Company Indemnification of Bank. In addition to the other indemnification obligations of Company contained in this Agreement and any supplements and amendments hereto, Company releases and agrees to indemnify, defend, and hold harmless Bank, its parent company, affiliates, and subsidiaries, and their respective directors, officers, employees and agents (collectively, the “Bank Indemnified Parties”), promptly after receipt of a request from a Bank Indemnified Party, from and against any and all claims, liabilities, obligations, losses, damages, penalties, actions, judgments, suits, proceedings, costs (including, without limitation, the fees and expenses of legal counsel to the Bank Indemnified Parties and internal expenses of Bank), expenses, or disbursements of any kind or nature whatsoever and by whomsoever brought or caused (collectively, the “Indemnified Liabilities”) that may be imposed upon, incurred by, or asserted against the Bank Indemnified Parties and that in any way relate to or arise out of: (a) Company’s and/or Owners’ (including, without limitation and for the avoidance of doubt, the Company Representative’s or User’s) breach of this Agreement; (b) Company’s and/or Owners’ (including, without limitation and for the avoidance of doubt, the Company Representative’s or User’s) negligence, fraud, or intentional misconduct; (c) any action taken or omitted by Bank in accordance with instructions or other communications actually authorized by or on behalf of Company, Owners, the Company Representative, or a User that Bank reasonably believes to have been so authorized; (d) a representation, warranty, or covenant of Company; (e) any use of the Services by Company that is not in compliance with this Agreement or Applicable Law; (f) any investigation or proceeding brought against Bank by any federal, state or local governmental authority related to Company and/or the Owners; (g) any subpoena, order, levy, garnishment, or request related to Company and/or the Owners; (h) any loss or claim arisingfrom Company’s and/or Owners’ (including, without limitation and for the avoidance of doubt, the Company Representative’s or User’s) failure to use or adhere to the Security Protocol in accordance with this Agreement; (i) any Indemnified Liabilities caused by customers or clients of Company; (j) any action taken or omitted by Company (including, without limitation and for the avoidance of doubt, the Company Representative’s or User’s) in connection with this Agreement or the Services and any transaction related thereto; or (k) any virus (or similar malicious device), data, or code transmitted from systems under the control of Company to Bank’s systems. .
Appears in 2 contracts
Samples: Treasury Management Services Agreement, Treasury Management Services Agreement
Company Indemnification of Bank. In addition to From and after the other indemnification obligations of Company contained in this Agreement and any supplements and amendments heretoEffective Date, Company releases and agrees to indemnify, defend, shall indemnify and hold harmless Bank, its parent company, affiliates, and subsidiariesAffiliates, and their respective directors, officers, directors and employees and agents (collectively, the “Bank Indemnified Parties”), promptly after receipt of a request from a Bank Indemnified Party, ) from and against and in respect of any and all claimslosses, liabilities, obligationsjudgments, lossessettlements, awards, defenses, counterclaims, actions, proceedings, interest, penalties, damages, penaltiescosts and expenses of whatever nature, actions, judgments, suits, proceedings, costs (including, without limitation, the including reasonable attorneys’ fees and expenses of legal counsel to the Bank Indemnified Parties and internal expenses of Bank), expenses, or disbursements of any kind or nature whatsoever and by whomsoever brought or caused (collectively, the “Indemnified LiabilitiesLosses”) that may be imposed upon), which are caused or incurred by, or asserted against the Bank Indemnified Parties and that in any way relate to or result from, arise out of: of or relate to:
(a) Company’s and/or Ownersor its Affiliates’ or subcontractors’, or their respective Licensees’, subcontractors’, officers’, directors’, employees’ or agents’ negligence, recklessness or willful misconduct (includingincluding acts and omissions) relating to the Program;
(b) any breach by Company or its Affiliates or subcontractors, without limitation and for or their respective Licensees, subcontractors, officers, directors, employees or agents of any of the avoidance of doubtterms, the Company Representative’s conditions, covenants, representations, or User’s) warranties contained in this Agreement (provided that a breach of this Agreement; (bAgreement that is solely a breach of a Service Level Standard of Company shall be subject only to the consequences set forth in Schedule 4.12(a) Company’s and/or Owners’ (includingand provided further that a breach of a Service Level Standard that is also a breach of a term, without limitation and for condition, covenant, representation or warranty that is not a Service Level Standard shall continue to be subject to any remedies that Bank may have under this Agreement or at law or in equity, including the avoidance of doubt, the Company Representative’s or User’s) negligence, fraud, or intentional misconduct; indemnification obligations set forth in this Section 16.1);
(c) any action actions or omissions by Bank taken or omitted by not taken (i) at Company’s request or direction, except where Bank in accordance with instructions or other communications actually authorized by or on behalf of Company, Owners, the Company Representative, or a User that Bank reasonably believes to would have been so authorized; otherwise required to take such action (or refrain from acting) absent such request or direction of Company or (ii) pursuant to Company’s exercise of its deadlock-breaking authority pursuant to this Agreement;
(d) a representationdishonest or fraudulent acts by Company or its Affiliates or subcontractors or their respective Licensees, warrantysubcontractors, or covenant of Company; their respective officers, directors, employees or agents in connection with the Program;
(e) any use of the Services failure by Company that is not or its Affiliates or Licensees to satisfy any of their obligations to a customer in compliance connection with this Agreement or Applicable Law; a purchase of Nordstrom Goods and/or Services on a Company Credit Card;
(f) any investigation Account Documentation or proceeding brought against Bank by any federal, state or local governmental authority related to Company and/or the Owners; (g) any subpoena, order, levy, garnishment, or request related to Company and/or the Owners; (h) any loss or claim arisingfrom Company’s and/or Owners’ (including, without limitation and for the avoidance of doubt, the Company Representative’s or User’s) failure to use or adhere Program Materials to the Security Protocol extent (i) content thereof was required to receive prior legal review by Bank but was not provided for Bank’s prior legal review as required in accordance with this Agreement; , (ii) content thereof was required to be submitted for Bank’s legal review following dissemination and was not so submitted, (iii) content thereof was required to be submitted for Bank’s legal review following dissemination and was so submitted, but a reasonable time following such submission to enable Bank to complete such review in accordance with the provisions of this Agreement has not yet elapsed, (iv) to the extent applicable thereto, content thereof did not conform to the Advertising Guide or the Customer Service Communications Protocol (with respect to Program Materials not subject to prior Bank review), (v) any comments of Bank pursuant to its review process that were required to be included in such Account Documentation or Program Materials were not correctly included in such Account Documentation or Program Materials as so required or (vi) the content thereof that was the source of the Losses was included therein pursuant to Company’s exercise of its deadlock-breaking authority pursuant to this Agreement;
(g) any claim, suit or proceeding by any Governmental Authority or other third party arising out of (i) any Indemnified Liabilities caused aspect of the Servicing practices implemented that have either not been submitted for review by customers Bank or clients that have been submitted for such review, but a reasonable time for Bank to complete such review has not yet elapsed, (ii) the failure of Company or its Affiliates or their subcontractors, or their respective Licensees, subcontractors, directors, officers, 76 employees or agents to comply with Applicable Law, the Risk Management Policies, the Servicing practices, the Compliance Management Program, the Fraud Management Policies, the Customer Service Communications Protocol, the LCMP or the Program Privacy Notice, except to the extent (A) in the case of a failure to comply with Applicable Law, the action constituting such failure was taken after the Closing Date and in compliance with the Risk Management Policies, the Servicing practices, the Compliance Management Program, the Fraud Management Policies (to the extent related to anti-money laundering, Bank Secrecy Act, OFAC compliance or similar legal or regulatory requirements), the Customer Service Communications Protocol, the LCMP and the Program Privacy Notice or any requirement adopted pursuant to Bank’s deadlock-breaking authority, or (B) in the case of any of the foregoing failures, the action constituting such failure was taken or not taken at the written request of Bank;
(h) the operation of a Second Look Program by a Person other than Bank;
(i) any claim, suit or proceeding by a Governmental Authority or other third party arising out of the operation of the Loyalty Program or any other value or loyalty program operated by Company, except for a claim arising out of the failure of any feature of the Loyalty Program to comply with Applicable Law unless such violation arose out of Company; ’s right with respect to the Loyalty Program pursuant to clause (e) of Schedule 15.3;
(j) any action taken claim, suit or omitted proceeding by a Governmental Authority or other third party arising out of Company’s Inserts or Billing Statement messages or arising out of other communications by Company (including, without limitation and for the avoidance of doubt, the Company Representative’s or User’s) in connection with this Agreement or the Services and any transaction related thereto; or Cardholders that do not constitute Program Materials;
(k) any virus claim, suit or proceeding by a third party that alleges that the use by Bank of the Company Licensed Marks as permitted herein violates the intellectual property rights of such third party;
(l) any claim, suit or similar malicious device)proceeding by a third party that alleges that the use of Company’s Systems or any other Company Intellectual Property licensed by Bank and used as permitted herein violates the intellectual property rights of such third party; and
(m) any payment product accounts issued by Company Bank residing in a Bank-owned BIN, dataincluding any Employee Accounts that bear the trademarks of the Network. Notwithstanding the foregoing, or code transmitted from systems under the control of Company to Bank’s systems. obligations hereunder shall be limited only to Losses caused by Company Bank that are not otherwise indemnified by Nordstrom.
Appears in 1 contract
Company Indemnification of Bank. In addition to From and after the other indemnification obligations of Company contained in this Agreement and any supplements and amendments heretoOriginal Effective Date, Company releases and agrees to indemnify, defend, shall indemnify and hold harmless Bank, its parent companyAffiliates, affiliates, and subsidiaries, and their respective officers, directors, officersemployees, employees agents, Subcontractors and agents representatives and any Person claiming by or through any of them (collectively, the “Bank Indemnified Parties”), promptly after receipt of a request from a Bank Indemnified Party, ) from and against and in respect of any and all claimslosses, liabilities, obligations, losses, damages, penaltiescosts and expenses of whatever nature, actions, judgments, suits, proceedings, costs (including, without limitation, the including reasonable attorneys’ fees and expenses of legal counsel to the Bank Indemnified Parties and internal expenses of Bank), expenses, or disbursements of any kind or nature whatsoever and by whomsoever brought or caused (collectively, the “Indemnified LiabilitiesLosses”) that may be imposed uponrelating to third-party claims, which are caused or incurred by, or asserted against the Bank Indemnified Parties and that in any way relate to or result from, arise out of: of or relate to:
(a) Company’s and/or Ownersor any of its Affiliates’ or Subcontractors’ gross negligence, recklessness or willful misconduct (including, without limitation including acts and for omissions) relating to the avoidance of doubt, the Company Representative’s or User’s) breach of this Agreement; Program;
(b) any breach by Company or any of its Affiliates or Subcontractors, or their respective officers, directors, employees or agents of any of the terms, conditions, covenants, representations, or warranties contained in this Agreement;
(c) Company’s and/or Owners’ failure to satisfy any of its obligations or liabilities to third parties, including Customers and any Existing Issuer;
(includingd) any actions or omissions by Bank or any of its Affiliates or Subcontractors taken or not taken at Company’s written request or direction pursuant to this Agreement except where Bank or any of its Affiliates or Subcontractors would have been otherwise required to take such action (or refrain from acting) absent the request or direction of Company;
(e) fraudulent acts by Company, without limitation its Affiliates and for the avoidance of doubtSubcontractors, the Company Representativeor their respective officers, directors employees or agents;
(f) Company’s or User’s) negligence, fraud, any of its Affiliates’ or intentional misconduct; Subcontractors’ failure to comply with Applicable Law unless such failure was the result of (ci) any action taken or omitted not taken by Company or any of its Affiliates or Subcontractors at the written request or direction of Bank in accordance with instructions or other communications actually authorized (ii) Bank’s breach of its obligations under Section 4.3(q);
(g) Company Inserts or Billing Statement messages;
(h) allegations by or on behalf of Company, Owners, a third party that the Company Representative, or a User that Bank reasonably believes to have been so authorized; (d) a representation, warranty, or covenant of Company; (e) any use of the Services Company Licensed Marks or any materials or documents provided by Company (other than any Account Documentation provided by Company after Bank’s legal review and approval, unless such allegations are as a result of subsequent modification to such Account Documentation by Company) constitutes: § libel, slander, and/or defamation; § infringement of intellectual property, including trademark infringement or dilution, or copyright infringement; § unfair competition or misappropriation of another’s ideas or trade secret; § invasion of rights of privacy or rights of publicity; or § breach of contract or tortious interference;
(i) allegations by a third party that the use of the Company systems or anything provided by Company under this Agreement constitutes infringement, misappropriation or violation of the Intellectual Property of such third party, unless such allegations arise out of a modification or combination thereof by Bank that is not in compliance with this Agreement or Applicable Law; (f) any investigation or proceeding brought against Bank reasonably contemplated by any federal, state or local governmental authority related to Company and/or the Owners; (g) any subpoena, order, levy, garnishment, or request related to Company and/or the Owners; (h) any loss or claim arisingfrom Company’s and/or Owners’ (including, without limitation and for the avoidance of doubt, the Company Representative’s or User’s) failure to use or adhere to the Security Protocol in accordance with this Agreement; (i) any Indemnified Liabilities caused by customers or clients of Company; Parties;
(j) any action taken Company’s offering or omitted by Company (including, without limitation and for the avoidance sales of doubt, the Company Representative’s or User’s) in connection with this Agreement or the Services and any transaction related theretoGoods and/or Services; or or
(k) any virus (or similar malicious device), data, or code transmitted from systems under the control operation of Company to a Second Look Program by a Person other than Bank’s systems. .
Appears in 1 contract
Samples: Credit Card Program Agreement (Ascena Retail Group, Inc.)
Company Indemnification of Bank. In addition to From and after the other indemnification obligations of Company contained in this Agreement and any supplements and amendments heretoEffective Date, Company releases and agrees to indemnify, defend, shall indemnify and hold harmless Bank, its parent company, affiliates, and subsidiariesAffiliates, and their respective directors, officers, directors and employees and agents (collectively, the “Bank Indemnified Parties”), promptly after receipt of a request from a Bank Indemnified Party, ) from and against and in respect of any and all claimslosses, liabilities, obligationsjudgments, lossessettlements, awards, defenses, counterclaims, actions, proceedings, interest, penalties, damages, penaltiescosts and expenses of whatever nature, actions, judgments, suits, proceedings, costs (including, without limitation, the including reasonable attorneys’ fees and expenses of legal counsel to the Bank Indemnified Parties and internal expenses of Bank), expenses, or disbursements of any kind or nature whatsoever and by whomsoever brought or caused (collectively, the “Indemnified LiabilitiesLosses”) that may be imposed upon), which are caused or incurred by, or asserted against the Bank Indemnified Parties and that in any way relate to or result from, arise out of: of or relate to:
(a) Company’s and/or Ownersor its Affiliates’ or their respective subcontractors’, or their respective officers’, directors’, employees’ or agents’ negligence, recklessness or willful misconduct (including, without limitation including acts and for omissions) relating to the avoidance of doubt, the Company Representative’s or User’s) breach of this Agreement; Program;
(b) Company’s and/or Owners’ (including, without limitation and for the avoidance any breach by Company or any of doubt, the Company Representative’s its Affiliates or User’s) negligence, fraudsubcontractors, or intentional misconduct; their respective officers, directors, employees or agents of any of the terms, conditions, covenants, representations, or warranties contained in this Agreement;
(c) any action actions or omissions by Bank taken or omitted by not taken at Company’s request or direction pursuant to this Agreement except where Bank in accordance with instructions would have been otherwise required to take such action (or other communications actually authorized by refrain from acting) absent the request or on behalf direction of Company, Owners, the Company Representative, or a User that Bank reasonably believes to have been so authorized; ;
(d) a representationdishonest or fraudulent acts by Company, warrantyits Affiliates, their subcontractors, or covenant of Company; their respective officers, directors, employees or agents in connection with the Program;
(e) any use failure of Company to implement Bank’s written instructions (including by email) with respect to compliance with Applicable Law and Network Rules;
(f) the sale of any Goods and/or Services or any failure by Company that is or its Affiliates to satisfy any of their obligations to third parties with respect to Good and/or Services or the sale thereof;
(g) any Program Materials (other than a claim based on violation thereof with Applicable Law or Network Rules or to the extent the content thereof was determined as a Bank Matter, except to the extent (i) content thereof was not provided for Bank’s legal review and approval in compliance accordance with this Agreement or Applicable Law; (fii) any investigation or proceeding brought against comments of Bank by any federal, state or local governmental authority related pursuant to Company and/or the Owners; (g) any subpoena, order, levy, garnishment, or request related to Company and/or the Owners; such review process were not correctly included in such Program Materials);
(h) any loss claim, suit or claim arisingfrom Company’s and/or Owners’ (including, without limitation and for the avoidance proceeding by any Governmental Authority or other third party arising out of doubt, the Company Representative’s or User’s) failure to use or adhere to the Security Protocol in accordance with this Agreement; (i) any Indemnified Liabilities caused aspect of the Collections Policies approved as a Company Matter pursuant to Section 3.5(c)(xvi) or any aspect of the Cardholder Service practices approved as a Company Matter pursuant to Section 3.5(c)(xv) or approved without prior review by customers or clients of Company; (j) any action taken or omitted by Company (including, without limitation and for the avoidance of doubt, the Company Representative’s or User’s) in connection with this Agreement or the Services and any transaction related thereto; or (k) any virus (or similar malicious device), data, or code transmitted from systems under the control of Company to Bank’s systems. .Bank or
Appears in 1 contract
Samples: Credit Card Program Agreement
Company Indemnification of Bank. In addition to From and after the other indemnification obligations of Company contained in this Agreement and any supplements and amendments heretoEffective Date, Company releases and agrees to indemnify, defend, shall indemnify and hold harmless Bank, its parent company, affiliates, and subsidiariesAffiliates, and their respective directors, officers, directors and employees and agents (collectively, the “Bank Indemnified Parties”), promptly after receipt of a request from a Bank Indemnified Party, ) from and against and in respect of any and all claimslosses, liabilities, obligationsjudgments, lossessettlements, awards, defenses, counterclaims, actions, proceedings, interest, penalties, damages, penaltiescosts and expenses of whatever nature, actions, judgments, suits, proceedings, costs (including, without limitation, the including reasonable attorneys’ fees and expenses of legal counsel to the Bank Indemnified Parties and internal expenses of Bank), expenses, or disbursements of any kind or nature whatsoever and by whomsoever brought or caused (collectively, the “Indemnified LiabilitiesLosses”) that may be imposed upon), which are caused or incurred by, or asserted against the Bank Indemnified Parties and that in any way relate to or result from, arise out of: of or relate to:
(a) Company’s and/or Ownersor its Affiliates’ or their respective subcontractors’, or their respective officers’, directors’, employees’ or agents’ negligence, recklessness or willful misconduct (including, without limitation including acts and for omissions) relating to the avoidance of doubt, the Company Representative’s or User’s) breach of this Agreement; Program;
(b) Company’s and/or Owners’ (including, without limitation and for the avoidance any breach by Company or any of doubt, the Company Representative’s its Affiliates or User’s) negligence, fraudsubcontractors, or intentional misconduct; their respective officers, directors, employees or agents of any of the terms, conditions, covenants, representations, or warranties contained in this Agreement;
(c) any action actions or omissions by Bank taken or omitted by not taken at Company’s request or direction pursuant to this Agreement except where Bank in accordance with instructions would have been otherwise required to take such action (or other communications actually authorized by refrain from acting) absent the request or on behalf direction of Company, Owners, the Company Representative, or a User that Bank reasonably believes to have been so authorized; ;
(d) a representationdishonest or fraudulent acts by Company, warrantyits Affiliates, their subcontractors, or covenant of Company; their respective officers, directors, employees or agents in connection with the Program;
(e) any use failure of Company to implement Bank’s written instructions (including by email) with respect to compliance with Applicable Law and Network Rules;
(f) the sale of any Goods and/or Services or any failure by Company that is or its Affiliates to satisfy any of their obligations to third parties with respect to Good and/or Services or the sale thereof;
(g) any Program Materials (other than a claim based on violation thereof with Applicable Law or Network Rules or to the extent the content thereof was determined as a Bank Matter, except to the extent (i) content thereof was not provided for Bank’s legal review and approval in compliance accordance with this Agreement or Applicable Law; (fii) any investigation or proceeding brought against comments of Bank by any federal, state or local governmental authority related pursuant to Company and/or the Owners; (g) any subpoena, order, levy, garnishment, or request related to Company and/or the Owners; such review process were not correctly included in such Program Materials);
(h) any loss claim, suit or claim arisingfrom Company’s and/or Owners’ (including, without limitation and for the avoidance proceeding by any Governmental Authority or other third party arising out of doubt, the Company Representative’s or User’s) failure to use or adhere to the Security Protocol in accordance with this Agreement; (i) any Indemnified Liabilities caused aspect of the Collections Policies approved as a Company Matter pursuant to Section 3.5(c)(xvi) or any aspect of the Cardholder Service practices approved as a Company Matter pursuant to Section 3.5(c)(xv) or approved without prior review by customers Bank or clients (ii) the failure of Company; , its Affiliates, their subcontractors, or their respective directors, officers, employees or agents to comply with Applicable Law, Network Rules (to the extent Company has been advised by Bank to comply with such Network Rules), the Risk Management Policies, the Compliance Practices, the Collections Policies or the Cardholder Service practices, unless (A) in the case of a failure to comply with Applicable Law or Network Rules, the action constituting such failure was taken after the Closing Date and in compliance with an express requirement of the Risk Management Policies, Compliance Practices, Collections Policies or Cardholder Service practices (other than aspects of the Collections Policies or Cardholder Service practices for which Company is responsible pursuant to clause (i) above), or (B) in the case of any of the foregoing failures, the action constituting such failure was taken or not taken at the written request of Bank;
(i) the operation of a Second Look Program by a Person other than Bank;
(j) the operation of the Value Proposition or any action taken other value or omitted loyalty program;
(k) Company Inserts or Billing Statement messages;
(l) allegations by a third party that the use of the Company Licensed Marks as permitted herein or any materials or documents provided by Company (includingother than any Account Documentation provided by Company after Bank’s legal review and approval, without limitation and for the avoidance unless such allegations are as a result of doubtsubsequent modification to such Account Documentation by Company) constitutes: (i) libel, the Company Representative’s slander, and/or defamation; (ii) invasion of rights of privacy or User’s) in connection with this Agreement or the Services and any transaction related theretorights of publicity; or (kiii) breach of contract or tortious interference; and
(m) allegations by a third party that the use of the Company Licensed Marks as permitted herein or any virus material or documents provided by Company or the Core Systems constitute(s) (i) trademark infringement or similar malicious device), datadilution, or code transmitted from systems under the control copyright infringement; (ii) unfair competition or misappropriation of Company to Bankanother’s systems. ideas or trade secrets; or (iii) patent infringement.
Appears in 1 contract
Company Indemnification of Bank. In addition to the other indemnification obligations of Company contained in this Agreement and any supplements and amendments hereto, Company releases and agrees to indemnify, defend, and hold harmless Bank, its parent company, affiliates, and subsidiaries, and their respective directors, officers, employees and agents (collectively, the “Bank Indemnified Parties”), promptly after receipt of a request from a Bank Indemnified Party, from and against any and all claims, liabilities, obligations, losses, damages, penalties, actions, judgments, suits, proceedings, costs (including, without limitation, the fees and expenses of legal counsel to the Bank Indemnified Parties and internal expenses of Bank), expenses, or disbursements of any kind or nature whatsoever and by whomsoever brought or caused (collectively, the “Indemnified Liabilities”) that may be imposed upon, incurred by, or asserted against the Bank Indemnified Parties and that in any way relate to or arise out of: (a) Company’s and/or Owners’ (including, without limitation and for the avoidance of doubt, the Company Representative’s or User’s) breach of this Agreement; (b) Company’s and/or Owners’ (including, without limitation and for the avoidance of doubt, the Company Representative’s or User’s) negligence, fraud, or intentional misconduct; (c) any action taken or omitted by Bank in accordance with instructions or other communications actually authorized by or on behalf of Company, Owners, the Company Representative, or a User that Bank reasonably believes to have been so authorized; (d) a representation, warranty, or covenant of Company; (e) any use of the Services by Company that is not in compliance with this Agreement or Applicable Law; (f) any investigation or proceeding brought against Bank by any federal, state or local governmental authority related to Company and/or the Owners; (g) any subpoena, order, levy, garnishment, or request related to Company and/or the Owners; (h) any loss or claim arisingfrom arising from Company’s and/or Owners’ (including, without limitation and for the avoidance of doubt, the Company Representative’s or User’s) failure to use or adhere to the Security Protocol in accordance with this Agreement; (i) any Indemnified Liabilities caused by customers or clients of Company; (j) any action taken or omitted by Company (including, without limitation and for the avoidance of doubt, the Company Representative’s or User’s) in connection with this Agreement or the Services and any transaction related thereto; or (k) any virus (or similar malicious device), data, or code transmitted from systems under the control of Company to Bank’s systems. .
Appears in 1 contract
