Common use of Failure to Perform/Limitation of Liability Clause in Contracts

Failure to Perform/Limitation of Liability. ▪ We will use reasonable efforts to process your Wire Transfer request. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances: o If, through no fault of ours, the Eligible Transfer From Account does not contain sufficient available funds to complete the transfer and/or your request exceeds your available Wire Transfer limits; o The Transfer From Account does not meet the ownership criteria, is closed, or contains restrictive codes that prevent us from fulfilling the Wire Transfer request; o The Wire Transfer Service is not working properly; o You have not provided us with the correct information, including but not limited to the correct recipient or bank routing information; and/or, o Circumstances beyond our control such as, but not limited to: natural disasters; equipment or system failures; labor disputes, wars or riots; governmental, legal or regulatory restrictions or prohibitions; third party actions; or interference from an outside force prevents the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. We are not liable for any indirect, special or consequential damages.

Appears in 9 contracts

Samples: Businessexpress Online Banking Agreement, Businessexpress Online Banking Agreement, Online Banking Agreement

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Failure to Perform/Limitation of Liability. We will use reasonable efforts to process your Wire Transfer request. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances: o If, through no fault of ours, the Eligible Transfer From Account does not contain sufficient available funds to complete the transfer and/or your request exceeds your available Wire Transfer limits; o The Transfer From Account does not meet the ownership criteria, is closed, or contains restrictive codes that prevent us from fulfilling the Wire Transfer request; o The Wire Transfer Service is not working properly; o You have not provided us with the correct information, including but not limited to the correct recipient or bank routing information; and/or, o Circumstances beyond our control such as, but not limited to: natural disasters; equipment or system failures; labor disputes, wars or riots; governmental, legal or regulatory restrictions or prohibitions; third party actions; or interference from an outside force prevents the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. We are not liable for any indirect, special or consequential damages.

Appears in 5 contracts

Samples: Online Banking Agreement, Online Banking Agreement, Online Banking Agreement

Failure to Perform/Limitation of Liability. We will use reasonable efforts to process your Wire Transfer request. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances: o If, through no fault of ours, the Eligible Transfer From Account does not contain sufficient available funds to complete the transfer and/or your request exceeds your available Wire Transfer limits; . o The Transfer From Account does not meet the ownership criteria, is closed, or contains restrictive codes that prevent us from fulfilling the Wire Transfer request; . o The Wire Transfer Service is not working properlyproperly and you know or have been advised by us about the malfunction before you execute the request; o You have not provided us with the correct information, including but not limited to the correct recipient or bank routing information; and/or, o Circumstances beyond our control such as, but not limited to: natural disasters; equipment or system failures; labor disputes, wars or riots; governmental, legal or regulatory restrictions or prohibitions; third party actions; or interference from an outside force prevents the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. We are not liable for any indirect, special or consequential damages.  Any provision of this Online Banking Agreement that limits our liability does not negate our duty (if any) under applicable law to act in good faith and with reasonable care.

Appears in 1 contract

Samples: Online Banking Agreement

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Failure to Perform/Limitation of Liability. We will use reasonable efforts to process your Wire Transfer request. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances: o If, through no fault of ours, the Eligible Transfer From Account does not contain sufficient available funds to complete the transfer and/or your request exceeds your available Wire Transfer limits; . o The Transfer From Account does not meet the ownership criteria, is closed, or contains restrictive codes that prevent us from fulfilling the Wire Transfer request; . o The Wire Transfer Service is not working properlyproperly and you know or have been advised by us about the malfunction before you execute the request; o You have not provided us with the correct information, including but not limited to the correct recipient or bank routing information; and/or, o Circumstances beyond our control such as, but not limited to: natural disasters; equipment or system failures; labor disputes, wars or riots; governmental, legal or regulatory restrictions or prohibitions; third party actions; or interference from an outside force prevents the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. We are not liable for any indirect, special or consequential damages.  Any provision of this Online Banking Agreement that limits our liability does not negate our duty (if any) under applicable law to act in good faith and with reasonable care.

Appears in 1 contract

Samples: Online Banking Agreement

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