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IMPORTANT NOTICE REGARDING PAYMENT: Carroll Engineering Co. (“CE”) has provided or is providing you with goods and/or services subject to our agreement that, notwithstanding any document, writing or oral statement to the contrary, CE has the right to apply payments made by you or on your behalf on account of any debt owed by you to CE as CE deems appropriate and in its sole discretion, irrespective of when such debt arose. You agree and acknowledge that CE is not bound by any order, statement, instruction, direction, notation or memorandum on any check or other negotiable instrument (collectively, “Non-consensual Notations”) with respect to the application of payments or other condition and that any Non-consensual Notations are made for your own convenience and do not constitute a contract or novation or meeting of the minds nor do they reflect the intent of the parties. You further agree and understand that CE will disregard Non-consensual Notations and CE may credit any payment it receives to your account as CE deems appropriate and that your internal crediting of that payment will not control if a dispute arises regarding when a payment was made or how it was applied. All payments made by you or your agent to CE are subject to and governed by this clear and unambiguous term.

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