Failure to Honor Return Request or Pay Request Sample Clauses

Failure to Honor Return Request or Pay Request. Except as provided below, if Bank pays an Exception Check or Exception ACH Transaction listed in a Return Request made in accordance with this Part C, or returns an Exception Check or Exception ACH Transaction listed in a Pay Request made in accordance with this Part C, any liability of Bank to Customer shall be the lesser of (a) the amount of the Exception Check or Exception ACH Transaction; (b) Customer's actual damages resulting from Bank’s failure to return or pay the Exception Check or Exception ACH Transaction; or
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Failure to Honor Return Request or Pay Request. Except as provided below, if F&M BANK pays an Exception Check listed in a Return Request made in accordance with this Positive Pay Section, or returns an Exception Check listed in a Pay Request made in accordance with this Positive Pay Section, any liability of F&M BANK to Company shall be the lesser of (a) the amount of the Exception Check; (b) Company's actual damages resulting from F&M BANK’S failure to return or pay the Exception Check; or (c) the limit of liability under this Agreement or any other agreement between Company and F&M BANK. Notwithstanding the foregoing, F&M BANK retains the right to assert as a defense to any claim by Company that F&M BANK failed to honor any Return Request (a) that Company failed to exercise reasonable care; (b) that Company sustained no actual damages because payment of the Exception Check discharged for value an obligation of Company; and/or (c) any other defense available to F&M BANK or arising under any other agreement between it and Company or under any applicable law. Notwithstanding any other provision of this Agreement, and irrespective of any Pay Request made in accordance with this Positive Pay Section, F&M BANK shall have no liability to Company when F&M BANK, acting in good faith, returns an Exception Check: (a) that F&M BANK reasonably believed was not properly payable; or (b) if there are insufficient available funds on deposit in the Authorized Account; or (c) if required to do so by the service of legal process on F&M BANK or the instructions of any regulatory or government authority or any court.
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Related to Failure to Honor Return Request or Pay Request

  • Action Requested Consider approval of the agreements with the Nebraska Department of Education as summarized below.

  • Failure to Return to Work If, upon the expiration of FMLA or CFRA Leave, or any District approved extension thereof including General Leave, an employee fails to return to work and no additional leave has been authorized, the employee shall be considered to have automatically resigned from his or her position. In such cases, the employee will receive advance notification of the District’s intent to implement an automatic resignation.

  • Failure to Return from Leave Any employee who has been granted any type of unpaid leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence shall be considered as having resigned her or his position with the County, and her or his position shall thereupon be declared vacated, except and unless she or he has furnished evidence that she or he was unable to return to work for reasons protected by applicable Federal or State laws.

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Certified Mail When mailed by certified mail, return receipt requested, notice is effective upon receipt, if delivery is confirmed by a return receipt.

  • Return Requirements Ordering entity shall coordinate returns with the Contractor. Upon notification by the ordering entity of a duplicate shipment, over-shipment or shipment in poor condition, the products must be promptly removed at the contractor and/or dealer’s expense. Ordering entities reserve the right to return products for defects in material and/or workmanship. In the event of product return, the ordering entity reserves the right to accept either a full refund for the returned product or a replacement of the product.

  • Notice of Prepayment Borrower shall notify the Administrative Agent (and, in the case of prepayment of a Swingline Loan, the Swingline Lender) by telephone (confirmed by telecopy) of any prepayment hereunder (i) in the case of prepayment of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, one Business Day before the date of prepayment, (ii) in the case of prepayment of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before the date of prepayment or (iii) in the case of prepayment of a Swingline Loan, not later than 11:00 a.m., New York City time, on the date of prepayment. Each such notice shall be irrevocable and shall specify the prepayment date, the principal amount of each Borrowing or portion thereof to be prepaid and, in the case of a mandatory prepayment, a reasonably detailed calculation of the amount of such prepayment. Promptly following receipt of any such notice (other than a notice relating solely to Swingline Loans), the Administrative Agent shall advise the Lenders of the contents thereof. Each partial prepayment of any Borrowing shall be in an amount that would be permitted in the case of an advance of a Borrowing of the same Type as provided in Section 2.02, except as necessary to apply fully the required amount of a mandatory prepayment. Each prepayment of a Borrowing shall be applied ratably to the Loans included in the prepaid Borrowing. Prepayments shall be accompanied by accrued interest to the extent required by Section 2.06.

  • Notice of Nonpayment The Trustee shall notify the Grantor and the NDEQ Director by certified mail, return receipt requested, within 10 days following the expiration of the 30-day period after the anniversary of the establishment of the Trust, if no payment is received by the Grantor during that period. After the pay-in period is completed, the Trustee shall not be required to send a notice of nonpayment. Section 16.

  • Assistance on request 1. At the request of the applicant authority, the requested authority shall furnish it with all relevant information to enable it to ensure that customs legislation is correctly applied, including information regarding operations noted or planned which are or could be in breach of such legislation.

  • Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within thirty calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional shipments of Product or provision of services to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

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