Bank Responsibilities; Liability; Limitations on Liability; Indemnity a. The Bank shall be responsible only for performing the services expressly set forth in this Agreement, and shall be liable only for its negligence in performing those services. The Bank shall not be responsible for the Business Entity's acts or omissions (including without limitation to the amount, accuracy, timeliness of transmittal or due authorization of any Entry received from the Business Entity) or those of any other person, including without limitation to any Federal Reserve Bank or transmission or communications facility, any Receiver or Receiving Depository Bank (including without limitation to the return of an Entry by such Receiver or Receiving Depository Banks), and no such person shall be deemed the Bank's agent. The Business Entity agrees to indemnify the Bank against any loss, liability or expense (including attorneys' fees and expenses) resulting from any claim of any person that the Bank is responsible for, any act of omission by the Business Entity or any other person described in this Section.
Bank Responsibilities; Liability; Limitations on Liability; Indemnity. In the performance of the Service, Bank shall be entitled to rely solely on the information, representations, and warranties provided by Customer pursuant to these Service Terms, and shall not be responsible for investigating or confirming the accuracy or completeness thereof.
Bank Responsibilities; Liability; Limitations on Liability; Indemnity. In the performance of the Service, Bank shall be entitled to rely solely on the information, representations, and warranties provided by Client pursuant to this Agreement, and shall not be responsible for investigating or confirming the accuracy or completeness thereof. Bank shall not be responsible for Client’s acts or omissions (including without limitation the amount, accuracy, timeliness of transmittal or authorization of any Entry received from Client) or those of any other person, including without limitation any Federal Reserve Bank (including any service provided by any Federal Reserve Bank), ACH or transmission or communications facility, any Receiver or RDFI (including without limitation the return of an Entry by such Receiver or RDFI), and no such person shall be deemed Bank’s agent. Client shall indemnify Bank against any loss, liability, or expense (including attorneys’ fees and expenses) resulting from or arising out of any claim of any person that the Bank is responsible for any act or omission of Client or any other person described in this subsection.
Bank Responsibilities; Liability; Limitations on Liability; Indemnity a) In the performance of the services required by this Online Banking Agreement, the Bank shall be entitled to rely solely on the information, representations, and warranties provided by the Customer pursuant to this Online Banking Agreement and shall not be responsible for the accuracy or completeness thereof. The Bank shall be responsible only for performing the services expressly provided for in this Online Banking Agreement and shall be liable only for its negligence or willful misconduct in performing those services. Except for the remedies provided expressly herein for breach of this Online Banking Agreement, the Customer agrees that the Bank will have no liability whatsoever for any loss, damage, or claim (collectively, a "Claim") arising out of this Agreement in accordance with the terms of this Online Banking Agreement, EVEN IF SUCH CLAIM ARISES, IN WHOLE OR IN PART, FROM THE BANK’S NEGLIGENCE. The Bank shall not be responsible for the Customer’s acts or omissions (including without limitation the amount, accuracy, timeliness of transmittal or authorization of any deposit received from the Customer) or those of any other person, and no such person shall be deemed the Bank’s agent. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE BANK AND ITS AFFILIATES AND SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, ABOUT ANY OF THE SERVICES, ANY PROCESSING EQUIPMENT, OR ANY PROCESSING SOFTWARE DESCRIBED IN THIS AGREEMENT, AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON- INFRINGEMENT. The Bank shall be liable only for the Customer’s actual damage; in no event shall the Bank be liable for any consequential, special, incidental, punitive, or indirect loss or damage which the Customer may incur or suffer in connection with this agreement, whether or not the likelihood of such damages was known or contemplated by the Bank and regardless of the legal or equitable theory of liability which the Customer may assert, including, without limitation, loss or damage from subsequent wrongful dishonor resulting from the Bank’s acts or omissions pursuant to this Online Banking Agreement. Without limiting the generality of the foregoing provisions, the 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 of communication facilities, equipment f...
Bank Responsibilities; Liability; Limitations on Liability; Indemnity. 13.1 In the performance of the Services required 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 Services expressly provided for in this Agreement, and shall be liable only for its gross negligence or willful misconduct in performing those services. Bank shall not be responsible for Customer's acts or omissions (including, without limitation, the amount, accuracy, timeliness of transmittal, or authorization of any Entry received from Customer) or those of any other person, including, without limitation, any Federal Reserve Bank, ACH Operator or transmission or communications facility, any Receiver or RDFI (including, without limitation, the return of an Entry by such Receiver or RDFI), and no such person shall be deemed Bank's agent. In addition to the terms of this Agreement, Customer agrees to indemnify, defend, and hold harmless Bank against any loss, liability, or expense (including attorneys' fees and costs) resulting from or arising out of (a) Customer's acts or omissions, and (b) any claim of any person that the Bank is responsible for any act or omission of Customer or any other person as described in this Section.
Bank Responsibilities; Liability; Limitations on Liability; Indemnity. (a) In the performance of all services required by this Agreement, Bank shall be entitled to rely solely on the information, user identification, passwords, authority presentations and warranties provided by Customer pursuant to this Agreement. The Customer agrees to hold the Bank harmless and indemnify the Bank for any and all claims, demands, expenses, (including but not limited to attorneys fees and costs), loss or damage of any nature whatsoever arising directly or indirectly from any transfer request initiated pursuant to this agreement, any addenda to this agreement, or other matters related to this agreement, except for liability to the Customer caused by gross negligence of the Bank., however, in no event will the Bank be liable for any consequential or special damages. The Bank shall be liable only for its gross negligence or willful misconduct in performing these services. 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 received from Customer) or those of another person. The Customer is solely responsible for maintaining the confidentiality and security of the Customer account and password information, and agrees to indemnify, save and hold the Bank harmless from any loss, cost or expense incurred by the Bank on account thereof.
