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BANK OFAMERICA �;0'
<br /> 3. YOUR OBLIGATIONS
<br /> 3.1 Use of accounts. You shall use, and shall ensure each Cardholder uses, each Card Account solely for your business purposes in
<br /> accordance with the terms of the relevant Service.
<br /> 3.2 Management of the Services. You must actively manage, monitor and review your program activity, Billing Statements, Transactions
<br /> and Services. You agree to use commercially reasonable fraud prevention control tools as provided by us.
<br /> 3.3 Obligation to pay.Except for Unauthorized Use that has been properly reported to us(when such report is necessary), you shall pay for
<br /> each Transaction,regardless of its purpose or whether the Cardholder signed a sales draft or received a receipt. In addition,you shall pay our
<br /> fees and charges as set forth in the schedule of charges currently in effect for you.
<br /> 3.4 Status of Cardholders.You represent and warrant to us that each Cardholder is a current employee or agent of the Company. Each
<br /> Cardholder will be acting as your agent in connection with the receipt of the Services by you. If a Cardholder ceases to be your employee or
<br /> agent, or otherwise becomes ineligible to use a Card, you must immediately inform us and destroy or return to us as soon as practicable the
<br /> Card allocated to that Cardholder.
<br /> 3.5 Your ability to perform your obligations. You will promptly furnish such financial and other information as we request for the purpose
<br /> of reviewing your ability to perform your obligations to us. You represent and warrant to us that, on the date of the Agreement and on each
<br /> day that you use the Services or provide any information,all such information about your employees,agents and your company is true,accurate
<br /> and complete.
<br /> 3.6 Verification of details. You must check, and must ensure that each Cardholder checks,to ensure that the information embossed on
<br /> each new Card or printed on each Convenience Check is correct,and you will contact us immediately if there is an error.
<br /> 3.7 Change in Program Administrator.You acknowledge that the Program Administrator(s) is authorized to manage all changes to your
<br /> Cardholder Accounts. You assume and accept all responsibility for the actions, authorized or unauthorized, of your Program
<br /> Administrator. You must give us prompt written notice upon any Program Administrator being added,replaced or removed.
<br /> 3.8 Security of your data. You are responsible for protecting and maintaining the security and confidentiality of your data and the data of
<br /> your Cardholders (including any and all user IDs, passwords and card personal identification numbers (PINs) issued in connection with a
<br /> Service),for ensuring that it is adequately backed-up and that no person makes such data available to any other person or for any unauthorized
<br /> purpose. We are not responsible for your loss of your data or the data of your Cardholders that is not maintained on our or our vendors'
<br /> systems.
<br /> 3.9 Compliance with law. You must comply,and you must ensure that your Cardholders and all Transactions comply,with all laws to which
<br /> you,that Cardholder or that Transaction may be subject, including all AMUSanctions Laws and Data Protection Laws. You must do all things
<br /> and provide all information which we may request from you to allow us to comply with our obligations under any AMUSanctions Laws,including
<br /> (if necessary)providing us with any information required to establish and verify the identity and background of any Cardholder.You represent
<br /> and warrant to us on and as of each day on which we provide a Service to you that your performance of your obligations does not and will not
<br /> violate any law applicable to you or facilitate illegal transactions, including those prohibited by the Unlawful Internet Gambling Enforcement
<br /> Act,31 U.S.C. Section 5361 et seq.
<br /> 3.10 OFAC Covenant. You covenant that you will not use or permit any Cardholder to use, any Card, Cardless Account,Cash Advance or
<br /> Convenience Check to transact, lend,contribute,or otherwise make available funds to any Subsidiary,joint venture partner or other individual
<br /> or entity("Person"),to fund any activities of or business with any Person,in Cuba,Iran, North Korea,Sudan,Syria,or in any country or territory
<br /> that,at the time of such funding, is the subject of any Sanctions, or in any other manner that will result in a violation by any Person(including
<br /> any Person participating in the transaction,whether as advisor, investor or otherwise)of Sanctions.
<br /> 3.11 Binding on Participants.If you are a Participant, you agree and acknowledge that the Company has executed the Agreement for and
<br /> on behalf of you,and that by using the Services,you agree to be bound by all provisions of the Agreement and authorize the Company to take
<br /> any and all actions on your behalf in respect of the Agreement, including entering into this Agreement on your behalf.
<br /> 3.12 Approvals. In addition to any approvals you are required to obtain pursuant to Section 21.3,you must obtain any governmental or
<br /> regulatory mandated approvals necessary for you to use the Services, including any labor relations related approvals.
<br /> 3.13. Security over Real Property. Unless we agree with you in writing,we will not take real property as collateral for amounts you owe
<br /> us.
<br /> 4. CREDIT LIMITS
<br /> 4.1 Credit limit. For each Service,we will establish one total credit limit for all your Card Accounts issued to the Company and all Participants.
<br /> The Company shall determine an individual credit limit for each Cardholder Account which is part of any of your Card Accounts issued to the
<br /> Company and all Participants. The individual credit limits for each Cardholder Account,when aggregated, may exceed the total credit limit for
<br /> all Card Accounts issued to the Company and all Participants. However,this will not increase the total credit limit, Upon your request and if
<br /> approved by us,we may increase the total credit limit or any individual limit.We may,without prior notice,decrease the total credit limit or any
<br /> individual limit in our reasonable discretion. We also may, at our discretion,delay in crediting payments received from you against your credit
<br /> limit if you have only made a partial payment of amounts due or if your payment has not cleared.
<br /> 00-35-6182NSBW 02-28-2020 AK Page 4 of 16
<br /> Bank of America — Confidential ©2020 Bank of America Corporation
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