Bank’s Responsibilities Sample Clauses

Bank’s Responsibilities. Bank 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 a. Bank will deliver to Customer, or otherwise provide access to, the Software. b. Bank will provide installation and training support as reasonably required for Customer's implementation of the Program. Any onsite installation or training support shall be on such terms and conditions as the parties agree, including reimbursement for Bank reasonable travel costs. c. Bank will provide maintenance and support for the Software as reasonably necessary to permit Customer's processing of Checks through the Program. Such maintenance and support shall include (i) corrections, workarounds and bug fixes, (ii) such modifications, enhancements and updates as Bank elects to make generally available to its customers without additional license fees, and (iii) telephone support to Customer during Bank regular business hours. d. Bank will accept for deposit to the designated Account digitized images of Checks that are transmitted to Bank in compliance with this Agreement. Digitized images shall be deemed received upon successful receipt of the transmission of such images that are complete, usable, and adhere to the data specifications set forth in the Documentation. If the digitized images are not complete, are not useable, or do not adhere to such data specifications, the images may not be processed by Bank or its agents, in which event Customer's deposit will be adjusted and notification will be provided. e. Bank will provide Customer an e-mail notification of Customer's transmission of digitized images as outlined in the Documentation. f. Customer's digitized images will be processed after Bank has received Customer's transmission of the digitized images. Bank will use commercially reasonable efforts to present Image Exchange Items and Substitute Checks for collection. Unless Bank notifies Customer otherwise, Bank will provide same day credit to the Account for all items transmitted by Customer and received by Bank in accordance with the requirements of this Agreement and the Documentation, and within the timelines established by Bank. g. If a Payor Financial Institution returns an item to Bank, Bank will charge the Account for such returned item, and may either (i) return the item to Customer, or (ii) re-present it to the Payor Financial Institution before returning it to Customer. Items may be returned as Image Exchange Items, rather than Substitute Checks, as agreed by the parties. If a Payor Financial Institution or other third party makes a claim against Bank or se...

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’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. 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. During the Term of this Agreement, Bank's responsibilities in conducting the Program include the following:Extend commercial credit to qualified customers of LESCO under the Prox Terms, the Net Invoice Terms, or the BRC Terms in accordance with this Agreement and the Accountholder Agreements; provided, that during the Interim Transition Period, such terms shall be modified as otherwise set forth herein. (a) Except as set forth in Section 1.3, establish (and modify from time to time in its discretion) Accountholder finance charge rates and other fees and Account terms. (b) Except as set forth in Section 1.3, develop, produce and deliver to LESCO at a central location, Bank's credit applications and Accountholder Agreements and other standard Program materials. (c) Produce and, as applicable, distribute Credit Cards and Credit Card carriers in accordance with a design provided by LESCO that meets Bank's specifications. In connection with the foregoing, LESCO acknowledges and agrees that Bank will not distribute Credit Cards to the holders of Existing Accounts unless such Accountholders so request; provided however, that Bank shall, as part of its introductory materials sent to Accountholders following the expiration of the Interim Transition Period (and thereafter as part of its customer service scripts), make the Accountholder aware that Bank can furnish a Credit Card (or Credit Cards, if applicable) to such Accountholder upon request. All Accountholders opening Accounts after the Program Commencement Date shall be provided a Credit Card. With respect to any Accountholder for which no Credit Card was issued, the parties shall utilize the alternative identification, verification, and authorization mechanism provided for in the Operating Procedures in connection with all Charge Transaction Data. (d) Establish (and modify from time to time in its discretion) the credit criteria used to evaluate applications for Accountholder Agreements. (e) Assign (and modify from time to time in its discretion) credit lines, authorize charges, and service Accounts (the foregoing services shall be provided, at a minimum, during LESCO's ordinary course operating hours as of the Program Commencement Date). (f) Except as set forth in Section 1.3, prepare and mail periodic billing statements to Accountholders with Active Accounts. (g) Provide toll-free numbers for customer inquiries and inquiries from Service Centers(R) and provide operators for such numbers, at a minimum, during ...

Bank’s Responsibilities. During the Term of this Agreement, Bank’s responsibilities in conducting the Program include the following: (a) Extend consumer credit to qualified customers of Retailer in accordance with this Agreement and the Cardholder Agreements. (b) Provide all servicing for the Accounts, including customer service and collections. (c) Bear all credit and fraud losses as provided in Section 7.1. (d) Provide the dedicated/designated Program team described on Schedule 2.1(d) to support the Program, with the functions and qualifications identified on Schedule 2.1(d). (e) Establish in accordance with the terms of this Agreement Cardholder finance charge rates and other fees and Account terms, as set forth in Section 7.3 hereto. (f) Develop, produce and deliver to Retailer at a central location, Bank’s Credit Card Applications and Cardholder Agreements and other standard Program Materials. (g) Produce and distribute Credit Cards and Credit Card carriers in accordance with a design provided by Retailer that meets Bank’s specifications. (h) Establish (and modify from time to time in its discretion) the credit criteria used to evaluate Credit Card Applications subject to the Minimum Credit Targets outlined on Schedule 7.4(c) hereto. (i) Establish (and modify from time to time in its discretion) the risk management policies for the Program subject to the Minimum Credit Targets outlined on Schedule 7.4(c) hereto. (j) Continue to make available to Retailer instant credit facilities for the real time, immediate decisioning and extension of credit to qualifying persons for real-time purchases by such persons. (k) Receive and process Credit Card Applications electronically, and to the extent agreed by the parties, by mail, by telephone and through the internet. (l) Implement and maintain a system whereby Retailer’s customers may submit electronic Credit Card Applications at the point-of-sale, at the customer service desk, and to the extent mutually agreed by the parties, through Retailer’s website in connection with internet based sales as contemplated in Section 7.17(c) and receive instant credit decisions subject to the Service Level Standards outlined on Schedule 7.16 hereto. (m) Assign (and modify from time to time in its discretion) credit lines (subject to the Minimum Credit Targets outlined on Schedule 7.4(c) hereto), authorize charges, and service Accounts in accordance with the terms of this Agreement. (n) Prepare and deliver Bank inserts and periodic billing statements, ...

Bank’s Responsibilities. Bank 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 Customer and Bank or Bank 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 Bank’s employees; or, without limiting the generality of the foregoing, any other cause or circumstance beyond Bank’s control or other conditions or circumstances not wholly controlled by Bank, which would prohibit, retard or otherwise affect Bank’s complete or partial performance under this Agreement.

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.