Liability for Failure to Make Sample Clauses

Liability for Failure to Make. “Electronic Fund Transfers”: If we do not complete an “electronic fund transfer” as described in Section 4, to or from your accounts on time or in the correct amount according to our agreements with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:  If, through no fault of ours, you do not have enough money in your account make the transfer.  If there is not enough money in your account, in excess of amounts you have pledged to us as collateral for a loan, to make the transfer.  If funds in your account are subject to garnishment or other legal process.  If we have, because of your default on a loan, exercised our rights against the funds in a pledged account.  If the transfer would go over the credit limit on your overdraft line.  If the automated teller machine where you made the transfer did not have cash.  If circumstances beyond our control, such as fire or flood, prevent the transfer, despite reasonable precautions we have taken.  We will also be excused from such liability if you fail to observe the terms of this agreement, or our account agreements with you, which relate to such “electronic funds transfers”.
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Liability for Failure to Make. “Electronic Fund Transfer”: If we do not complete an “electronic fund transfer,” as described in Section 4, to or from your account(s) on time or in the correct amount according to our agreements with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
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Liability for Failure to Make a Transfer – If we do not complete a transfer to or from your account, including a Xxxx Payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
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Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. The Bank will not be liable for failure to make transfers if: (1) if funds are not available in your bank account; (2) a legal order directs us to prohibit withdrawals from the account; (3) your account is closed, or if it has been frozen; (4) if the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts; (5) if you, or anyone authorized by you, commits any fraud or violates any law or regulation; (6) if Peoples Online Banking was not properly used; and (7) for circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) which prevent the transfer, despite reasonable precautions that we have taken. Your Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you are liable for no more than $50.00; however failure to notify us within 2 business days could result in liability for as much as $500. Exceptions, at our discretion, apply under extenuating circumstances (hospital stay, death in family, etc.) Disclaimer of Warranty and Limitation of Liability - Peoples Bank makes no warranties, express or implied, of any kind including, but not limited to, warranties of quality, accuracy, merchantability or fitness for a particular purpose with respect to Peoples Online Banking and we do not make any warranties that Peoples Online Banking will meet any specific requirements you may have, or be fit for any particular purpose. Should you assert any claim for or arising from any defect or breach in connection with the program, whether for incidental, consequential, direct or indirect damages, or in tort, your sole remedy, and our sole obligation, in respect thereof will be repair or replacement of the defect, if then reasonably availab...
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Liability for Failure to Make. Electronic Funds Transfers": If we do not complete an "electronic fund transfer," as described in Section 4, to or from your account(s) on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: • If, through no fault of ours, you do not have enough money in your account to make the transfer, as, for example, in cases where payroll deduction is not received promptly. • If there is not enough money in your account, in excess of amounts you have specifically pledged to us as collateral, to make the transfer. • If funds in your account are subject to garnishment or other legal process which prevents the making of the transfer. • If we have, because of default, exercised our rights against the funds in your account pursuant to a pledge of funds you gave us. • If the transfer would go over the credit limit on your overdraft line. • If there is not enough money in your account to make the transfer because of a deposit(s) made at a Service Center had not yet been posted to your account. Deposits at our Service Centers may not be posted the same day they are made. • If circumstances beyond our control prevent the transfer, despite reasonable precau- tions that we have taken. • If the automated teller machine where you are making the transfer does not have enough cash. • We will also be excused from liability if you fail to observe the terms and conditions of this Agreement, our audio response program or our account Agreements with you, which relates to such "electronic fund transfers."
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Liability for Failure to Make. Transfers If the Credit Union does not complete a transfer to or from your account on time or in the correct amount according to our Agreement with you, the Credit Union will be liable for your losses or damages. However, there are some exceptions.
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Related to Liability for Failure to Make

  • Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Our Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • OUR LIABILITY FOR FAILURE TO STOP PAYMENT If You order Us to place a stop payment on one of Your pre-authorized payments 3 business days or more before the transfer is scheduled, and We do not do so, We will be liable for losses or damages, to the extent provided by law. TRANSACTION SLIPS. Except for mail-in transactions and certain small-value transactions, You can get a receipt at the time You make any transaction to or from Your Account through the use of Your Card. When an electronic fund transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly. FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, and other specified information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network used, and You may be charged a fee for a balance inquiry even if You do not complete a fund transfer.

  • LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS If We do not

  • CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:

  • 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.

  • Remedy for failure to insure If the Concessionaire shall fail to effect and keep in force all insurances for which it is responsible pursuant hereto, the Authority shall have the option to either keep in force any such insurances, and pay such premia and recover the costs thereof from the Concessionaire, or in the event of computation of a Termination Payment, treat an amount equal to the Insurance Cover as deemed to have been received by the Concessionaire.

  • Liability for Breach of Contract 1. Party A and Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contract. 2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A; 3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses. 4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A; 5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B; 6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Failure to Make Payments If the Company fails to make any payment of interest on this Subordinated Note when such interest becomes due and payable and such default continues for a period of 30 days, or if the Company fails to make any payment of the principal of this Subordinated Note when such principal becomes due and payable, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holder, the whole amount then due and payable with respect to this Subordinated Note, with interest upon the overdue principal, any premium and, to the extent permitted by applicable law, upon any overdue installments of interest at the rate or respective rates, as the case may be, provided for or with respect to this Subordinated Note or, if no such rate or rates are so provided, at the rate or respective rates, as the case may be, of interest borne by this Subordinated Note. Upon an Event of Default, the Company may not declare or pay any dividends or distributions on, or redeem, purchase, acquire, or make a liquidation payment with respect to, any of the Company’s capital stock, make any payment of principal or interest or premium, if any, on or repay, repurchase or redeem any debt securities of the Company that rank equal with or junior to this Subordinated Note, or make any payments under any guarantee that ranks equal with or junior to this Subordinated Note, other than: (i) any dividends or distributions in shares of, or options, warrants or rights to subscribe for or purchase shares of, any class of Company’s common stock; (ii) any declaration of a dividend in connection with the implementation of a shareholders’ rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto; (iii) as a result of a reclassification of Company’s capital stock or the exchange or conversion of one class or series of Company’s capital stock for another class or series of Company’s capital stock; (iv) the purchase of fractional interests in shares of Company’s capital stock in accordance with the conversion or exchange provisions of such capital stock or the security being converted or exchanged; or (v) purchases of any class of Company’s common stock related to the issuance of common stock or rights under any benefit plans for Company’s directors, officers or employees or any of Company’s dividend reinvestment plans.

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