Common use of EXCLUSION OF FINANCIAL INSTITUTION RESPONSIBILITY Clause in Contracts

EXCLUSION OF FINANCIAL INSTITUTION RESPONSIBILITY. The Financial Institution is not responsible for any loss or damage suffered or incurred by the Depositor except to the extent caused by the gross negligence or intentional or wilful misconduct of the Financial Institution, and in any such case the Financial Institution will a) the actions of, or any failure to act by, the Depositor, or any Third Party (and no Third Party will be considered to be acting as an agent for the Financial Institution unless expressly authorized to do so); b) the inaccuracies in, or inadequacies of, any information provided by the Depositor to the Financial Institution, including, but not limited to, any failed, duplicative, or erroneous transmission of Remote Instructions; c) the failure by the Financial Institution to perform or fulfill any of its obligations to the Depositor, due to any cause beyond the Financial Institution’s 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. The Financial Institution is not responsible for any loss or damage suffered or incurred by the Depositor Subscribing Member and any Related Party (if applicable) except to the extent caused by the gross negligence or intentional or wilful willful misconduct of the Financial Institution, and in any such case the Financial Institution willany a) the actions of, or any failure to act by, the Depositor, or any Third Party (and no Third Party will be considered to be acting as an agent for the Financial Institution unless expressly authorized approved to do so); b) the inaccuracies in, or inadequacies of, any information provided furnished by the Depositor Subscribing Member and any Related Party (if applicable) to the Financial Institution, including, but not limited to, any failed, duplicative, or erroneous transmission of Remote Instructions; c) the failure by the Financial Institution to perform or fulfill any of its obligations to the Depositor, Subscribing Member and any Related Party (if applicable) due to any cause beyond the Financial Institution’s control; or d) forged, unauthorizedunapproved, or fraudulent use of services, or forged, unauthorizedunapproved, or fraudulent instructions or Instruments, or material alteration to an instruction, including Remote Instructions.

EXCLUSION OF FINANCIAL INSTITUTION RESPONSIBILITY. The Financial Institution is not responsible for any loss or damage suffered or incurred by the Depositor except to the extent caused by the gross negligence or intentional or wilful misconduct of the Financial Institution, and in any such case the Financial Institution willwill not be liable for any indirect, special, consequential, or exemplary damages (including, but a) the actions of, or any failure to act by, the Depositor, or any Third Party (and no Third Party will be considered to be acting as an agent for the Financial Institution unless expressly authorized to do so); b) the inaccuracies in, or inadequacies of, any information provided by the Depositor to the Financial Institution, including, but not limited to, any failed, duplicative, or erroneous transmission of Remote Instructions; c) the failure by the Financial Institution to perform or fulfill any of its obligations to the Depositor, due to any cause beyond the Financial Institution’s 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.