Common use of Contingency Plan Clause in Contracts

Contingency Plan. Customer agrees that in the event that Customer is not able to capture, balance, process, or otherwise transmit a File to Bank, or otherwise comply with the terms hereof or of the Procedures, for any reason, including but not limited to communications, equipment or software outages, interruptions or failures, Customer will transport the physical Checks and deposits to the closest office of Bank and deposit the original Checks with Bank until such time that the outage or other interruption can be identified and resolved. Customer hereby acknowledges and agrees that Bank shall not be liable to Customer for any loss or damage of any nature sustained by Customer as the result of the inability of Customer to use the Service. The deposit of original Checks at an office of Bank shall be governed by the terms and conditions contained in the Deposit Account Agreement and not by the terms of this Agreement.