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8I Consent 2007 1217
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8I Consent 2007 1217
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12/14/2007 2:02:12 PM
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12/14/2007 2:02:11 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/17/2007
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_CC Agenda 2007 1217
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-. <br />MASTER AGREEMENT FOR TREASURY MANAGEMENT SERVICES <br />The Service Documentation described below contains the terms under which Wells Fargo provides treasury management <br />services ("Services"). The Wells Fargo bank through which the Services will be provided ("Bank") and the Company to which <br />the Services will be provided are identified in the Acceptance of Services ("Acceptance"). <br />Bank and Company agree: <br />Service Documentation. The Service Documentation includes: <br />1.1 The Service Description for each Service. <br />1.2 The Acceptance. <br />1.3 This Master Agreement for Treasury Management Services ("Master Agreement"). <br />1.4 The account agreement for the business or commercial deposit account(s) (each, an "Account") that <br />Company or Company's affiliate or subsidiary maintains at Bank or Bank's affiliate in connection with a <br />Service. The account agreement includes the Dispute Resolution Program that Company and Bank agree <br />to use to resolve any disagreements between Company and Bank regarding accounts and Services <br />governed by the Service Documentation. <br />1.5 User Guides which include software, software licenses, reset diskettes, price schedules, specifications, <br />instructions, and notices. <br />1.6 The set-up form(s) for each Service. <br />The Service Documentation also applies to any Service that is provided by an affiliate of Bank and any Service that is <br />used by an affiliate or a subsidiary of Company. "Bank" incudes each such affiliate, and "Company" includes each <br />such affiliate and subsidiary. All terms defined in this Master Agreement shall have the same meaning when used in <br />the Service Documentation. If there is a conflict among the documents that make up the Service Documentation, the <br />documents will govern in the order set forth above. Company acknowledges receiving a copy of the Service <br />Documentation for each Service it requested when it entered into this Master Agreement. <br />2. Services. Bank and Company will agree upon the Service(s) to be provided. <br />3. Changes to Services. Bank may change (or add to) the terms and fees in the Service Documentation at any time <br />upon prior written notification. If Company discontinues using the affected Service before the change becomes <br />effective, it will not be bound by the change. If Company continues to use a Service after the change becomes <br />effective, it will be bound by the change. <br />4. Term and Termination. Unless terminated sooner in accordance with the Service Documentation, this Master <br />Agreement and all Services will continue in effect until terminated by either party upon thirty (30) days prior written <br />notice to the other party (unless a Service is terminated sooner in accordance with the Service Documentation). <br />Bank may terminate any Service following notice to Company of a breach of any provision of the Service <br />Documentation and Company's failure to cure the breach within fifteen (15) days of the date of such notice. Bank <br />may also terminate any Service without notice to Company if Company is subject to a petition under the U. S. <br />Bankruptcy Code or if Bank determines, in its sole discretion, that a material adverse change has occurred in <br />Company's ability to perform its obligations under the Service Documentation. The termination of a Service will not <br />affect Company's or Bank's rights with respect to transactions which occurred before termination. Bank shall not be <br />liable to Company for any losses or damages Company may incur as a result of any termination of any Service. <br />Service Fees. Company shall pay Bank the fees described in the Service Documentation and any taxes applicable <br />to each Service, however designated, exclusive of taxes based on Bank's net income. Bank may debit Company's <br />account(s) with Bank for any fees not covered by earnings credits and any taxes that are due, or it may send an <br />invoice to Company for such amounts, which Company shall promptly pay. Bank may assess finance charges at a <br />rate of 1.5% per month (18% per annum) or the highest rate permitted by law, whichever is less, on any invoiced fees <br />or taxes that are not paid within thirty (30) days of the due date and shall apply payments and other reductions of <br />amounts owed first to unpaid interest and then to other fees and charges. <br />Master Agreement TM-1450 revised4/2005 <br />Page 1 of 4 <br />
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