Common use of Claim of Loss Clause in Contracts

Claim of Loss. You agree to cooperate with us in the investigation of any loss claims due to forgery, alteration, or unauthorized withdrawal. You will provide us with an affidavit containing information about the transaction and the circumstances surrounding the loss. You agree that we may take a reasonable period of time to investigate your claim. Our maximum liability is the lesser of your actual damages proved, or the amount of the transaction reduced by an amount which could not have been realized by the use of ordinary care. In no event will we be liable for special or consequential damages or for attorneys’ fees you incur. You agree to review, regularly and promptly, all reports, transfer instructions, adjustments, charges, entries and other transactions. You shall immediately or, in any event, within thirty (30) calendar days following the date that we first notify or otherwise make available to you notification of the transaction, notify us of any error or discrepancy between your records and any notice or statement from us, or any transaction or transfer you believe was not authorized. You agree to notify us immediately of any claim you have or any claim that is made to you by a third party, of any acts or omissions on our part relating to any Service that has caused you or the third party damage. If we make an error, upon written notice of the error, we will, to the extent reasonably possible, correct the error promptly; provided, under no circumstances shall Bank be liable for any resulting loss of interest or other losses.