Liability for Direct or Consequential Damages Sample Clauses

Liability for Direct or Consequential Damages. If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds or pursuant to our Funds Availability Policy, or if the transaction involves a loan request exceeding your credit limit. * If you used your Card or access code in an incorrect manner. * If the ATM where you are making the transfer does not have enough cash. * If the ATM was not working properly and you knew about the problem when you started the transaction. * If acts of God (such as fire, flood, or power failure) prevent the transaction. * If the money in your account is subject to legal process or other claim. * If funds in your account are pledged as collateral subject to our lien or frozen because of a delinquent loan. * If the error was caused by a system of any participating ATM network. * If any circumstances beyond our control (such as your willful or negligent use of your Card, access code, or any EFT facility for making such transfers) prevent the transaction. * If the telephone or computer equipment you use to conduct audio response or electronic/PC transactions is not working properly and you know or should have known about the breakdown when you started the transaction. * Any other exceptions as established by the Credit Union.
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Liability for Direct or Consequential Damages. If through no fault of ours, there is not enough money in your account to complete the transaction, if any funds in your account necessary to complete the transaction are held as uncollected funds or in accordance with our Funds Availability Policy, or if the transaction involves a loan request exceeding your credit limit. • If the ATM where you are making the transfer does not have enough cash. • If the ATM was not working properly and you knew about the problem when you started the transaction. • If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction. • If the money in your account is subject to legal process or other claims. • If funds in your account are pledged as collateral or frozen because of a delinquent loan. • If the error was caused by a system of any participating ATM network. • If the electronic transfer is not completed as a result of your willful or negligent use of your Card, access code, or any EFT facility for making such transfers. • If the telephone or computer equipment you use to conduct audio response or electronic/PC transactions is not working properly and you know or should have known about the breakdown when you started the transaction. • Any other exceptions as established by the Credit Union.
Liability for Direct or Consequential Damages. If, through no fault of ours there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds or pursuant to our Funds Availability Policy, or it the transaction involves a loan request exceeding your credit limit. If you used your Card or access code in an incorrect manner. If the ATM where you are making the transfer does not have enough cash. If the ATM was not working properly and you knew about the problem when you started the transaction. If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction. If the money in our account is subject to legal process or other claim. If funds in your account are pledged as collateral or frozen because of a delinquent loan If the error was caused by a system of any participating ATM network. If the electronic transfer is not completed as a result of your willful or negligent use of your Card, access code, or any EFT facility for making such transfers. Any other exceptions as established by the Credit Union.
Liability for Direct or Consequential Damages. If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds or pursuant to our Funds Availability Policy, or if the transaction involves a loan request exceeding your credit limit. If you used your Card or access code in an incorrect manner. If the ATM/ITM where you are making the transfer does not have enough cash. If the ATM/ITM was not working properly and you knew about the problem when you started the transaction. If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction. If the money in your account is subject to legal process or other claim. If funds in your account are pledged as collateral or frozen because of a delinquent loan. If the error was caused by a system of any participating ATM/ITM network. If the electronic transfer is not completed as a result of your willful or negligent use of your Card, access code, or any EFT facility for making such transfers. If the telephone or computer equipment you use to conduct audio response or electronic/PC transactions is not working properly and you know or should have known about the breakdown when you started the transaction. If you have bill payment services, we can only confirm the amount, the participating merchant, and date of the bill payment transfer made by the Credit Union. For any other error or question you have involving the billing statement of the participating merchant, you must contact the merchant directly. We are not responsible for investigating such errors. Any other exceptions as established by the Credit Union.
Liability for Direct or Consequential Damages lf, through no fault of ours, there is not enough money in your accounts to complete the transaction. lf any funds in your accounts necessary to complete the transaction are held as uncollected funds, or pursuant to our Funds Availability Policy, or if the transaction involves a loan request exceeding your credit limit. • lf you used your Card or access code in an incorrect manner. • lf the ATM where you are making the transfer does not have enough cash. • lf the ATM was not working properly and you knew about the problem when you started the transaction. • lf circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction. • lf the money in your account is subject to legal process or other claim. • lf funds in your account are pledged as collateral or frozen because of a delinquent loan. • lf the error was caused by a system of any participating ATM network. • lf the electronic transfer is not completed as a result of your willful or negligent use of your Card, access code, or any EFT facility for making such transfers. • Any other exceptions as established by the Credit Union.

Related to Liability for Direct or Consequential Damages

  • NO LIABILITY FOR CONSEQUENTIAL DAMAGES In no event shall Xxxxxxxx Software GmbH or its distributors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Software and related materials, even if Xxxxxxxx Software GmbH has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

  • Consequential Damages Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.

  • No Consequential Damages Other than the Liquidated Damages heretofore described and the indemnity obligations set forth in Article 18.1, in no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to another Party under separate agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.

  • Claims for Consequential Damages The Owner retains its right to claim for consequential damages in the event the Design Professional fails to perform under this Contract.

  • Special Damages NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL EITHER PARTY OR ANY PERSON IN ITS GROUP BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNIFIED PARTY IS REQUIRED TO PAY ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS (OTHER THAN DAMAGES OR LOST PROFITS CONSTITUTING EXCLUDED LIABILITIES), TO A PERSON WHO IS NOT IN EITHER GROUP IN CONNECTION WITH A THIRD PARTY CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND WILL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS SECTION 11.17.

  • Liability for Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions.

  • Punitive Damages The Administrative Agent, the Lenders and the Borrower hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

  • Disclaimer of Consequential Damages Notwithstanding any provision to the contrary, in no event shall any Party be liable to another Party for any incidental, consequential, special, exemplary or indirect damages, lost business profits or lost data arising out of or in any way related to the Contract Documents.

  • Exclusion of Consequential Damages ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages.

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