LIABILITY FOR PAYMENTS. 7.1 Subject to the remainder of this paragraph 7, where it is established that:
(a) a Payment was not authorised by you or was incorrectly initiated or executed by us; and
(b) you have notified us via the Associated Service Provider and the Associated Service Provider has notified us, without undue delay on becoming aware of the unauthorised or incorrectly executed Payment and in any event no later than 13 months after the date the Payment was made, we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Business Day following the day on which we became aware of the unauthorised Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities.
7.2 We shall not be liable for non-execution or defective execution of a Payment which we have made in accordance with a Unique Identifier given to us by you or deemed to have been given by you which proves to be incorrect. However, we shall make efforts to trace any non-executed or defectively executed Payment and notify you of the outcome.
7.3 We are liable to you under paragraph 7.1 for the correct execution of a Payment unless:
(a) paragraph 7.2 applies; or
(b) we can prove to you (and where relevant, to the Beneficiary’s payment service provider) that the Beneficiary’s payment service provider received the amount of the Payment within the appropriate time period described in paragraph 3.10.
7.4 Under Article 41 of the Regulations, you may be entitled to a refund in certain circumstances where a Payment is initiated by the Beneficiary. It is not anticipated that any Payment will be initiated by a Beneficiary under the Services provided by us pursuant this Schedule.
7.5 The provisions in this paragraph 7 shall survive termination of this Agreement and any Contract.
7.6 In some circumstances a number of intermediaries (such as correspondent xxxxx) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges cannot therefore be calculated in advance. You hereby acknowledge that you shall be liable for these charges.
LIABILITY FOR PAYMENTS. 7.1 Any liability for the payment by Tenant of any money hereunder, including, without limitation, Additional Rent, shall survive the expiration of the Term or earlier termination of this Lease.
LIABILITY FOR PAYMENTS. The Company (or certain of its subsidiaries) shall continue to be liable to the Plan Participants to make all payments required under the terms of the Plans to the extent such payments have not been made pursuant to this Trust Agreement. Distributions made from the Trust to or for Plan Participants in respect of the Plans pursuant to Article VII hereof, shall, to the extent of such distributions, satisfy the Company’s (or certain of its subsidiaries’) obligation to pay benefits to such Plan Participants under the Plans.
LIABILITY FOR PAYMENTS. 21.1 Where the Client notifies Argentex that a Payment was not authorised by Client or was incorrectly executed by Xxxxxxxx, Argentex shall, as soon as practicable after we become aware, refund the amount of the Payment together with all fees and otherwise restore the Client’s account to the state it was in before the Payment was made. Argentex shall make the refund as soon as practicable after it is notified about the Payment, and in any event within one (1) Working Day), unless it reasonably suspects fraud.
21.2 The refund in 21.1 shall also not apply in the particular circumstances below depending on the type of Client.
21.3 Argentex will not provide a refund:
(a) unless it has been grossly negligent in carrying out a Payment Instruction or has acted fraudulently or with wilful default;
(b) for an incorrectly executed payment if the Client provided us with incorrect payment details; or
(c) if the Client does not notify Argentex within one (1) month from the date of the Payment that the Payment was unauthorised or incorrectly executed.
21.4 Argentex will treat the use of the Client's or an Authorised Person’s Security Details as evidence either that a Payment was authorised or that the Client or Authorised Person failed to keep their Security Details safe.
21.5 The Client will indemnify Argentex for any loss which arises from your use of a
LIABILITY FOR PAYMENTS. MetLife has no obligation to inquire as to the authority of any payee to receive any payments made under this Contract or to inquire into or see to the payee's application of any amounts so paid.
LIABILITY FOR PAYMENTS. The Business Trustee shall not be liable for any amounts payable under this Agreement or any document executed by the Trust except to the extent that the Business Trustee has actually received the funds required to make such payment.
LIABILITY FOR PAYMENTS. MCWIC shall be liable for payment only for services rendered prior to the effective date of the termination of the contract, provided that such services performed are in accordance with the provisions of the contract.
LIABILITY FOR PAYMENTS. The joint Noteholders in respect of any CVR Note are liable severally as well as jointly in respect of all payments which ought to be made by the joint CVR Noteholders in respect of the CVR Note.
LIABILITY FOR PAYMENTS. The joint Noteholders in respect of any Note are liable severally as well as jointly in respect of all payments which ought to be made by the joint Noteholders in respect of the Note.
LIABILITY FOR PAYMENTS. Anything in this Agreement to the contrary notwithstanding, GE shall not be responsible for making any payments required to be made by POA pursuant to any Facility Agreements, or any other agreement, with respect to the Facility and/or the Site. In the event POA shall become liable or obligated to pay any fine or penalty due to the violation of any Legal Requirement or Permit then GE shall reimburse and indemnify POA but only to the extent such liability or obligation results from the negligence or willful misconduct of GE or any failure by GE to perform its obligations hereunder.
