Common use of Liability for Failure to Make Payments Clause in Contracts

Liability for Failure to Make Payments. If we do not send a payment or make a transfer on time or in the correct amount according to your instruction and in accordance with Agreement and Disclosure, we will be liable for damages caused. However, there are some exceptions. We will not be liable, for instance, if: • Through no fault of ours, your account does not contain sufficient funds to make the payment or transfer. • The equipment, ATM network, phone lines or computer systems were not working properly or were temporarily unavailable. • Circumstance beyond our control, such as fire or flood, prevented the payment or transfer, despite reasonable precautions that we have taken. • A court order or legal process prevents us from making a transfer or payment. • You have previously reported or if we have a reasonable basis for believing that an unauthorized use of your password or designated account have occurred or may be occurring or if you default under any agreement with us or if you or the Bank terminates this Agreement. • The payee does not process a payment correctly or in a timely manner. • There may be other exceptions stated in our other agreements with you. • If any of the circumstances listed immediately above occur, we will make a reasonable effort to take appropriate corrective action or to process the transactions that may not have been completed or to correct transactions that have incorrectly been processed.

Liability for Failure to Make Payments. If we do not send a payment or make a transfer on time or in the correct amount according to your instruction and in accordance with Agreement and Disclosure, we will be liable for damages caused. However, there are some exceptions. We will not be liable, for instance, if: •  Through no fault of ours, your account does not contain sufficient funds to make the payment or transfer. •  The equipment, ATM network, phone lines or computer systems were not working properly or were temporarily unavailable. •  Circumstance beyond our control, such as fire or flood, prevented the payment or transfer, despite reasonable precautions that we have taken. •  A court order or legal process prevents us from making a transfer or payment. •  You have previously reported or if we have a reasonable basis for believing that an unauthorized use of your password or designated account have occurred or may be occurring or if you default under any agreement with us or if you or the Bank terminates this Agreement. •  The payee does not process a payment correctly or in a timely manner. •  There may be other exceptions stated in our other agreements with you. •  If any of the circumstances listed immediately above occur, we will make a reasonable effort to take appropriate corrective action or to process the transactions that may not have been completed or to correct transactions that have incorrectly been processed.

Liability for Failure to Make Payments. If we do not send a payment Payment or make a transfer Transfer on time or in the correct amount according to your instruction and in accordance with this Agreement and Disclosure, we will be liable for damages caused. However, there are some exceptions. We will not be liable, for instance, if: • Through no fault of ours, your account does not contain sufficient funds to make the payment or transfer. • The equipment, ATM network, phone lines lines, or computer systems were not working properly or were temporarily unavailable. • Circumstance beyond our control, such as fire or flood, prevented the payment Payment or transferTransfer, despite reasonable precautions that we have taken. • A court order or legal process prevents us from making a transfer or payment. • You have previously reported or if we have a reasonable basis for believing that an unauthorized use of your password Password, or designated account have occurred or may be occurring or if you default under any agreement with us or if you or the Bank terminates this Agreement. • The payee does not process a payment correctly or in a timely manner. • There may be other exceptions stated in our other agreements with you. • If any of the circumstances listed immediately above occur, we will make a reasonable effort to take appropriate corrective action or to process reprocess the transactions that may not have been completed or to correct transactions that have incorrectly been processed.