Notwithstanding anything to the contrary contained herein, it is authorized and agreed by the parties hereto that the performance of said Service is or might be subject to regulation and examination by authorized representatives of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Board of Directors of the Federal Deposit Insurance Corporation, and/or a State or other federal regulatory agency and you agree to the release of your reports, information, assurances, or other data as may be required by them under applicable laws and regulations. You agree that any specifications or programs developed by Bank in connection with this Access Agreement or supplied or made available to you by Bank are the exclusive property of Bank, its agents, suppliers, or contractors, and further agrees that such material shall not be copied or used in any manner or for any purpose without the express written consent of Bank. This clause shall survive the termination of the Access Agreement.
An Authorized Agent is responsible for assigning the levels of security necessary for you. The Authorized Agents will be required to change the initial passwords the first time they use their IDs to login into our cash management system. It is the Authorized Agents’ responsibility to understand the security capabilities built into the Service and to assign and, as appropriate to your business and security needs, restrict access to the various applications only to those employees who have a need to know, keeping in mind the importance of separation of duties as an important way of protecting you.
This Wire Agreement will be governed by all applicable operating circulars of any Federal Reserve Bank which may handle any transaction that is the subject of this Wire Agreement and by all applicable provisions of federal law and regulation. To the extent allowed by federal law, this Wire Agreement will also be governed by the CHIPS Rules and Administrative Procedures and the applicable rules and procedures for SWIFT and any other funds transfer or advice service or facilitator, and by the laws of any foreign nation having jurisdiction over the Transfer (or any segment thereof, to the extent of that segment only). To the extent it is not governed by such laws, regulations, rules and other governing documents, this Wire Agreement will be governed by the laws of the state of California. This Wire Agreement will be binding upon and inure to your benefit and Bank, and our respective successors, assigns and legal representatives.
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New Mexico: Speedy Cash is licensed and regulated by the New Mexico Regulation and Licensing Department, Financial Institutions Division, P.O. Box 25101, 2550 Cerrillos Road, Santa Fe, New Mexico 87504. To report any unresolved problems or complaints, contact the division by telephone at (505) 476-4885 or visit the website http://www.rld.state.nm.us/financialinstitutions/.
The File is received by Bank when a complete File has been written on a Bank electronic storage device in conformity with Bank’s technical and operational requirements for sending a File to Bank. To meet Bank’s Cut-Off Time, the entire File must be received prior to the Cut-Off Time and the File must successfully pass the edits for conformity with the technical requirements. For purposes of determining when an Item has been delivered and received, Bank’s records shall be determinative. A File which is not balanced in accordance with the Procedures or which is received after the Cut-Off Time shall be deemed to have been received on banking day following the banking day on which the File is actually received by Bank. Bank reserves the right to change the number of Files that may be transmitted per day, the Deposit Limit, and the Cut-Off Time. These modifications are effective immediately and may be implemented prior to your receipt of the newly established Deposit Limit or Cut-Off Time. You may contact Bank at any time to verify the current Deposit Limit.
If prior to the date we provide you a copy of or notice regarding this Access Agreement, you and Bank were parties to a prior version of this Access Agreement, then this Access Agreement will replace such prior agreement after you use any Services or provide any instructions provided for in this Agreement following receipt of a copy of or notice regarding this Access Agreement, which receipt will be deemed to have occurred the earlier of (i) 5 banking days after Bank sends a copy of this Agreement to your email address of record with Bank or posts this Access Agreement online or (ii) the first time at which you utilize the Services after such notice. Exhibits, schedules and other attachments to the prior version of this Access Agreement (and the previous versions of the Schedule Agreements) with customer-specific information, and customer-specific information incorporated into such previous agreements, will remain in effect until Bank and you agree in writing upon replacement exhibits, schedules and attachments and information, respectively.