BUSINESS ONLINE BANKING AGREEMENT

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1 BUSINESS ONLINE BANKING AGREEMENT This Business Online Banking Agreement ("Agreement") establishes the terms and conditions for Business Online Banking Services ( Service(s) ) provided by Mechanics Bank ( Bank, us, we, or our ). This Agreement is a legal contract between Company ( you, your, or user ) and the Bank and sets out the terms and conditions of your use of the Service(s). Please read this Agreement carefully and keep a copy for your records because it contains important information and guidelines for using the Service(s). We may modify the terms of this Agreement from time to time and your continued use of the Service(s) will constitute your acknowledgement of and agreement to those changes. In addition to this Agreement, you and the Bank agree to be bound by and comply with the terms and conditions of the Bank s Account Agreement, the Schedule of Fees and Charges, and any other disclosures provided to you in connection with your accounts (collectively Disclosures ). Your use of the Service(s) is your acknowledgment that you have received these Disclosures and intend to be bound by them. To the extent that this Agreement is inconsistent with any of the terms and conditions contained in the Disclosures, the terms and conditions of this Agreement shall prevail with respect to the Service(s). If you should need another copy of any of the Disclosures, please call us at , visit one of our offices, or print a copy from our web site. You must complete and submit a Business Online Banking Request Form to apply for the Service(s). Acceptance of your Business Online Banking Request Form is subject to the Bank s approval before it becomes effective ( Effective Date ). Your use of the Service(s) may also be affected by existing agreements between you and us for your linked accounts. When you link an account to the Service(s), you do not change the agreements for that account. For example, when you use the Service(s) to access a credit account, you do so under the terms and conditions for the credit account. You should review those agreements for any limitations on the transactions you can make, any applicable fees or other restrictions that might impact your use of an account with the Service(s). You agree to use our Service(s) for non-consumer transactions only, unless otherwise agreed to by both parties in writing. A nonconsumer transaction means the use of the Service(s) for any purpose that is not a consumer transaction (for example, to transfer funds to or from a business account or any account that is not a consumer account). In addition, a non-consumer transaction includes, to the extent allowed by law, any transaction not covered by the Electronic Fund Transfer Act and its implementing Regulation E. Consumer protection laws DO NOT apply to business accounts. SERVICES You may use the Business Online Banking system for the following standard services as available: 1. View current balance information on your Bank accounts; 2. View Bank account history; 3. Establish alerts and messages; 4. Transfer funds between your accounts; 5. Make payments on Mechanics Bank loans; 6. View check images; 7. Make stop payment requests; and 8. Export history information in various formats. In addition to the services listed above, by executing separate agreements, you may also use the Service(s) to: 1. Retrieve edelivery statements and notices; 2. Pay bills; 3. Receive special reports; 4. Conduct Cash Concentration activities; 5. Perform Positive Pay activities; 6. Scan checks and make deposits into your accounts; 7. Initiate domestic and international wire transfers; and 8. Initiate Automated Clearing House ( ACH ) entries. 1

2 Some of the Service(s) may appear on your screen that have not been activated for you and, therefore, will not be available to you. Also, the Bank may, from time to time, introduce new Service(s). By using these services when they become available, you agree to be bound by the terms and conditions in this Agreement and any updates thereto. We may modify or discontinue any of the Service(s) or features at any time without prior notice, at our sole discretion, unless otherwise required by law. Information shown through the Service(s) is generally real time. The available account balance may include deposits still subject to verification or other items in the process of being posted to the account and may not include outstanding checks, debits, or credits. Transfers initiated through the Service(s) may not result in immediate availability because of the time required to process the request. Please note that the information provided through the Service(s) may not include recent transactions and may include funds that are not available for immediate withdrawal. Please contact us if you have further questions. Cutoff Times Transaction requests initiated through the Service(s) that we receive for processing by the "cutoff" times on a business day are processed on that business day. Requests received after the cutoff time or on a non-business day may be deemed received as of the next business day and may be processed on that business day. Our business days are Monday through Friday, excluding federal holidays. The cutoff times are posted within the Service(s). Statements Statements are made available electronically through Business Online Banking for accounts enrolled in edelivery. Refer to our electronic delivery agreement for the terms and conditions of this service. Stop Payments You must make a stop payment order in the manner required by law. We must receive it in time to give us a reasonable opportunity to act on it before our stop payment cutoff time, as explained in the Account Agreement. When you place your stop payment order, we will tell you what information we need to stop a payment. The information you provide must be exact. If your information is not exact, your order will not be effective and we will not be responsible for failure to stop a payment. You may place a stop payment on any item, other than ATM or Point of Sale transactions, drawn on your account, whether you sign the item or not. Additional limitations on our obligation to stop a payment are provided by law. ACCESS TO SERVICE(S) To access your account(s) through Business Online Banking, you must have an eligible Bank account, User ID and Password. Eligible accounts accessible through the Service(s) include checking, savings, money market, loans and lines of credit. Some access and/or transaction features may not be available on certain accounts. Payments or transfers made through the Service(s) from a savings or money market account are subject to limitations and may result in an excess transaction fee. Refer to the Account Agreement and Schedule of Fees and Charges for more information. To use the Service(s) you must acquire one or more of the following Access Devices: 1. A computer, including the hardware and software required to access the Service(s), World Wide Web access via a secure Internet Service Provider (ISP), an Internet browser that supports a minimum 128-bit encryption standard, firewall, antivirus software, anti-spyware software, and an account with a valid address. 2. A mobile access device, defined as a supportable cellular telephone, personal digital assistant PDA, tablet, or other type of wireless communication or mobile handheld device that is web enabled and is capable of conducting Internet banking transactions, allows secure SSL traffic, Wireless Application Protocol WAP and other protocols that we may select or approve from time to time, and that is also capable of receiving text messages SMS required to access the Service(s). You agree to implement security solutions the Bank may offer, including any requirement to download additional security protection software provided by Bank. Bank will provide commercially reasonable security procedures to you and should you fail to use such procedures you accept full responsibility for any loss or damages. Once we receive your completed Business Online Banking Request form and verify your account information, we will contact you with confirmation of our acceptance of your enrollment and provide you with your User ID, Password, and any other established authentication method. The Service(s) can be used to access only the Bank accounts for which you are an owner or authorized representative. You can request the deletion of any of your Bank accounts or User access from the Service(s) by calling us at The Bank will provide instructions on how to use the Business Online Banking Service(s). You will gain access to the Service(s) through the use of your internet-enabled Access Device, ISP, User ID, and Password. You may generally access the Service(s) 24 hours a day, seven days a week. However, availability of the Service(s) may be suspended for brief periods of time due to maintenance or other reasons beyond our control. 2

3 Equipment and Software You are responsible for the selection, acquisition, installation, maintenance, and operation of your Access Device, such as telephones, modems, computers, and software. You agree to use equipment that is compatible with our programs, systems, and equipment, which we may change from time to time, with or without notice. We assume no responsibility for the defects or incompatibility of any Access Device or software that you use in connection with the Service(s), even if we have previously approved their use. We are not responsible for any errors, failures, or malfunctions of your Access Device or software or for any virus or related problems that may occur with your use of the Service(s) or the Internet. It is also your responsibility to keep your browser, software, and operating systems up-to-date and free of any viruses or malware. We strongly recommend that you routinely scan your Access Device using up-to-date virus protection and malicious software detection products. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NEITHER WE NOR OUR SUPPLIERS OR VENDORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES OR ANY COMPUTER PROGRAMS, EQUIPMENT, OR SOFTWARE (COLLECTIVELY "EQUIPMENT"). You agree to notify us promptly if any Equipment we provide to you becomes defective. Our sole responsibility (if any) in such instances will be to replace or repair the defective Equipment. We do not warrant that the Equipment provided to you will be error-free or that the Service(s) will be uninterrupted. You agree to comply with the terms of any software license provided to you in connection with the Service(s). You may not transfer, distribute copy, reverse compile, modify, or alter such software. Unless otherwise agreed by us in writing, the Equipment, Service guides, security procedures, and systems provided to you in connection with a Service represent our proprietary property and must be returned to us promptly upon request. We and/or our suppliers retain all right, title, and interest in and to the intellectual property rights associated with the Service(s) and the Equipment. Your license to use the Equipment and Service(s) will end with the termination of this Agreement or upon our earlier notice to you. You may only use the Equipment in connection with your use of the Service(s). You may not use the Service(s) or move the Equipment outside the United States without our consent. Personal Identification and Security You will be required to select a unique User ID when you enroll in the Service(s). The User ID and Password must meet the minimum requirements. Your access to the Service(s) will be blocked in the event your User ID and Password are entered incorrectly on multiple consecutive attempts. If this happens call us at You agree not to give or make available your Password, User ID, or other means to access the Service(s) to any unauthorized individuals. You are responsible for all transactions and payments you authorize using the Service(s). If you permit other persons to use the Service(s) with your User ID, Password, or other means, you are responsible for any transactions they authorize or activity they perform. In order to protect yourself against fraud, you should adhere to the following guidelines: Do not give out your account information, User ID, or Password; Do not leave your Access Device unattended while you are logged in to the Service(s); Never leave your account information within range of others; and Do not send privileged account information (e.g., account number, Password, etc.) in any public or general system (refer to the Electronic Communication section in this agreement.) If you believe your User ID and/or Password has been lost, stolen, or compromised, or that someone may attempt to use the Service(s) without your consent or has transferred money without your permission, or you suspect any fraudulent activity on your account, call the Bank immediately at during our normal Call Center hours which are posted on our Website. The best way to minimize your losses and liability is to telephone the Bank immediately. If you believe your Password has been lost, stolen, or compromised, in addition to contacting the Bank, please use the Password Change feature within the Service(s) to change your Password. For additional online security information, please refer to the Security Center on our web-site. 3

4 Administration Employee administration rights may be enabled for your company. A Company Administrator ( Administrator ) may authorize other employees to access the Service(s). In some instances the Bank may administer users of the Service(s) at your direction by completing the Business Online Banking Request Form. In the event you designate an Administrator to manage your Service(s),,.this individual is generally employed by you and will be granted access to all of the Service(s). The Administrator, at his or her sole discretion, can create and authorize other employees as Users of the Service(s). By granting an individual access to your accounts as an Administrator or authorized user with a User ID and Password, you expressly agree to take responsibility for all activity initiated by those individuals. In effect, you have authorized each transaction initiated through the Service(s) to take place and Bank will not be held liable for individual User actions. The Administrator and each User with authority to access your accounts through the Service(s) will have a unique User ID and Password. The Password for the Administrator is initially set by the Bank and subsequently changed by the Administrator. The User ID for the Administrator can only be changed by the Bank. The User ID for a User can be issued and changed by the Administrator. The Password for a User is initially set by the Administrator and subsequently changed by the User. 1. Administrator. You must appoint an Administrator for certain Services with the authority to determine who will be authorized to use the Service(s) on your behalf. The Administrator can add, delete, or change the access authorities for a User, including the accounts and Service(s) to which they have access and the dollar amount of the transactions they are allowed to initiate. There is no limit on the number of Users an Administrator can authorize. You are strongly encouraged to use these controls to help reduce losses or damages that may arise out of improper or unauthorized use of a Service by designated Users and others. You assume sole responsibility for the actions of your Administrator, the authority he or she gives others to act on your behalf, and the actions of the persons designated by the Administrator to use the Service(s). We strongly recommend that you impose a dual control environment when sending us instructions to move funds. If you elect not to do so, you agree to be subject to a higher standard of care with respect to your accounts, transactions, and statements. It is your responsibility to understand the capabilities built into each Service to prevent unauthorized transactions, and to decide which account(s) and Service(s) to link to each User. When you designate Administrator and User authorities, you should keep in mind the importance of the separation of duties as a means of protecting yourself against losses or damages. You agree, based on the type, frequency, and amount of transactions you will have with us, that the relevant security procedures are a commercially reasonable means of protection against unauthorized transactions and potential losses. If you wish to change your Administrator, you will give notice to the Bank in writing by completing the required form. Upon receipt of notice, the Bank will substitute the new Administrator for the previous Administrator and will issue a new Administrator User ID and Password. We will not take action based on your new request until we receive the properly executed required form and have a reasonable opportunity to act. 2. Accounts. You or your Administrator will need to designate which account(s) will be utilized for Service payments and transfers. Your Service application or setup form may list certain accounts that you wish to access with the Service(s). If it includes the accounts of your parent company, subsidiaries or affiliates, you warrant that they have authorized you to access their accounts through the Service(s) in the same manner as your own accounts. You agree to provide us with their written authorization, in form and substance acceptable to us, evidencing that authority, and to notify us immediately in writing of any change to that authorization. If your Administrator designates an account that requires more than one signature for the withdrawal or transfer of funds, you agree that we may act upon any Service instruction that is accompanied by the Password designated by you or your Administrator for that account and the Service in question. Note: This may mean that we will act upon the instruction of only ONE person to initiate a transaction (e.g., to wire funds), even though the signature card for the account in question requires two or more signatures on checks. As long as an instruction is accompanied by the designated Password, the transaction will be deemed authorized by you. 3. Security Procedure and User Guides. We may provide you with one or more unique IDs, Passwords, tokens, and/or other means of identification and authentication (collectively "Password") to access the Service(s). We also may provide you with operating procedures and user guides ("User Guides") in connection with certain services. You agree to: (a) comply with the User Guides and procedures that we make available to you; (b) take reasonable steps to safeguard the confidentiality and security of the Password, the User Guide, and any other proprietary property or information we provide to you in connection with the Service(s); (c) limit access to the Service(s) to persons you have authorized; (d) closely and regularly monitor the activities of employees who access the Service(s); (e) notify us immediately if you have any reason to believe the security or confidentiality required by this provision has been or may be breached; and (f) immediately change your Password if you know or suspect that the confidentiality of the Password has been compromised in any way. Our security procedures are not designed for the detection of errors (e.g., duplicate payments or errors in your funds transfer instructions). We will not be obligated to detect errors by you or others, even if we take certain actions from time to time to do so. 4

5 You agree to change any temporary Password we give you promptly after you are given access to the Service(s) for the first time and whenever anyone who has had access to any Password is no longer employed or authorized by you to use the Service(s). For security reasons, you also agree to require your Users to change their Passwords on a regular basis, but no less frequently than every 120 days. We may require you to change your Password at any time. As an alternative to verifying transactions by means of a Password, we may elect to verify the authenticity or content of any order or instruction by placing a call to any authorized signer on your account or any other person designated by you for that purpose. We may deny access to the Service(s) without prior notice if we are unable to confirm to our satisfaction any person s authority to access the Service(s) or if we believe such action is necessary for security reasons. Each time you make a transfer or payment with the Service(s), you warrant that our security procedures are commercially reasonable (based on the normal size, type, and frequency of your transactions). Some of our Services allow you or your Administrator to set transaction limitations and establish internal controls. Your failure to set such limitations and implement such controls increases your exposure to, and responsibility for, unauthorized transactions. You agree to be bound by any transfer, instruction or payment order we receive through the Services, even if it is not authorized by you, if it includes your Password or is otherwise processed by us in accordance with our security procedures. 4. Your Internal Security. You agree to establish, maintain and update commercially reasonable policies, procedures, equipment and software ("Internal Security Controls") that will safeguard the security and integrity of your computer system and information from unauthorized use, intrusion, takeover or theft, and prevent your Password from unauthorized discovery or use (collectively "Internal Security Breaches"). You bear all risk of fraudulent transfers and other losses arising from your Internal Security Breaches or from the interception of your communications prior to their receipt by us (collectively "Internal Security Losses"). We will not reimburse you in connection with Internal Security Losses. You agree that we are authorized to execute, and it is commercially reasonable for us to execute, any instruction received by us with your Password. You are encouraged to consider purchasing insurance to cover any Internal Security Losses. Please see your User Guides for suggestions on the Internal Security Controls that you should adopt to protect your system from Internal Security Breaches. You remain solely responsible at all times for your Internal Security Controls, Internal Security Breaches and Internal Security Losses. Although we may employ various systems and procedures from time to time to help prevent losses to us, we assume no obligation for Internal Security Breaches or Internal Security Losses, provided we have acted in accordance with this Agreement and/or instructions that are accompanied by your Password. Generally, you should change your Passwords frequently to help safeguard the security of your accounts. Bank employees will never contact you via or by telephone requesting your online Password or any other personal information. If you are contacted by anyone requesting this information, do not provide it and contact the Bank immediately. It is critically important to keep your User IDs and Passwords confidential to prevent unauthorized transactions on your Bank accounts. In the event you wish to change authorization (as a result of personnel changes, your business policy, or for any other reason) it is your sole responsibility to revoke access in order to protect against improper use of the Business Online Banking Service(s). If you suspect any misuse of the Service(s) by an authorized user, your Administrator should revoke that employee s access immediately. Our Business Online Banking Service(s) is designed so that it may be operated only upon entry of a valid User ID and Password in combination with an authorized access device. Each time a user attempts to log onto the Service(s) from a different access device they may need to complete a secure access procedure in order to gain access. Since we condition access, we will accept instructions for transfers or other transactions from any person using a valid User I.D. and Password in combination with a Secure Access code, when appropriate. This is so even if the person obtaining access: Is not a company representative Exceeds your authority or that granted by any company representative Does not have your authority Has had his/her authority changed or revoked Is an imposter or thief 5

6 ADDITIONAL SERVICES Bill Payment If you have chosen this option, any individual authorized to do so on your account may make payments from a checking account(s) you have designated for bill payment. Your payments will be made either electronically to the person or business you are paying (the payee ) or by sending the payee a paper check. To utilize this service you must accept the terms and conditions of our bill pay agreement. Electronic Transactions (ACH) You and your authorized users may collect payments, pay bills, and initiate deposits/withdrawals to third party accounts electronically. You may also use this service to transfer funds between your accounts at other banks. Electronic transactions are sent through the ACH and must be submitted by the specified cutoff time for processing. To utilize this service you will need to complete the Bank s ACH Origination Agreement. Wire Transfers You and your authorized users may initiate an outgoing domestic or U.S. Dollar foreign wire transfer of funds through the Service(s). To utilize this feature you will need to complete the Bank s Wire Transfer Agreement. Federal and State Tax Payment Requests You and your authorized users may originate tax payments to the Internal Revenue Service and to pay certain other state taxes. To pay your federal taxes electronically you will first need to sign up for electronic payments at To make state tax payments you will first need to sign up for electronic payments with the appropriate state agency. To utilize this service you will need to complete the Bank s ACH Origination Agreement. FEES AND CHARGES You agree to pay the fees and charges for your use of the Service(s) as we have established and may amend from time to time. These fees and charges will be in addition to any charges associated with the account you maintain with the Bank. Our schedule of fees for the Service(s) is set forth in the schedule of fees and charges provided to you. You agree that all such fees and charges will be deducted from the designated Bank checking account. If you close your account, you must contact us immediately to designate another account. If you do not contact the Bank in a reasonable time the Bank may charge any account you hold with the Bank or invoice you for any outstanding fees or charges. You agree to pay any additional charges for services you request, which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of the Service(s). ELECTRONIC COMMUNICATION You can send us electronic mail (" "). Since we may not receive it immediately, you should not rely on if you need to communicate with us right away (e.g., to report an unauthorized transaction). If you need to contact us immediately, you should contact us at may not be used to initiate transactions on your accounts. We require a reasonable time to act upon any request, and reserve the right to reject any instruction or request received by (e.g., a request to wire transfer funds). NOTE: General transmissions are not secure. We advise you not to send us or ask for sensitive information such as account numbers, passwords, account information, etc. via . If you choose to contact us electronically, please use the secure mail within the Contact Us feature provided within the Service(s) or on our website. You agree that or other communications viewed or transmitted between you and us through the Service(s) shall be treated as a writing and shall bind each of us in the same way as written communications. You agree usage of your User ID and Password to access the Service(s) in connection with a communication that you send to us shall be treated as your signature. You agree that we may record electronic messages between you and the Bank. TERM AND TERMINATION Term This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions. 6

7 Termination for Convenience To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the desired termination date of the Service(s). We will act upon your request within a reasonable period of time. Any applicable charges for the Service(s) will be assessed. Previously paid fees are non-refundable. You may request to terminate a Service by notifying us in writing through a written letter, facsimile, or electronic mail from an authorized representative of the Company. The termination will be effective when we have confirmed the termination to you. We reserve the right to terminate your use of the Service(s) in whole or in part at any time with or without cause and without prior notice. Termination for Cause We may immediately terminate any or all of the Service(s) without notice to you under the following circumstances: Inactivity 1. If you fail to pay any applicable fees for use of the Service(s); 2. If you fail to comply with the agreement governing your deposit or loan accounts; 3. If your accounts are not maintained in good standing; or 4. If you fail to comply with this Agreement. We encourage you to use the Service(s) regularly. Your Service(s) may become inactive if you do not sign on or have any transactions scheduled through the Service(s) for an extended period of time. If the Service(s) becomes inactive, you may be required to contact us to have the Service(s) re-activated before you will be able to use the Service(s). LIABILITY Refer to your Account Agreement for limitations on our liability pertaining to wires and other funds transfers. SITE VISITATION You are subject to an on-site visit at any location of your residence or business at any time and from time to time at the sole discretion of the Bank to ensure compliance with the provisions of this Agreement. The Bank shall not be liable or responsible to you or any third party for any loss, bodily harm, property damage, claims of the introduction of a virus or other malicious code into your system, including any which allegedly delay, alter or corrupt the data of yours, whether related to the transmission of imaged items or other data to the Bank, or whether caused by the System, equipment, the Service(s), the Bank, Internet service providers, Internet browsers, or other parties providing communication services to or from the Bank to you in connection with the Bank's entry on your premises for the purposes of installation or maintenance of the equipment, the System and Services, and for the purpose of conducting an on-site visit. The foregoing shall not apply to our gross negligence or willful acts. INDEMNIFICATION You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to the use of the Service(s). THIRD PARTIES We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider, by an ISP, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access the Service(s). GENERAL TERMS AND CONDITIONS Changes and Modifications The Bank may modify the terms and conditions applicable to the Service(s) from time to time. We may send notice to you at the last or postal address shown in our records for your account or the Service(s). The revised terms and conditions shall be effective at the earliest date allowed by applicable law. If an immediate change is necessary for security purposes, however, prior notice may not be given. 7

8 Assignment We may assign this Agreement to an affiliate of the Bank or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without your consent. Notices Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be provided electronically. California Law Except as otherwise provided in this Agreement, California law will govern the Service(s) and the interpretation of this Agreement. Unless otherwise provided in this Agreement, your accounts and the Service(s) will be subject to applicable clearinghouse, Federal Reserve Bank and correspondent bank rules. You agree that we do not have to notify you of a change in those rules, except to the extent required by law. Website Links Our website, system or Service(s) may contain links to other websites, and they are solely provided to you as an additional convenience. You understand and acknowledge that by clicking or activating such links you will leave our website and go to the other website, and that we do not screen, review, approve, or otherwise endorse any content or information contained in these linked websites. You acknowledge and agree that we, our affiliates and partners are not responsible for the contents of any of these linked websites, including the accuracy or availability of information provided by the linked websites, and we make no representations or warranties regarding your use of the linked websites. Disclosure of Information We will only disclose information to third parties as explained in the Bank s Privacy Policy. Your completion of the Business Online Banking Request Form or other service-related request form(s) constitutes acceptance of this Agreement. You acknowledge that you have read and understand the terms and conditions of the Business Online Banking Agreement and the separate agreements, disclosures, schedules and exhibits as they appear on the Bank s website or given to you, including but not limited to, any optional services you select. By using the Service(s) you agree to be bound by the terms of the Business Online Banking Agreement, as that Agreement may be changed from time to time. You agree to comply with the security procedures covered in the Administration section of this agreement and acknowledge they are commercially reasonable. You also agree to hold the Bank harmless from losses incurred by you as a result of not following the Bank s recommended commercially reasonable procedures unless separately agreed to in writing. 8

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