You may be using special equipment, services or software provided by a third party to assist it or you in processing Items and Files hereunder (“Third Party”). You (i) agree that any Third Party is acting as your agent in the delivery of Items and Files to Bank, and (ii) agree to assume full responsibility and liability for any failure of that Third Party to comply with the laws, Rules or this Remote Deposit Agreement. Bank will not be liable for any losses or additional costs incurred by you as a result of any error by a Third Party or a malfunction of equipment provided by a Third Party. You must provide at least 10 days advance written notice to Bank in the event you use any such Third Party. You are solely responsible for maintaining compliance with the requirements of any Third Party, including obtaining any software updates. Bank shall not have any responsibility for any Item or File handled by a Third Party until that point in time when Bank accepts and approves an Item or File from such Third Party for processing.
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