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Rev. 2024-08-06 pg. 13 <br /> <br />respect to funding any deficit in the Account, such amount shall be reimbursed by Sub-merchant, <br />on demand by Provider. If Provider has required the establishment of a Reserve Account, Provider <br />may, pursuant to Section 6 of this Agreement, offset such amount against the Reserve Account. <br />13.4. Processor has established a partitioned credit limit for eCheck transactions. In the event <br />Sub-merchant receives eCheck Services from Processor, Processor may limit Sub-merchant’s <br />eCheck activity under this Agreement to maintain such limit. Sub-merchant acknowledges and <br />agrees that Processor may at any time restrict the amount or type of transactions Processor, in its <br />sole discretion, will accept. Processor and/or Member Bank may reject any ACH entry (“Entry”) <br />which does not comply with the requirements of this Agreement, the NACHA Operating Rules <br />(“NACHA Rules”), applicable law or Member Bank’s or Processor’s requirements and <br />specifications. Sub-merchant has no right to cancel or amend any Entry after its receipt by <br />Processor or Member Bank. Sub-merchant agrees to be bound by the NACHA Rules and is <br />responsible for payment for an Entry even if the Entry is erroneous or is a duplicate Entry. Sub- <br />merchant agrees not to initiate any Entry or other transaction in violation of applicable United <br />States law. <br />13.5. Sub-merchant (“Originator”) must obtain the authorization of the applicable individual, <br />corporation or other entity (“Receiver”) to initiate a credit or debit Entry to the Receiver’s account <br />This authorization must be incompliance with applicable law and the NACHA Rules. Sub- <br />merchant will provide Processor with copies of any such authorizations upon request. Sub- <br />merchant will maintain the original or a copy of each authorization for such period of time as may <br />be required by the NACHA Rules or applicable law, whichever is longer. <br />13.6. Sub-merchant acknowledges and agrees that, if an Entry describes the Receiver <br />inconsistently by name and account number, payment of the Entry transmitted by Member Bank <br />to the Receiving Depository Financial Institution (“RDFI”) may be made by the RDFI on the basis <br />of the account number supplied by Sub-merchant, even if it identifies a person different from the <br />named Receiver, and that Sub-merchant’s obligation to pay the amount of the Entry to Processor <br />and/or Member Bank is not excused in such circumstances. If Sub-merchant receives a <br />Notification of Change (“NOC”) Entry or corrected Notification of Change (“Corrected NOC”) <br />Entry, Sub-merchant shall ensure that changes requested by the NOC or Corrected NOC are made <br />by, or on behalf of, the individual, corporation or other entity that initiated the entry within six (6) <br />banking days of Sub-merchant’s receipt of the NOC information or prior to initiating another entry <br />to the Receiver’s account, whichever is later. Sub-merchant shall retain data on file adequate to <br />permit remaking of Entries, and shall provide such data to Processor upon its request. <br />13.7. Each time Sub-merchant transmits an Entry to Processor or Member Bank, Sub-merchant <br />represents and warrants to Processor and Member Bank the following (i) that the Receiver has <br />authorized Sub-merchant to transmit Entries to Processor and Member Bank in a manner that <br />complies with the NACHA Rules, for processing and transmittal by Processor and Member Bank <br />through the ACH system, which authorization has not been terminated and is in full force and <br />effect, and Sub-merchant agrees to make payment for any credit Entries originated and for any <br />debit Entries returned by the RDFI and that (ii) each Entry accurately reflects the entry data