Common use of Exclusion from Liability Clause in Contracts

Exclusion from Liability. 22.1 The Bank is not liable for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by the Accountholder whether during or after the term of this Agreement. For the purposes of this Agreement, indirect or consequential loss or damage includes, without limitation, loss of revenues, profits, anticipated savings or business, loss of data or goodwill, claims of third parties whether due to forgery or otherwise and all other associated and incidental costs and expenses. However, this does not limit any other clauses on exclusion of liability. 22.2 The Bank is not liable for any diminution in the value of any amount deposited in the Account due to taxes or depreciation or for the unavailability of any amounts in the currency of such deposit on maturity due to restrictions on convertibility, requisitions, involuntary transfers, distraints of any character, exercise of governmental or military powers, wars, strikes or other causes beyond the Bank’s control. 22.3 If the country of issuance of any currency restricts availability, credit or transfers of any amounts in such currency, the Bank will have no obligation to pay to the Accountholder any funds in such currency from the Account, whether by way of draft or cash, in the relevant currency or any other currency. 22.4 The Bank shall not be liable for any failure to provide any service or to perform any obligations or for any loss, damage, liability, costs, claims, demands or expenses of any kind howsoever caused or in any way whatsoever and whether such loss, damage, liability, costs, claims, demands or expenses are attributable (directly or indirectly) to any dispute or any other matter or circumstances whatsoever including, but not limited to, any calamity or condition, act of God, electrical or communication disruption, industrial action, exercise of governmental or military powers, wars, strikes, any error caused by machine or hardware malfunctions or manufacturer’s operating software defects, any failure, disruption or breakdown of any equipment, computer, machine, data processing system or transmission link or the cards or ATM, the withdrawal of ATM services in other countries (which services will be governed by local regulations), the temporary insufficiency of funds in such machines, action of a government or governmental agency, change of law or regulation (or change in the interpretation of law or regulation), or anything outside the control of the Bank, its servants or agents. If any of the aforesaid circumstances occurs and the Bank has debited the Account or taken action prior to such occurrence, the Bank is not obliged to reverse the debit or action or pay or compensate the Accountholder in respect of the amount so debited or action so taken. 22.5 Notwithstanding anything contained in this Agreement, nothing herein shall absolve the Bank from liability where the loss arising from fraud or forgery was caused solely and exclusively by the negligence or fraudulent or dishonest act of the Bank or its officers or its employees.

Exclusion from Liability. 22.1 The Bank is not liable for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by the Accountholder whether during or after the term of this Agreement. For the purposes of this Agreement, indirect or consequential loss or damage includes, without limitation, loss of revenues, profits, anticipated savings or business, loss of data or goodwill, claims of third parties whether due to forgery or otherwise and all other associated and incidental costs and expenses. However, this does not limit any other clauses on exclusion of liability. 22.2 The Bank is not liable for any diminution in the value of any amount deposited in the Account due to taxes or depreciation or for the unavailability of any amounts in the currency of such deposit on maturity due to restrictions on convertibility, requisitions, involuntary transfers, distraints of any character, exercise of governmental or military powers, wars, strikes or other causes beyond the Bank’s control.. HBSP/ CVM/ WEL/ TB/ TNC101 22.3 If the country of issuance of any currency restricts availability, credit or transfers of any amounts in such currency, the Bank will have no obligation to pay to the Accountholder any funds in such currency from the Account, whether by way of draft or cash, in the relevant currency or any other currency. 22.4 The Bank shall not be liable for any failure to provide any service or to perform any obligations or for any loss, damage, liability, costs, claims, demands or expenses of any kind howsoever caused or in any way whatsoever and whether such loss, damage, liability, costs, claims, demands or expenses are attributable (directly or indirectly) to any dispute or any other matter or circumstances whatsoever including, but not limited to, any calamity or condition, act of God, electrical or communication disruption, industrial action, exercise of governmental or military powers, wars, strikes, any error caused by machine or hardware malfunctions or manufacturer’s operating software defects, any failure, disruption or breakdown of any equipment, computer, machine, data processing system or transmission link or the cards or ATM, the withdrawal of ATM services in other countries (which services will be governed by local regulations), the temporary insufficiency of funds in such machines, action of a government or governmental agency, change of law or regulation (or change in the interpretation of law or regulation), or anything outside the control of the Bank, its servants or agents. If any of the aforesaid circumstances occurs and the Bank has debited the Account or taken action prior to such occurrence, the Bank is not obliged to reverse the debit or action or pay or compensate the Accountholder in respect of the amount so debited or action so taken. 22.5 Notwithstanding anything contained in this Agreement, nothing herein shall absolve the Bank from liability where the loss arising from fraud or forgery was caused solely and exclusively by the negligence or fraudulent or dishonest act of the Bank or its officers or its employees.

Exclusion from Liability. HBSP/ CVM/ WEL/ TB/ TNC101 22.1 The Bank is not liable for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by the Accountholder whether during or after the term of this Agreement. For the purposes of this Agreement, indirect or consequential loss or damage includes, without limitation, loss of revenues, profits, anticipated savings or business, loss of data or goodwill, claims of third parties whether due to forgery or otherwise and all other associated and incidental costs and expenses. However, this does not limit any other clauses on exclusion of liability. 22.2 The Bank is not liable for any diminution in the value of any amount deposited in the Account due to taxes or depreciation or for the unavailability of any amounts in the currency of such deposit on maturity due to restrictions on convertibility, requisitions, involuntary transfers, distraints of any character, exercise of governmental or military powers, wars, strikes or other causes beyond the Bank’s control. 22.3 If the country of issuance of any currency restricts availability, credit or transfers of any amounts in such currency, the Bank will have no obligation to pay to the Accountholder any funds in such currency from the Account, whether by way of draft or cash, in the relevant currency or any other currency. 22.4 The Bank shall not be liable for any failure to provide any service or to perform any obligations or for any loss, damage, liability, costs, claims, demands or expenses of any kind howsoever caused or in any way whatsoever and whether such loss, damage, liability, costs, claims, demands or expenses are attributable (directly or indirectly) to any dispute or any other matter or circumstances whatsoever including, but not limited to, any calamity or condition, act of God, electrical or communication disruption, industrial action, exercise of governmental or military powers, wars, strikes, any error caused by machine or hardware malfunctions or manufacturer’s operating software defects, any failure, disruption or breakdown of any equipment, computer, machine, data processing system or transmission link or the cards or ATM, the withdrawal of ATM services in other countries (which services will be governed by local regulations), the temporary insufficiency of funds in such machines, action of a government or governmental agency, change of law or regulation (or change in the interpretation of law or regulation), or anything outside the control of the Bank, its servants or agents. If any of the aforesaid circumstances occurs and the Bank has debited the Account or taken action prior to such occurrence, the Bank is not obliged to reverse the debit or action or pay or compensate the Accountholder in respect of the amount so debited or action so taken. 22.5 Notwithstanding anything contained in this Agreement, nothing herein shall absolve the Bank from liability where the loss arising from fraud or forgery was caused solely and exclusively by the negligence or fraudulent or dishonest act of the Bank or its officers or its employees.