Common use of Bank’s Liability for Failure to Complete a Transaction Clause in Contracts

Bank’s Liability for Failure to Complete a Transaction. If the Bank does not complete a Transfer on time, or in the correct amount according to my instructions, the Bank may be liable for my losses or damages up to the amount of the Transfer. Except as otherwise expressly provided for under my Bill Payment Services Agreement, The Bank is not liable to me for any special, incidental, exemplary, punitive, or consequential losses or damages of any kind. However, there are some exceptions to the Bank’s liability. The Bank will not be liable, for instance, if:  Through no fault of the Bank, there are not sufficient funds in the Deposit Account to make the Transfer, or the account has been closed.  Through no fault of the Bank, the Transfer would go over the credit limit or available amount on any applicable overdraft line for my Deposit Account(s).  I have not properly followed the scheduling instructions and requirements for making a Transfer according to this Agreement.  Circumstances beyond the Bank’s control prevented the Transfer, despite reasonable precautions that The Bank has taken. Such circumstances include telecommunication outages, power outages, equipment failures, postal strikes, delays caused by other financial institutions, fires, and floods.  The Bank has placed a "hold" on any funds in my Deposit Account(s) in accordance with the Bank’s rights under applicable laws or any other agreements between The Bank and me.  The Bank has received incomplete or inaccurate information from me or a third party involving the Transfer.  A court order, such as a garnishment or other legal process, prevents The Bank from making a Transfer.  The Bank has a reasonable basis for believing that unauthorized use of my User ID, Password, biometrics, or Deposit Account(s) has occurred or may be occurring.  I default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with Bank.  The Bank or I terminate this Agreement. There may be other exceptions, in addition to those listed above, stated in any of the Bank’s other agreements with me, or as permitted by law. If any of the above circumstances occur, the Bank will assist me if requested with reasonable efforts in taking appropriate corrective action to reprocess a Transfer that may not have been completed, or to correct any incorrect Transfer that has been processed.

Bank’s Liability for Failure to Complete a Transaction. If the Benchmark Bank does not complete a Transfer on time, or in the correct amount according to my instructions, the Bank may be liable for my losses or damages up to the amount of the Transfer. Except as otherwise expressly provided for To the fullest extent possible under my Bill Payment Services Agreementapplicable law, The Bank is not liable to me for any special, incidental, exemplary, punitive, or consequential losses losses, or damages of any kind. However, there are some exceptions to the Bank’s liability. The Bank will not be liable, for instance, if:  • Through no fault of the Bank, there are not sufficient funds in the Deposit Account to make the Transfer, or the account has been closed.  • Through no fault of the Bank, the Transfer would go over the credit limit or available amount on any applicable overdraft line for my Deposit Account(s).  • I have not properly followed the scheduling instructions and requirements for making a Transfer according to this Agreement.  • Circumstances beyond the Bank’s control prevented the Transfer, despite reasonable precautions that The Bank has taken. Such circumstances include telecommunication outages, power outages, equipment failures, postal strikes, delays caused by other financial institutions, fires, and floods.  The • Bank has placed a "hold" on any funds in my Deposit Account(s) in accordance with the Bank’s rights under applicable laws or any other agreements between The Bank and me.  The • Bank has received incomplete or inaccurate information from me or a third party involving the Transfer.  • A court order, such as a garnishment or other legal process, prevents The Bank from making a Transfer.  The • Bank has a reasonable basis for believing that unauthorized use of my User ID, Password, biometricsAAI, or Deposit Account(s) has occurred or may be occurring.  • I default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with Bank.  The • Bank or I terminate this Agreement. There may be other exceptions, in addition to those listed above, stated in any of the Bank’s other agreements with me, or as permitted by law. If any of the above circumstances occur, the Bank will assist me if requested with reasonable efforts in taking appropriate corrective action to reprocess a Transfer that may not have been completed, or to correct any incorrect Transfer that has been processed.

Bank’s Liability for Failure to Complete a Transaction. If the Bank does not complete a Transfer on time, or in the correct amount according to my instructions, the Bank may be liable for my losses or damages up to the amount of the Transfer. Except as otherwise expressly provided for under my Bill Payment Services Agreement, The Bank is not liable to me for any special, incidental, exemplary, punitive, or consequential losses or damages of any kind. However, there are some exceptions to the Bank’s liability. The Bank will not be liable, for instance, if:  • Through no fault of the Bank, there are not sufficient funds in the Deposit Account to make the Transfer, or the account has been closed.  • Through no fault of the Bank, the Transfer would go over the credit limit or available amount on any applicable overdraft line for my Deposit Account(s).  • I have not properly followed the scheduling instructions and requirements for making a Transfer according to this Agreement.  • Circumstances beyond the Bank’s control prevented the Transfer, despite reasonable precautions that The Bank has taken. Such circumstances include telecommunication outages, power outages, equipment failures, postal strikes, delays caused by other financial institutions, fires, and floods.  • The Bank has placed a "hold" on any funds in my Deposit Account(s) in accordance with the Bank’s rights under applicable laws or any other agreements between The Bank and me.  • The Bank has received incomplete or inaccurate information from me or a third party involving the Transfer.  • A court order, such as a garnishment or other legal process, prevents The Bank from making a Transfer.  • The Bank has a reasonable basis for believing that unauthorized use of my User ID, Password, biometrics, or Deposit Account(s) has occurred or may be occurring.  • I default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with Bank.  • The Bank or I terminate this Agreement. There may be other exceptions, in addition to those listed above, stated in any of the Bank’s other agreements with me, or as permitted by law. If any of the above circumstances occur, the Bank will assist me if requested with reasonable efforts in taking appropriate corrective action to reprocess a Transfer that may not have been completed, or to correct any incorrect Transfer that has been processed.