CM’s Liability for Failure to Make Transfers. If RBC CM does not complete a transfer to or from the Accounts on time or in the correct amount according to your agreement with RBC CM, RBC CM will be liable for your losses or damages caused by RBC CM’s failure. RBC CM will only be liable for your proved actual damages if RBC CM’s failure was not intentional and resulted from a bona fide error, despite reasonable precautions RBC CM has taken. However, there are some exceptions. For example, RBC CM will not be liable if: • Through no fault of RBC CM, you do not have enough cash in the FI Account or adequate combined asset value or funds availability in the Accounts, as the case may be, to make the transfer. • Circumstances beyond RBC CM’s control (including, but not limited to, fire or flood) prevent the transfer, despite reasonable precautions RBC CM has taken. • The funds are subject to legal process or other restrictions. • You have not provided accurate account information to complete the transfer. • The transfer would exceed one of the established limits contained in this Agreement.
