Bank’s Liability. If we do not complete a transaction arising from the use of the Card on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
Bank’s Liability. We will not be liable to you for any of the following: (i) any damages, costs or other consequences caused by or related to our actions that are based on information or instructions that you provide to us; (ii) any unauthorized actions initiated or caused by you or your employees, representatives, third party service providers or agents; (iii) the failure of third parties or vendors to perform satisfactorily, other than persons to whom we have delegated the performance of specific obligations provided for in these Terms; (iv) failure or errors on the part of ISPs, telecommunications providers or any other party’s own internal systems; or (v) 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 any entry by such receiver or RDFI), and no such person shall be deemed Bank’s agent. Whether for breach, negligence, or infringement by us, in tort or otherwise, any losses arising during any twelve (12) month period shall be limited to the average monthly charge for the Services in question for the six (6) month period preceding the date of loss. We shall not be responsible, under any circumstances, for any loss of goodwill or for any special, consequential or indirect damages that you incur in connection with these Terms or the Services. Except as otherwise specifically provided in these Terms, in no event will either party be liable to the other for any consequential, indirect, incidental, special, exemplary or punitive damages, including without limitation, any loss of use or loss of business, revenue, profits, opportunity or goodwill, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if such party has been advised of, or should have known of the possibility of, such damages. You agree that the amount of any claim you have against us in connection with any account or transaction is subject to reduction on the basis of your negligence or failure to use reasonable care, the extent to which damages could not be avoided by your use of ordinary care and reasonable commercial standards, and your failure to comply with your notice and reporting requirements under these Terms. You agree to pursue your rights under ...
Bank’s Liability. In addition to any limitations in this Agreement, the Bank will not be liable to you for: (i) any refusal of a Paying Bank to pay an Image Exchange Item or Substitute Check for any reason (other than the gross negligence or willful misconduct of the Bank), including, without limitation, that the Original Check, Image Exchange Item or Substitute Check was allegedly unauthorized, was a counterfeit, had been altered or had a forged signature; or (ii) the Bank acting as a “reconverting bank” under the Check 21 Act through the creation of Substitute Checks or purported substitute checks using an electronic image or an illegible electronic image or an Image Exchange Item.
Bank’s Liability. A. Failure to Make Stop Payments If you order us to stop one of these payments according to the limitations in section 3 above and we do not do so, we will be liable for your losses or damages up to the value of the payment.
Bank’s Liability. Bank will not be liable for failure to detect or prevent any unauthorized use of a Debit Card or for invalid transactions using fraudulent cards. Bank will not be responsible for monitoring Debit Card use or usage patterns. BANK WILL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER ARISING UNDER ANY CLAIM IN CONTRACT OR TORT OR OTHERWISE, EVEN IF BANK OR ITS AGENTS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, Bank will not be liable for failure to complete any transaction under any of the following instances:
Bank’s Liability a. The Bank will not be liable to you for any of the following: (1) any damages, costs or other consequences caused by or related to the Bank’s actions that are based on information or instructions that you provide to the Bank; (2) any unauthorized actions initiated or caused by you or your employees or agents; (3) the failure of third persons or vendors to perform satisfactorily, other than persons to whom the Bank has delegated the performance of specific obligations provided in this Schedule E to this CMTS Agreement; (4) any refusal of a Payor Financial Institution to pay an Image Exchange Item or Substitute Check for any reason (other than the breach of contract, gross negligence or willful misconduct of the Bank), including without limitation, that the Original Check, Image Exchange Item or Substitute Check was allegedly unauthorized, was a counterfeit, had been altered, or had a forged signature; (5) your or any other party’s lack of access to the Internet or inability to transmit or receive data; (6) failures or errors on the part of Internet Office Deposit Service providers, telecommunications providers or any other party’s own internal systems, or (7) if you do not follow or comply with the representations or warranties set forth above in Section 10 of this Schedule E to this CMTS Agreement
Bank’s Liability. In the performance of the Services required by the Agreement, Bank shall be entitled to rely solely on the information; representations and warranties provided by Third-Party Sender pursuant to the Agreement and shall not be responsible for the accuracy or completeness of such information. Except as otherwise specifically provided by law, Bank shall be responsible only for performing the Services expressly provided for in the Agreement and shall be liable only in the event of loss due to its gross negligence or willful misconduct in performing those Services. Bank not be liable for the Third-Party Sender’s acts or omissions, or those of any other person, including, without limitation, a Client. In no event shall Bank have any liability for any consequential, special, incidental, punitive or indirect damages Third-Party Sender may incur or suffer in connection with the Agreement whether or not the likelihood of such damages was known or contemplated by Bank and regardless of the legal or equitable theory of liability Third-Party Sender may assert, including without limitation loss or damage from subsequent wrongful dishonor resulting from Bank’s acts or omission pursuant to the Agreement. Bank shall not be liable for any damages or other losses to Third-Party Sender due to claims made by any of its Clients in connection with any arrangement or agreement between Client and Third-Party Sender under which the Third-Party Sender transmits Entries or Files pursuant to the Agreement. Third-Party Sender agrees to indemnify and hold harmless Bank against any loss, liability or expense (including attorneys’ fees and expenses) resulting from or arising out of any claim if any Client that Bank is responsible for any act or omission of Third-Party Sender or any other person described in this section. If, for any reason, Bank is adjudged liable to Third-Party Sender, it shall only be to the extent that the amount of the damages resulting from such liability arise out of Bank’s gross negligence or willful misconduct and, in such cases, damages will be limited to the amount of the aggregate monthly fees and charges paid by Third- Party Sender for the Services for the immediate three (3) month period prior to the event giving rise to Third-Party Sender’s claim. In no event shall Bank be liable for consequential damages, exemplary damages or lost profits, even if Third-Party Sender advises Bank of the possibility of such damages. The provisions of this Section shall survive...
Bank’s Liability d. The Bank may act upon any instrument or other writing believed by it in good faith and upon reasonable investigation to be genuine and to have been signed or presented by a person purporting to be the Collateral Agent or the Customer (or any agent thereof). The Bank shall have no liability in the event that at the time it receives and has an opportunity to act on a Notice of Blockage or a Notice to Direct Funds, the Customer has made withdrawals of collected funds in any Deposit Account so that the amount of collected funds in such Deposit Account is less than the amount of collected funds on the date hereof or is zero. The Bank’s duties shall be determined only with reference to this Agreement and any applicable Requirement of Law, and the Bank shall not be charged with knowledge of, or any duties or responsibilities in connection with, any other document or agreement. If in doubt as to its duties and responsibilities hereunder, the Bank may consult with counsel of its choice and shall be protected in any action taken or omitted to be taken in connection with the advice or opinion of such counsel, except if arising from the gross negligence or willful misconduct of the Bank (to the extent determined by a court of competent jurisdiction in a final and non-appealable judgment).
Bank’s Liability. 17.1. The Parties must fulfil their obligations deriving from the Agreements duly, in good faith and reasonably by meeting the due diligence requirements and considering the generally accepted principles and practice.
Bank’s Liability. If the Bank does not complete a transfer to or from your account on time or in the correct amount according to the Bank’s agreement with you, the Bank will be liable for your losses or damages. However, there are some exceptions. The Bank will not be liable, for instance:
