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

Bank’s Failure to Complete Transactions. (CONSUMER ACCOUNTS). To the extent that a Mobile Banking Service transaction is an “electronic fund transfer” under 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 guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: - Through no fault of ours, you do not have sufficient collected funds in the Account to complete the transaction; - The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; - Your Mobile Device, Internet service provider, Cellular service provider, telephone line, modem, router, or other equipment is not operating properly; - The Service is not working properly and you were aware of the malfunction when you initiated the transaction; - You do not properly follow the instructional materials provided in connection with Mobile Banking; - 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; - 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 Mobile Device or the host system have been lost; - A Payee mishandles or delays the handling of Payments sent by us; - Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; - Your Access Code has been reported lost or stolen; - We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; - You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; - Your Mobile Device service has been disconnected or there are deficiencies in the quality of your mobile data transmissions; - Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; - Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; 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 SYSTEM transaction is an “electronic fund transfer” under Federal Reserve Board 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 guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: -  Through no fault of ours, you do not have sufficient collected funds in the Account to complete the transaction; -  The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; -  Your Mobile DeviceEquipment, Access Device and/or Access Device System, including your Internet service provider, Cellular service provider, telephone line, modem, router, or other equipment is not operating properly; -  The Service is not working properly and you were aware of the malfunction when you initiated the transaction; -  You do not properly follow the instructional materials or Operating Instructions provided in connection with Mobile Bankingthe 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; -  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 Mobile Device Access Device’s hard drive or the host system have been lost; -  A Payee mishandles or delays the handling of Payments sent by us; -  Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; -  Your Access Code has been reported lost or stolen; -  We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; -  You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; -  Your Mobile Device telephone service has been disconnected or there are deficiencies in the quality of your mobile data transmissionstelephone line; -  Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; -  Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; 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 Federal Reserve Board 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 guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: - • Through no fault of ours, you do not have sufficient collected funds in the Account to complete the transaction; - • The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; - • Your Mobile DevicePC, Internet service provider, Cellular service provider, telephone line, modem, router, or other equipment is not operating properly; - • The Service is not working properly and you were aware of the malfunction when you initiated the transaction; - • You do not properly follow the instructional materials provided in connection with Mobile Internet Banking; - • 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; - • 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 Mobile Device PC’s hard drive or the host system have been lost; - • A Payee mishandles or delays the handling of Payments sent by us; - • Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; - • Your Access Code Password has been reported lost or stolen; - • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; - • You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; - • Your Mobile Device telephone service has been disconnected or there are deficiencies in the quality of your mobile data transmissionstelephone line; - • Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; - • Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; 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 SYSTEM transaction is an “electronic fund transfer” under Federal Reserve Board 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 guarantee provided elsewhere in this Agreement will not be applicable) if any of the following occurs: - • Through no fault of ours, you do not have sufficient collected funds in the Account to complete the transaction; - • The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; - • Your Mobile DeviceEquipment, Access Device and/or Access Device System, including your Internet service provider, Cellular service provider, telephone line, modem, router, or other equipment is not operating properly; - • The Service is not working properly and you were aware of the malfunction when you initiated the transaction; - • You do not properly follow the instructional materials or Operating Instructions provided in connection with Mobile Bankingthe 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; - • 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 Mobile Device Access Device’s hard drive or the host system have been lost; - • A Payee mishandles or delays the handling of Payments sent by us; - • Your funds are held or frozen, or a court order or other legal process prevents us from making a transaction; - • Your Access Code has been reported lost or stolen; - • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; - • You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; - • Your Mobile Device telephone service has been disconnected or there are deficiencies in the quality of your mobile data transmissionstelephone line; - • Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; - • Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; 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.