Common use of Bank’s Failure to Complete Transactions Clause in Contracts

Bank’s Failure to Complete Transactions. To the extent that a Service transaction is an “electronic fund transfer” under Reg E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any Payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: .1. Through no fault of ours, the Account selected by you does not contain sufficient available funds to complete the Payment or Transfer; .2. The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; .3. Your Equipment, including without limitation, PC, Internet service provider, telephone line, modem is not operating properly; .4. The Service is not working properly and you were aware of the malfunction when you initiated the transaction; .5. You do not properly follow the instructional materials or Operating Instructions provided in connection with Online Banking; .6. You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date; .7. You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions stored on your PC’s hard drive or the host system have been lost; .8. A Payee mishandles or delays the handling of Payments sent by us; .9. Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; .10. Your Access Code has been reported lost or stolen; .11. We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; .12. You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; .13. Your telephone service has been disconnected or there are deficiencies in the quality of your telephone line; .14. Circumstances beyond our control (such as telecommunication, Internet or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; .15. Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or .16. Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages).

Bank’s Failure to Complete Transactions. (CONSUMER ACCOUNTS). To the extent that a an Online Banking Service transaction is an “electronic fund transfer” under Reg Consumer Financial Protection Bureau Regulation E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any Payment payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: .1. a. Through no fault of ours, you do not have sufficient collected funds in the Account selected by you does not contain sufficient available funds to complete the Payment or Transfertransaction; .2. b. The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; .3. c. Your EquipmentInternet service provider, including without limitation, PC, Internet Cellular service provider, telephone line, modem modem, router, or other equipment is not operating properly; .4. d. The Service is not working properly and you were aware of the malfunction when you initiated the transaction; .5. e. You do not properly follow the instructional materials or Operating Instructions provided in connection with Online Banking; .6. f. You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date; .7. g. You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions that may be stored on your PC’s hard drive Device or the host system have been lost; .8. h. A Payee mishandles or delays the handling of Payments sent by us; .9. i. Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; .10. j. Your Access Code has been reported lost or stolen; .11. k. We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; .12. l. You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; .13. m. Your telephone Internet or Mobile Device service has been disconnected or there are deficiencies in the quality of your telephone linedata transmissions; .14. n. Circumstances beyond our control (such as telecommunication, Internet telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; .15. o. Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or .16. p. Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). q. There may be other exceptions to liability stated in this Agreement, or in other agreements we have with you, or otherwise provided by applicable law.

Bank’s Failure to Complete Transactions. To the extent that a Service transaction is an “electronic fund funds transfer” under Reg Consumer Financial Protection Bureau Regulation E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any Payment payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: .1. Through no fault of ours, you do not have sufficient collected funds in the Account selected by you does not contain sufficient available funds to complete the Payment or Transfertransaction; .2. The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; .3. Your Equipment, including without limitation, PCAccess Device, Internet service provider, telephone line, modem modem, or other equipment is not operating properly; .4. The Service is not working properly and you were aware of the malfunction when you initiated the transaction; .5. You do not properly follow the instructional materials or Operating Instructions provided in connection with Online Banking; .6. You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date; .7. You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions stored on your PCAccess Device’s hard drive or the host system have been lost; .8. A Payee mishandles or delays the handling of Payments sent by us; .9. Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; .10. Your Access Code has Credentials have been reported lost or stolen; .11. We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; .12. You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; .13. Your telephone service or other utility service you use in connection with the Service has been disconnected or there are deficiencies in the quality of your telephone line; .14. Circumstances beyond our control (such as telecommunication, Internet telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; .15. Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or .16. Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages).

Bank’s Failure to Complete Transactions. To the extent that a Service transaction is an “electronic fund transfer” under Reg REG E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any Payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: .1. Through no fault of ours, the Account selected by you does not contain sufficient available funds to complete the Payment or Transfer; .2. The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; .3. Your Equipment, including without limitation, PC, Internet service provider, telephone line, modem is not operating properly; .4. The Service is not working properly and you were aware of the malfunction when you initiated the transaction; .5. You do not properly follow the instructional materials or Operating Instructions provided in connection with Online Banking; .6. You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date; .7. You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions stored on your PC’s hard drive or the host system have been lost; .8. A Payee mishandles or delays the handling of Payments sent by us; .9. Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; .10. Your Access Code has been reported lost or stolen; .11. We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; .12. You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; .13. Your telephone service has been disconnected or there are deficiencies in the quality of your telephone line; .14. Circumstances beyond our control (such as telecommunication, Internet or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; .15. Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or .16. Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). There may be other exceptions to liability stated in this Agreement, or in other agreements we have with you, or otherwise provided by applicable law.

Bank’s Failure to Complete Transactions. To the extent that a Service SYSTEM transaction is an “electronic fund transfer” under Reg Consumer Financial Protection Bureau Regulation E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any Payment payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: .1. : • Through no fault of ours, you do not have sufficient collected funds in the Account selected by you does not contain sufficient available funds to complete the Payment or Transfer; .2. transaction; • The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; .3. ; • Your Equipment, Access Device and/or Access Device System, including without limitation, PC, your Internet service provider, telephone line, modem modem, or other equipment is not operating properly; .4. ; • The Service is not working properly and you were aware of the malfunction when you initiated the transaction; .5. ; • You do not properly follow the instructional materials or Operating Instructions provided in connection with Online Banking; .6. the Service; • You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date; .7. ; • You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions stored on your PCAccess Device’s hard drive or the host system have been lost; .8. ; • A Payee mishandles or delays the handling of Payments sent by us; .9. ; • Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; .10. ; • Your Access Code has been reported lost or stolen; .11. ; • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; .12. ; • You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; .13. ; • Your telephone service has been disconnected or there are deficiencies in the quality of your telephone line; .14. ; • Circumstances beyond our control (such as telecommunication, Internet telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; .15. ; • Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or .16. or • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). There may be other exceptions to liability stated in this Agreement, or in other agreements we have with you, or otherwise provided by applicable law.

Bank’s Failure to Complete Transactions. (CONSUMER ACCOUNTS). To the extent that a Mobile Banking Service transaction is an “electronic fund transfer” under Reg Consumer Financial Protection Bureau Regulation E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any Payment payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: .1. a. Through no fault of ours, you do not have sufficient collected funds in the Account selected by you does not contain sufficient available funds to complete the Payment or Transfertransaction; .2. b. The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; .3. c. Your Equipment, including without limitation, PCMobile Device, Internet service provider, Cellular service provider, telephone line, modem modem, router, or other equipment is not operating properly; .4. d. The Service is not working properly and you were aware of the malfunction when you initiated the transaction; .5. e. You do not properly follow the instructional materials or Operating Instructions provided in connection with Online Mobile Banking; .6. f. You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date; .7. g. You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions that may be stored on your PC’s hard drive Mobile Device or the host system have been lost; .8. h. A Payee mishandles or delays the handling of Payments sent by us; .9. i. Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; .10. j. Your Access Code has been reported lost or stolen; .11. k. We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; .12. l. You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; .13. m. Your telephone Mobile Device service has been disconnected or there are deficiencies in the quality of your telephone linemobile data transmissions; .14. n. Circumstances beyond our control (such as telecommunication, Internet telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; .15. o. Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or .16. p. Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). There may be other exceptions to liability stated in this Agreement, or in other agreements we have with you, or otherwise provided by applicable law.

Bank’s Failure to Complete Transactions. To the extent that a Service transaction is an “electronic fund transfer” under Reg E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any Payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: .1. Through no fault of ours, the Account selected by you does not contain sufficient available funds to complete the Payment or Transfertransaction; .2. The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; .3. Your Equipment, including without limitation, PCElectronic Device, Internet service provider, telephone line, modem is not operating properly; .4. The Service is not working properly and you were aware of the malfunction when you initiated the transaction; .5. You do not properly follow the instructional materials or Operating Instructions provided in connection with Online Digital Banking; .6. You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date; .7. You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions stored on your PCElectronic Device’s hard drive or the host system have been lost; .8. A Payee mishandles or delays the handling of Payments sent by us; .9. Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; .10. Your Access Code has been reported lost or stolen; .11. We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; .12. You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; .13. Your telephone service has been disconnected or there are deficiencies in the quality of your telephone line; .14. Circumstances beyond our control (such as telecommunication, Internet or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; .15. Making Completing a transfer transaction would cause us to violate any law, rule, or regulation to which we are subject; or .16. Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages).

Bank’s Failure to Complete Transactions. To the extent that a Service transaction is an “electronic fund transfer” under Reg E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any Payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: .1. Through no fault of ours, the Account selected by you does not contain sufficient available funds to complete the Payment or Transfer; .2. The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; .3. Your Equipment, including without limitation, PCany Access Device, Internet service provider, telephone line, modem is not operating properly; .4. The Service is not working properly and you were aware of the malfunction when you initiated the transaction; .5. You do not properly follow the instructional materials or Operating Instructions provided in connection with Online Banking; .6. You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date; .7. You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions stored on your PCAccess Device’s hard drive or the host system have been lost; .8. A Payee mishandles or delays the handling of Payments sent by us; .9. Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; .10. Your Access Code has been reported lost or stolen; .11. We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; .12. You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; .13. Your telephone service has been disconnected or there are deficiencies in the quality of your telephone line; .14. Circumstances beyond our control (such as telecommunication, Internet or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; .15. Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or .16. Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages).

Bank’s Failure to Complete Transactions. (CONSUMER ACCOUNTS). To the extent that a Mobile Banking Service transaction is an “electronic fund transfer” under Reg Federal Reserve Board Regulation E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any Payment payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: .1. (a) Through no fault of ours, you do not have sufficient collected funds in the Account selected by you does not contain sufficient available funds to complete the Payment or Transfertransaction; .2. (b) The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; .3. (c) Your Equipment, including without limitation, PCMobile Device, Internet service provider, Cellular service provider, telephone line, modem modem, router, or other equipment is not operating properly; .4. (d) The Service is not working properly and you were aware of the malfunction when you initiated the transaction; .5. (e) You do not properly follow the instructional materials or Operating Instructions provided in connection with Online Mobile Banking; .6. (f) You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date; .7. (g) You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions that may be stored on your PC’s hard drive Mobile Device or the host system have been lost; .8. (h) A Payee mishandles or delays the handling of Payments sent by us; .9. (i) Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; .10. (j) Your Access Code has been reported lost or stolen; .11. (k) We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; .12. (l) You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; .13. (m) Your telephone Mobile Device service has been disconnected or there are deficiencies in the quality of your telephone linemobile data transmissions; .14. (n) Circumstances beyond our control (such as telecommunication, Internet telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; .15. (o) Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or .16. (p) Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). (q) For delays due to OFAC (Office of Foreign Assets Control) or other screening processes deemed necessary by the Bank or governed by law.

Bank’s Failure to Complete Transactions. To the extent that a Service transaction is an “"electronic fund transfer” " under Reg E that relates to an Account established primarily for personal, family, or household purposesby a Consumer, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any Payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: 1. .1. Through no fault of ours, the Account selected by you does not contain sufficient available funds to complete the Payment or Transfer; 2. .2. The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; 3. .3. Your Equipmentequipment, including without limitation, PC, Internet service provider, telephone line, modem is not operating properly; 4. .4. The Service is not working properly and you were aware of the malfunction when you initiated the transaction; 5. .5. You do not properly follow the instructional materials or Operating Instructions provided in connection with Online Banking; 6. .6. You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date; 7. .7. You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions stored on your PC’s hard drive or the host system have been lost; 8. .8. A Payee mishandles or delays the handling of Payments sent by us; 9. .9. Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; 10. .10. Your Access Code has been reported lost or stolen; 11. .11. We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; 12. .12. You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; 13. .13. Your telephone service has been disconnected or there are deficiencies in the quality of your telephone line; 14. .14. Circumstances beyond our control (such as telecommunication, Internet or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; 15. .15. Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or 16. .16. Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). There may be other exceptions to liability stated in this Agreement, or in other agreements we have with you, or otherwise provided by applicable law.

Bank’s Failure to Complete Transactions. To the extent that a Service transaction is an “electronic fund transfer” under Reg E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any Payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: .1. (i) Through no fault of ours, the Account selected by you does not contain sufficient available funds to complete the Payment or Transfer; .2. (ii) The transaction would exceed the credit limit on any overdraft line of credit linked to the Account;Account;‌ .3. (iii) Your Equipment, including without limitation, PC, Internet service provider, telephone line, modem is not operating properly; .4. (iv) The Service is not working properly and you were aware of the malfunction when you initiated the transaction; .5. (v) You do not properly follow the instructional materials or Operating Instructions provided in connection with Online Banking; .6. (vi) You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date; .7. (vii) You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions stored on your PC’s hard drive or the host system have been lost;lost;‌ .8. (viii) A Payee mishandles or delays the handling of Payments sent by us; .9. (ix) Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction;transaction;‌ .10. (x) Your Access Code has been reported lost or stolen; .11. (xi) We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; .12. (xii) You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; .13. (xiii) Your telephone service has been disconnected or there are deficiencies in the quality of your telephone line; .14. (xiv) Circumstances beyond our control (such as telecommunication, Internet or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; .15. (xv) Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or .16. (xvi) Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages).

Bank’s Failure to Complete Transactions. To the extent that a Service transaction is an “electronic fund transfer” under Reg Consumer Financial Protection Bureau Regulation E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any Payment payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: .1. : • Through no fault of ours, you do not have sufficient collected funds in the Account selected by you does not contain sufficient available funds to complete the Payment or Transfer; .2. transaction; • The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; .3. ; • Your Equipment, including without limitation, PC, Internet service provider, telephone line, modem modem, or other equipment is not operating properly; .4. ; • The Service is not working properly and you were aware of the malfunction when you initiated the transaction; .5. ; • You do not properly follow the instructional materials or Operating Instructions provided in connection with Online Internet Banking; .6. ; • You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date; .7. ; • You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions stored on your PC’s hard drive or the host system have been lost; .8. ; • A Payee mishandles or delays the handling of Payments sent by us; .9. ; • Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; .10. ; • Your Access Code Password has been reported lost or stolen; .11. ; • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; .12. ; • You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; .13. ; • Your telephone service has been disconnected or there are deficiencies in the quality of your telephone line; .14. ; • Circumstances beyond our control (such as telecommunication, Internet telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; .15. ; • Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or .16. or • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). There may be other exceptions to liability stated in this Agreement, or in other agreements we have with you, or otherwise provided by applicable law.

Bank’s Failure to Complete Transactions. To the extent that a Service transaction is an “electronic fund transfer” under Reg CFPB Regulation E that relates to an Account established primarily for personal, family, or household purposes, if we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any Payment payment guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: .1. Through no fault of ours, you do not have sufficient collected funds in the Account selected by you does not contain sufficient available funds to complete the Payment or Transfertransaction; .2. The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; .3. Your Equipment, including without limitation, PC, Internet service provider, telephone line, modem modem, or other equipment is not operating properly; .4. The Service is not working properly and you were aware of the malfunction when you initiated the transaction; .5. You do not properly follow the instructional materials or Operating Instructions provided in connection with Online Banking; .6. You do not authorize a Payment within a sufficient period of time for your Payment to be received by the payee by the due date; .7. You have not provided us with the correct Payee name, address, account information, Payment amount, or other instructions necessary to complete the Payment, or the foregoing instructions stored on your PC’s hard drive or the host system have been lost; .8. A Payee mishandles or delays the handling of Payments sent by us; .9. Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; .10. Your Access Code has been reported lost or stolen; .11. We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; .12. You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; .13. Your telephone service has been disconnected or there are deficiencies in the quality of your telephone line; .14. Circumstances beyond our control (such as telecommunication, Internet telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; .15. Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or .16. Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). There may be other exceptions to liability stated in this Agreement, or in other agreements we have with you, or otherwise provided by applicable law.