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72<br />

(r) Should the balance of the bank deposit exceed the bank deposit limit at any time and<br />

for any reason the amount exceeding the bank deposit limit shall be repayable upon<br />

demand in accordance with banking practice for such an account.<br />

(s) You agree to do any act or execute any document including the direct debit<br />

documentation to provide for or facilitate the transfer of funds from the nominated<br />

account to the bank deposit account.<br />

(t) You must not create any encumbrance over or affecting or otherwise dealing with<br />

the bank deposit.<br />

(u) For the avoidance of doubt, any fees and charges in connection with or related to<br />

the implementation of this clause, including the use of direct debit, shall be borne<br />

by you and recoverable where applicable by us including by set-off against the bank<br />

deposit account<br />

(v) Nothing in this clause affects our ability to exercise rights of set-off arising by law<br />

or under the <strong>merchant</strong> <strong>agreement</strong>.<br />

(w) Nothing in this clause 36 is intended to create a charge.<br />

(x) This <strong>agreement</strong> is intended to be a close-out netting contract for the purposes of the<br />

Payment Systems and Netting Act 1998 (Cth).

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