Bank’s Responsibilities a. Bank will deliver to Customer, or otherwise provide access to, the Software.
Bank’s Responsibilities. 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 answerable for its own gross negligence or willful misconduct, but Bank shall not otherwise be responsible for any action taken, allowed or omitted by or under this Agreement of for anything arising therefrom, or for any liability, loss, claim or damage arising from an act of God, or from delay occasioned in transit of data or processed work or from other cause of event beyond the control of Bank. Bank does not make any representations or warranties with respect to the legal effect or sufficiency, under any Federal, State or local statute or regulation or other law, of any forms, documents or other matters provided by Bank from time to time in connection with this Agreement, and disclaims any expressed or implied warranties in connection therewith, including any warranties in connection therewith, including any warranties or fitness for a particular purpose or use and any warranties of merchantability.
Bank’s Responsibilities. During the Term of this Agreement, Bank’s responsibilities in conducting the Program include the following:
Bank’s Responsibilities. Xxxx agrees to use ordinary care in rendering Services under this Agreement. You recognize and agree that ordinary care does not mean error free. You agree to pay all attorneys’ fees, costs and expenses Bank may incur in collecting any sums you owe to Bank for overdrafts, service charges or otherwise or in enforcing any rights Bank may have under the terms of this Agreement or applicable law, rule or regulation applicable to your Account(s) or the Services rendered by Bank under this Agreement. You also agree to pay all attorneys’ fees, costs and expenses that Bank may incur as the result of defending any claim or action made against Bank by you, or on your behalf where Bank is found not to be liable for such claim. Except as otherwise provided in the Deposit Account Agreement, in no event shall Bank be liable to you for attorneys’ fees incurred by you in any action brought by you against Bank. Our sole responsibility for an error in a transfer will be to correct the error. Without limiting the generality of the forgoing, we will not be responsible for the following matters, or for errors or failures of our Services that result therefrom:
Bank’s Responsibilities. Beyond the exercise of reasonable care to assure the safe custody of the Collateral while held hereunder, the Bank shall have no duty or liability to preserve rights pertaining thereto, and shall be relieved of all responsibility for the Collateral upon surrendering it to the Borrower or Borrower's designee.
Bank’s Responsibilities. The Bank will transmit the credit and debit entries initiated by the Customer to the ACH provided in the ACH Rules.
Bank’s Responsibilities a. As part of the Services, Bank will accept for deposit to the designated Account those Electronic Items that are transmitted to Bank in compliance with this Agreement and this Service Schedule. Electronic Items shall be deemed received upon successful receipt of the transmission of such images that are complete, usable, and adhere to the specifications set forth in the Documentation. If the Electronic Items are not complete, are not useable, or do not adhere to such specifications, the images may not be processed by Bank, in which event Customer's deposit will be adjusted and notification will be provided. Customer agrees that the Bank may limit the dollar amount or number of Electronic Items that may be deposited on any day or a monthly basis, and that such limits may differ depending on the Authorized Equipment used by Customer.
Bank’s Responsibilities. You agree to monitor your account balances and charges, to promptly notify us if any Report conflicts with your records, and to refrain from acting on information it has reason to believe is erroneous. In all instanc es, Bank's and, if the services of a third party provider are utilized in the provision of CNBusiness Deposit the Remote Deposit Capture Service, such third party's sole liability to you shall be limited to the correction of any errors made. We shall not be responsible for suspension of performance of all or any of its obligations, responsibilities or covenants hereunder, whether expressed or implied, if at any time, or from time to time, compliance therewith is prevented or hindered by, or are in conflict with, any federal or state law, regulation or rule, the order of any court of competent jurisdiction, any act of God or of the public enemy, war, epidemic, strike, or work stoppages of the U.S. Postal Service and commercial carrier(s), or electric power disruption or shortage, telecommunications failure or computer failures; acts, omissions or errors of any carrier and/or agent operating between you and us or us and any Federal Reserve Bank or other agency utilized to exercise transfers or any recipients of transferred funds; any incorrect, unauthorized or fraudulent use or other fraud by any person other than our employees; or, without limiting the generality of the foregoing, any other cause or circumstance beyond our control or other conditions or circumstances not wholly controlled by us, which would prohibit, retard or otherwise affect our complete or partial performance under this Agreement.
Bank’s Responsibilities. In the performance of the Services required by this Addendum, the BANK shall be entitled to rely solely on the information, representations and warranties provided by the COMPANY pursuant to the Agreement and this Addendum, and the COMPANY shall be responsible for the accuracy or completeness thereof. The BANK shall be answerable for its willful misconduct, but the BANK shall not otherwise be responsible for any action taken, allowed or omitted by or under this Addendum or for anything arising there from, or for any liability, loss, claim or damage arising from an act of God, from delay occasioned in transit of data or processed work or from other cause or even beyond the control of BANK. The BANK does not make any representations or warranties with respect to the legal effect or sufficiency, under any Federal, State or local statute or regulation or other law, of any form, documents or other matters provided by BANK from time to time in connection with the Agreement, and disclaims any expressed or implied warranties in connection therewith, including any warranties or fitness for a particular purpose or use and any warranties or merchantability.
Bank’s Responsibilities. In reliance on the information provided by Customer, excluding valid stop Payment Orders and issue records voided by Customer request, all Items, including those that have been electronically converted, that match by Check number, issue date and amount to the Check Issue File will be deemed properly payable and Bank is authorized to pay all such Items.
