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4.4 If for any reason payment in full is not received by the date due, if a payment is not <br /> honored due to non-sufficient funds (NSF) or if for any reason a payment is negated or <br /> reversed, the Lead Agency will notify the Business Account of the payment problem and, <br /> if full and clear payment is not received within ten (10) calendar days of such notification, <br /> the Lead Agency may: <br /> a. refuse to process new orders for ORCA Business Cards and block the loading of <br /> new ORCA Products by or for the Business Account; <br /> b. assess any late payment, NSF and collection fees to the maximum amount permitted <br /> by law; <br /> c. initiate a Card Block or Product Block on the Business Cards issued to the Business <br /> Account, rendering them ineffective for use by the Cardholders, until such time as <br /> the Business Account pays the full amount due, including any late payment, NSF <br /> and collection fees, in a manner acceptable to the Lead Agency; and <br /> d. suspend or terminate access rights to the Business Account's secured area of the <br /> website. <br /> 4.5 In addition to any other obligations it may have under this Agreement and at law, the <br /> Business Account agrees to pay to the Lead Agency any reasonable collection fees <br /> incurred in collecting amounts due from the Business Account. <br /> 5.0 PURCHASE, OWNERSHIP, DISTRIBUTION AND REPLACEMENT OF ORCA <br /> BUSINESS CARDS <br /> 5.1 Ordering ORCA Business Cards. The Business Account shall order ORCA Business <br /> Cards via the ORCA Business Accounts Website, in accordance with the directions <br /> provided on that website, and shall make payment as provided in Attachment 1. If <br /> additional cards are required, the Business Account shall be required to pay both the <br /> standard card fee and the pro rata price for loading the Passport Product on such <br /> additional cards for the remaining months of this Agreement, as specified in <br /> Attachment 1. <br /> 5.2 Receipt and Ownership of ORCA Business Cards. Upon actual or constructive receipt <br /> of the ORCA Business Cards it has ordered, the Business Account shall become the <br /> owner of the ORCA Business Cards. The Business Account shall be deemed to have <br /> constructively received all ordered ORCA Business Cards unless it notifies the Lead <br /> Agency of any non-delivery or incorrect delivery within thirty(30) days after the order <br /> was placed. If the Business Account notifies the Lead Agency that it has not received <br /> the ordered cards, the Lead Agency will ship a replacement order. If the Business <br /> Account subsequently receives the cards reported as missing, the Business Account is <br /> responsible for returning them to the Lead Agency. <br /> 5.3 Storage and Risk of Loss. The Business Account is responsible for the storage, <br /> distribution and use of the ORCA Business Cards issued to it. The Business Account <br /> bears the sole risk of any loss, damage, theft or unauthorized use of one of its cards, <br /> whether such card is held in its inventory or has been distributed for use. The Business <br /> Account is responsible for the cost of any use of its Business Cards until the effective <br /> date of a Card Block that may be initiated as provided below. <br /> ORCA Passport Agreement Page 4 of 23 <br /> City of Everett BA ID: 1891 <br /> January 1, 2017-December 31, 2017 <br />