Common use of Credit Union Liability Clause in Contracts

Credit Union Liability. Except for losses caused by our failure to exercise ordinary care or our failure to act in good faith, you agree that we will not be liable for any action or inaction regarding the payment or nonpayment of items, collection of items, other withdrawals, or transfers of funds or advances of credit in the satisfaction of overdrafts. The term “ordinary care” shall be construed in keeping with the definition of that term in Article 3-103(a)(7) of the Uniform Commercial Code as amended in 1990. We will be deemed to have exercised ordinary care if we have observed reasonable commercial standards prevailing for credit unions in the area where we are located. Subject to applicable law, you agree that we will never be liable for any indirect, special, or consequential damages arising out of or related to any of our obligations under this Agreement, even if we have been advised of the possibility of such damages. If we pay an item over a forged drawer’s signature, we will not be liable for more than the face amount of the item, subject to applicable law. Except for our acts and omissions caused by our (a) failure to exercise ordinary care, (b) willful misconduct, or (c) breach of this Agreement, you agree to indemnify, defend, and hold us and our officers, employees, and agents harmless from and against any losses, claims, or expenses, including attorney’s fees and costs of litigation, arising out of or related to the services provided under this Agreement, subject to applicable law. You also agree to indemnify, defend, and hold us and our officers, employees, and agents harmless from any and all claims, expenses, losses, and damages arising out of our good faith reliance on any instructions provided by you. We will not be liable for the acts or omissions of a third party not within our control, and we will not be liable for any failure or delay in performance under this Agreement that is related to or caused by circumstances beyond our control. DEPOSIT OF ITEMS

Credit Union Liability. Except If we do not properly complete a transaction according to this Agreement, we will be liable for your losses caused or damages not to exceed the amount of the transaction, except as otherwise provided by our failure to exercise ordinary care or our failure to act in good faith, you agree that we law. We will not be liable if: (1) your account contains insufficient funds for any action the transaction; (2) circumstances beyond our control prevent the transaction; (3) your loss is caused by your or inaction regarding the payment another financial institution’s negligence; (4) your account is subject to legal process or nonpayment of items, collection of items, other withdrawals, claim; or transfers of funds or advances of credit (5) your account does not meet our membership requirements as set forth in the satisfaction of overdrafts. The term “ordinary care” shall be construed in keeping with the definition of that term in Article 3-103(a)(7) of the Uniform Commercial Code as amended in 1990this Agreement. We will be deemed also reserve the right to have exercised ordinary care if we have observed reasonable commercial standards prevailing for credit unions in the area where we are located. Subject to applicable law, you agree that we will never be liable for any indirect, special, or consequential damages arising out of or deny liability related to any of our obligations under this Agreement, even if transaction when we have been advised determine that your own actions or omissions to act substantially contributed to the incurrence of the possibility of such damagesclaim or loss. If we pay an item over We may refuse to accept any check or draft drawn on your account that is presented for payment in person. Such refusal shall not constitute a forged drawer’s signature, we will not be liable for more than the face amount wrongful dishonor of the item, subject to applicable law. Except check or draft and we shall have no liability for our acts and omissions caused by our (a) failure to exercise ordinary care, (b) willful misconduct, or (c) breach of this Agreement, you agree to indemnify, defend, and hold us and our officers, employees, and agents harmless from and against any losses, claims, or expenses, including attorney’s fees and costs of litigation, arising out of or related to the services provided under this Agreement, subject to applicable law. You also agree to indemnify, defend, and hold us and our officers, employees, and agents harmless from any and all claims, expenses, losses, and damages arising out of our good faith reliance on any instructions provided by yourefusing payment. We will not be liable for the acts consequential damages, except liability for wrongful dishonor. We exercise ordinary care if our actions or omissions of a third party not within our controlnonactions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearing house rules, and general banking practices followed in the area we serve. You grant us the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of this Account Agreement. Any conflict between what you or our employees may say or write will be resolved by reference to this Agreement. In the event that a conflict or ambiguity arises between the terms of your signature card, your historical account documentation, your transaction documentation and any other documentation that we may receive or have in our possession related to you or your account(s), you agree that the Credit Union shall have the right to interpret such documentation or information in the manner deemed the most logical and appropriate by the Credit Union under the circumstances, and that the decision and interpretation of the Credit Union in that regard shall be final and binding upon you and all third parties, and shall not be liable for any failure subject to review or delay in performance under this Agreement that is related to or caused by circumstances beyond our control. DEPOSIT OF ITEMScontestation.

Credit Union Liability. Except for losses caused by our failure to exercise ordinary care or our failure to act in good faithas otherwise stated herein, you agree that we will shall not be liable for any action loss arising, directly or inaction regarding indirectly, in whole or in part from (a) the payment negligence or nonpayment misconduct of itemsyou or any other account owner (b) any ambiguity in the instructions given to us (c) your failure to notify us of errors within the time frames set forth herein (d) the negligent act or omission of any third party, collection (e) any error, failure or delay of itemstransmission of any funds transfer request, other withdrawalsincluding, without limitation, any inoperability or malfunction of communications facilities, or transfers of funds other circumstances beyond reasonable control. You agree to indemnify, defend, and hold us harmless from and against any and all damages, liabilities, actions and claims which result, directly or advances of credit indirectly, in whole or in part, from any negligence or fraud by you, or from a third party claim not occasioned by our own negligence. You agree to assign to us no responsibility beyond the satisfaction of overdrafts. The term “duty to exercise ordinary care” , and you agree that we shall be construed in keeping with the definition of that term in Article 3-103(a)(7) of the Uniform Commercial Code as amended in 1990. We will be conclusively deemed to have exercised ordinary care if we have observed reasonable commercial standards prevailing for credit unions in followed the area where we are located. Subject to applicable law, procedures stated herein or if you agree that we will never be liable for any indirect, special, have not followed such procedures or consequential damages arising out of or related to any of our your own obligations under this Agreementhereunder. IN ALL CASES, even if we have been advised of the possibility of such damages. If we pay an item over a forged drawer’s signatureOUR LIABILITY FOR ANY ACT OR FAILURE TO ACT PURSUANT TO THIS AGREEMENT SHALL BE LIMITED TO THE RESULTING DIRECT LOSS, we will not be liable for more than the face amount of the itemAND NOT TO ANY CONSEQUENTIAL, subject to applicable law. Except for our acts and omissions caused by our (a) failure to exercise ordinary careINCIDENTAL, (b) willful misconductSPECIAL OR EXEMPLARY DAMAGES, or (c) breach of this AgreementOR FOR ATTORNEY FEES, you agree to indemnify, defend, and hold us and our officers, employees, and agents harmless from and against any losses, claims, or expenses, including attorney’s fees and costs of litigation, arising out of or related to the services provided under this Agreement, subject to applicable law. You also agree to indemnify, defend, and hold us and our officers, employees, and agents harmless from any and all claims, expenses, losses, and damages arising out of our good faith reliance on any instructions provided by you. We will not be liable for the acts or omissions of a third party not within our control, and we will not be liable for any failure or delay in performance under this Agreement that is related to or caused by circumstances beyond our control. DEPOSIT WHETHER OR NOT THE LIKELIHOOD OF ITEMSSUCH DAMAGE WAS KNOWN OR CONTEMPLATED BY US AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY OF LIABILITY WHICH YOU MAY ASSERT AGAINST US.

Credit Union Liability. Except for losses caused by our failure to exercise ordinary care or our failure to act in good faith, you agree that we will not be liable for any action or inaction regarding the payment or nonpayment of items, collection of items, other withdrawals, or transfers of funds or advances of credit in the satisfaction of overdrafts. The term “ordinary care” shall be construed in keeping with the definition of that term in Article 3-103(a)(7) of the Uniform Commercial Code as amended in 1990. We will be deemed to have exercised ordinary care if we have observed reasonable commercial standards prevailing for credit forcredit unions in the area where we are located. Subject to applicable law, you agree that we will never be liable for any indirect, special, or consequential damages arising out of or related to any of our obligations under this Agreement, even if we have been advised of the possibility of such damages. If we pay an item over a forged drawer’s signature, we will not be liable for more than the face amount of the item, subject to applicable law. Except for our acts and omissions caused by our (a) failure to exercise ordinary care, (b) willful misconduct, or (c) breach of this Agreement, you agree to indemnify, defend, and hold us and our officers, employees, and agents harmless from and against any losses, claims, or expenses, including attorney’s fees and costs of litigation, arising out of or related to the services provided under this Agreement, subject to applicable law. You also agree to indemnify, defend, and hold us and our officers, employees, and agents harmless from any and all claims, expenses, losses, and damages arising out of our good faith reliance on any instructions provided by you. We will not be liable for the acts or omissions of a third party not within our control, and we will not be liable for any failure or delay in performance under this Agreement that is related to or caused by circumstances beyond our control. DEPOSIT OF ITEMS

Credit Union Liability. Except for losses caused by our failure to exercise ordinary care or our failure to act in good faith, you agree that we will not be liable for any action or inaction regarding the payment or nonpayment of items, collection of items, other withdrawals, or transfers transfer of funds funds, or advances of credit in the satisfaction of overdrafts. The term “ordinary care” shall be construed in keeping with the definition of that term in Article 3-103(a)(7103 (a) (7) of the Uniform Commercial Code as amended in 1990. We will be deemed to have exercised ordinary care if we have observed reasonable commercial standards prevailing for credit unions financial institutions in the area where we are located. Subject to applicable law, you agree that we will never be liable for any indirect, special, or consequential damages arising out of or related to any of our obligations under this Agreement, even if we have been advised of the possibility of such damages. If we pay an item over a forged drawer’s signature, we will not be liable for more than the face amount of the item, subject to applicable law. Except for our acts and omissions caused by our (a) failure to exercise ordinary care, (b) willful misconduct, or (c) breach of this Agreement, you agree to indemnify, defend, and hold us and our officers, employees, and agents harmless from and against any losses, claims, or expenses, including attorney’s fees and costs of litigation, arising out of or related to the services provided under this Agreement, subject to applicable law. You also agree to indemnify, defend, and hold us and our officers, employees, and agents harmless from any and all claims, expenses, losses, and damages arising out of our good faith reliance on any instructions provided by you. We will not be liable for the acts or omissions of a third party not within our control, and we will not be liable for any failure or delay in performance under this Agreement that is related to or caused by circumstances beyond our control. DEPOSIT OF ITEMS.