-presented <strong>to</strong> it. The part of this Agreement titled “Electronic Funds Transfers” will not apply.<br />

c) Eligibility. For an electronic re-presented Check <strong>to</strong> be charged <strong>to</strong> your <strong>Account</strong>, all of the following must<br />

be true:<br />

It must relate <strong>to</strong> a paper Check on a personal account that the Bank returned unpaid because of<br />

insufficient or uncollected funds;<br />

The paper Check must not have contained an unauthorized signature or an alteration and must not<br />

have been a counterfeit;<br />

You must not have placed a s<strong>to</strong>p payment on the paper Check after the Bank returned it unpaid but<br />

before it was collected electronically;<br />

The paper Check must have been less than $2,500 in amount;<br />

The paper Check must have been dated 180 days or less before the date on which the electronic<br />

re-presented Check is sent <strong>to</strong> the Bank;<br />

The electronic re-presented Check must be for the face amount of the paper Check only and may not<br />

include any collection fee charged by the deposi<strong>to</strong>r, the deposi<strong>to</strong>r’s bank, or a collection agency;<br />

The payee of the paper Check must have given you notice that, if the Check was returned unpaid<br />

because of insufficient or uncollected funds, it could be collected electronically;<br />

The electronic re-presented Check must have been sent <strong>to</strong> the Bank no more than twice after the<br />

first time the Bank returned the paper Check or no more than once after the second time;<br />

The electronic re-presented Check must be an “item” as defined in Revised Article 4 of the UCC<br />

(1990 Official Text);<br />

It must contain a preprinted serial number;<br />

It must indicate on the face of the document that the item was returned due <strong>to</strong> “not sufficient funds,”<br />

“NSF,” “uncollected funds,” or comparable language; and<br />

It must be drawn on a consumer account.<br />

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