Errors and Rejections by Bank Sample Clauses

Errors and Rejections by Bank. If a transfer request identifies an intermediary bank or a beneficiary’s bank inconsistently by name and identifying number, execution of the request might be based solely upon the number, even if the number identifies a bank different from the named bank or a person who is not a bank. If a transfer request identifies a beneficiary inconsistently by name and account number, payment might be made by the beneficiary’s bank based solely upon the account number, even if the account number identifies a person different from the named beneficiary. Customer’s obligations shall not be excused in these circumstances. The Bank may in its sole discretion reject any transfer request or incoming transfer which does not conform to the limitations, procedures, and/or other requirements set forth in this Agreement, such as availability of funds on deposit. Unless prohibited by law, Bank may at its sole discretion reject any transfer request it receives from the Customer for any or no reason (including but not limited to suspicion that the request might be unauthorized or in violation of law or the rights of others). The Bank shall endeavor to notify the Customer of the Bank’s rejection of the transfer request by telephone, electronic message, U.S. mail or other commercially reasonable means. The Bank will comply with regulations issued by the US Treasury’s Office of Foreign Assets Control (OFAC). If any transfer request is to an entity listed on OFAC’s list of Specially Designated Nationals and Blocked Persons, by law the Bank shall not complete the transfer and shall “block” the funds until such time OFAC issues a written release to the Bank. The Bank shall have no liability to the Customer as a result of the Bank’s rejection of any transfer request or internal transfer if it complies with the terms of this Agreement.
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Errors and Rejections by Bank. Business Entity understands that Bank and any intermediary banks may execute wire transfer requests according to the identifying account and bank routing numbers provided by Business Entity. Business Entity understands that Bank may complete wire transfers by relying on account and routing numbers, even if the account or routing numbers conflict with the bank or beneficiary named by Business Entity. Bank may, but is not obligated to, reject wire transfers where the Business Entity provides incorrect or conflicting information. Business Entity understands that the beneficiary bank may also pay funds by relying upon the account number provided by Business Entity, even if the account number identifies a person different from the beneficiary named by Business Entity. Bank may refuse to execute any wire transfer request at any time for any reason. Bank may refuse to execute any wire transfer if Business Entity does not have adequate available funds on deposit with Bank. Bank may refuse to execute any wire transfer request that, in its sole discretion, Bank believes to be illegal, suspicious, or fraudulent by / purchased from, that does not conform to Business Entity’s agreements with Bank, or that does not conform to Bank policy or procedures. Bank will comply with regulations issued by the US Treasury’s Office of Foreign Assets Control (OFAC). By law, Bank will block wire transfers sent to persons on OFAC’s list of Specially Designated Nationals and Blocked Person. Bank will block such funds until OFAC issues a written release to the bank. Bank will have no liability to Business Entity as a result of Banks rejection of such wire transfers or as a result of blocking or refusing to transfer such funds. Bank will notify Business Entity of such rejection by any commercially reasonable means, including, but not limited to, by email, phone, or U.S. Mail. Business Entity understands and agrees that, in Bank’s sole discretion, Bank may share any and all information related to Business Entity’s wire transfers and wire transfer requests with receiving banks, with state and federal law enforcement, and with the Bank’s regulators. Bank will not share Business Entity’s authenticating credentials, including PINs belonging to Authorized Representatives or Authorized Representative’s usernames, logins, or tokens.

Related to Errors and Rejections by Bank

  • Waiver of Medical Coverage a. Regular, full-time employees who provide proof of alternate medical coverage may waive coverage through Kitsap County’s sponsored medical plans and for that waiver receive a one hundred dollar ($100.00) per month waiver-incentive payment; however, such payment is subject to employment taxes. Regular, full-time employees may not waive their individual medical coverage in lieu of coverage as a spouse/domestic partner on a County-sponsored medical plan.

  • Errors and Omissions Insurance Errors and Omissions Insurance to be maintained by the Servicer in accordance with Section 3.13.

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  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

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