Bank Responsibilities. The Bank's duties and responsibilities shall only be those expressly set forth in this Agreement. The Bank hereby agrees that it shall at all times during the term of this Agreement exercise its reasonable care and efforts in performing its obligations hereunder. The Bank will perform such obligations and responsibilities in accordance with all applicable laws, including, but not limited to, Securities and Exchange Commission rules and regulations. The Bank intends to rely on the Securities and Exchange Commission no-action letters entitled Sife Trust Fund (Feb. 17, 1982), Norwest Bank Minnesota, N.A. (May 25, 1995) and The Chase Manhattan Bank (July 24, 2001) in performing its responsibilities under this Agreement. Neither the Bank nor its agents shall be responsible for any loss or liability arising from their performance of the Bank's duties under this Agreement, except for direct loss or liability (but not consequential or punitive damages) arising from the Bank's, or its agent's, willful misfeasance, bad faith or gross negligence in the performance of the Bank's duties under this Agreement. In no event shall the Bank be liable for special, indirect or consequential damages, or lost profits or loss of business, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages and regardless of the form of action.
Bank Responsibilities. A. Bank will provide access to the processing software for the Mobile Deposit Service through Bank’s Mobile App. Bank will also provide maintenance and support for the Mobile Deposit Service to ensure the accurate processing of checks, including but not limited to:
Bank Responsibilities. (i) Upon mutual agreement, Bank may provide transmission testing and training support for Client’s implementation of the Service.
Bank Responsibilities. Bank will make the decision to pay each Check drawn on the Account based on an automated computer comparison of the pertinent information appearing on such Checks and the Check Issue File. Bank may pay and charge to the Account each Presented Check that matches the Check information in the Check Issue File. Bank’s failure to report a discrepancy will not discharge Client’s obligation on any Check and shall not obligate Bank to return any Check if it is otherwise properly payable.
Bank Responsibilities. In reliance on the information provided by Company, excluding valid stop Payment Orders and issue records voided by Company request, all Items, excluding those that have been electronically converted, that match by Check number, amount and payee to the Check Issue File will be deemed properly payable and Bank is authorized to pay all such items. Company acknowledges that Bank will not be able to compare payee information for handwritten or electronically converted Items presented to Bank’s for payment. Exception Items Each Business Day Bank shall make reasonable efforts to report to Company any Items that do not match the Check Issue File and, if requested and available, provide the front and back images of those Items for that day’s presentment; provided, however, no images shall be provided in the case of electronically converted Items. Company agrees to review and make payment decisions on the Exception items prior to Bank’s established Cut-off’s which are detailed within the Business Online Banking programs. If Company requests a default setup for Bank to pay all Exception Items, then Bank is authorized to finally pay any Exception Item unless Company have instructed Bank to return the Exception Item prior to the established Cut-off. Bank may rely on any instruction received from Company that Bank reasonably believes to be genuine. Bank shall have no responsibility for any liability, loss or damage resulting from:
Bank Responsibilities i. Subject to the terms and conditions of this Agreement, Bank will act upon a Funds Transfer Request after receipt by making applicable accounting entries or by transmitting payment instructions to the applicable bank or other third party on the Value Date. Bank will acknowledge receipt of each Funds Transfer Request and each other message initiated by electronic data transmission by you to Bank by sending you a control number or an acknowledgment message by electronic data transmission.
Bank Responsibilities. In the performance of the Service addressed by this Agreement, Bank shall be entitled to rely solely on the information, representations, and warranties provided by Customer pursuant to this Agreement, and shall not be responsible for the accuracy or completeness thereof. Bank shall be responsible only for performing the Service as expressly provided for in this Agreement. Bank shall not be responsible for Customer’s acts or omissions (including, without limitation, the amount, accuracy, timeliness of transmittal or authorization of any instruction or transaction received from Customer or through Customer’s Authentication Devices) or those of any other person, including without limitation any Federal Reserve Bank or transmission or communications facility, and no such person shall be deemed Bank’s agent. Customer agrees to indemnify and defend Bank against any loss, liability or expense (including reasonable attorney’s fees and expenses) resulting from or arising out of any claim of any person that Bank is responsible for any act or omission of Customer or any other person described. Customer acknowledges and agrees that Bank’s provision of the Service hereunder may be interrupted from time to time. Without limiting the generality of the foregoing, Bank shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment or software error or malfunction, war, acts of terrorism, emergency conditions or other circumstances beyond Bank’s reasonable control. From time to time Bank may need to temporarily suspend the Service or the processing of a transaction for greater scrutiny or verification, including, but not limited to, suspending processing to review for suspected fraudulent activity, verification that Available Funds are sufficient as well as fully collected and valid, or for OFAC compliance in accordance with applicable OFAC guidance, and Bank shall be excused if this action causes delay in the settlement and/or availability of the transaction. In addition, Bank shall be excused from failing to transmit or delay in transmitting a payment, transfer or other use of the Service (i) if, in Bank’s reasonable judgment, processing a payment, transfer or other use of the Service would violate or contribute to the violation of any present or future risk control program of the Federal Reserve or any applicable rule, law, regulation, or regulatory requi...
Bank Responsibilities. (a) Bank will deliver to Customer, or otherwise provide access to, the Processing Software.
Bank Responsibilities. (a) Conduct its lending business in compliance with all applicable federal, state and local laws and regulations governing its business, including but not limited to, the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, and consumer protection laws.
