Common use of EXCLUSION OF FINANCIAL INSTITUTION RESPONSIBILITY Clause in Contracts

EXCLUSION OF FINANCIAL INSTITUTION RESPONSIBILITY. We are not responsible for any loss or damage suffered or incurred by You except to the extent caused by the gross negligence or intentional or wilful misconduct of the Financial Institution, and in any such case We will not be liable for any indirect, special, consequential, or exemplary damages (including, but not limited to, loss of profits) regardless of the cause of action and even if We have been advised of the possibility of such damages. In no event will We be liable for any cost, loss, or damage (whether direct, indirect, special, or consequential) suffered by You that is caused by: a) the actions of, or any failure to act by, You, a Signing Officer, or any Third Party (and no Third Party will be considered to be acting as an agent for Us unless expressly authorized to do so for that purpose); b) the inaccuracies in, or inadequacies of, any information furnished by You to Us, including, but not limited to any failed, duplicative, or erroneous transmission of Remote Instructions; c) the failure by Us to perform or fulfill any of Our obligations to You due to any cause beyond Our control; or d) forged, unauthorized, or fraudulent use of services, or forged, unauthorized, or fraudulent instructions or Instruments, or material alteration to an instruction, including Remote Instructions.

EXCLUSION OF FINANCIAL INSTITUTION RESPONSIBILITY. We are not responsible for any loss or damage suffered or incurred by You except to the extent caused by the gross negligence or intentional or wilful misconduct of the Financial Institution, and in any such case We will not be liable for any indirect, special, consequential, or exemplary damages (including, but not limited to, loss of profits) regardless of the cause of action and even if We have been advised of the possibility of such damages. In no event will We be liable for any cost, loss, or damage (whether direct, indirect, special, or consequential) suffered by You that is caused by: a) a. the actions of, or any failure to act by, You, a Signing Officer, or any Third Party (and no Third Party will be considered to be acting as an agent for Us unless expressly authorized to do so for that purpose); b) b. the inaccuracies in, or inadequacies of, any information furnished by You to Us, including, but not limited to any failed, duplicative, or erroneous transmission of Remote Instructions; c) c. the failure by Us to perform or fulfill any of Our obligations to You You, due to any cause beyond Our control; or d) d. forged, unauthorized, or fraudulent use of services, or forged, unauthorized, or fraudulent instructions or Instruments, or material alteration to an instruction, including Remote Instructions.

EXCLUSION OF FINANCIAL INSTITUTION RESPONSIBILITY. We are not responsible for any loss or damage suffered or incurred by You except to the extent caused by the gross negligence or intentional or wilful willful misconduct of the Financial Institution, and in any such case We will not be liable for any indirect, special, consequential, or exemplary damages (including, but not limited to, loss of profits) regardless of the cause of action and actionand even if We have been advised of the possibility of such damages. In no event will We be liable for any cost, loss, or damage (whether direct, indirect, special, or consequential) suffered by You that is caused bycausedby: a) the actions ofactionsof, or any failure anyfailure to act by, You, a Signing Officer, or any Third Party (and no Third Party will be considered to be acting as an agent for Us unless expressly authorized to do so for that purpose); b) the inaccuracies in, or inadequacies of, any information furnished by You to Us, including, but not limited to any failed, duplicative, or erroneous transmission of Remote Instructions; c) the failure by Us to perform or fulfill any of Our obligations to You due to any cause beyond Our controlanycausebeyond Ourcontrol; or d) forged, unauthorized, or fraudulent use of services, or forged, unauthorized, or fraudulent instructions or Instruments, or material alteration to an instruction, including Remote Instructions.