Liability; Limitations on Liability; Indemnity. If the authority contained in this Agreement and any other agreement between Bank and Company should be revoked or terminated by operation of law without notice, it is agreed that Bank shall be held harmless from any loss suffered or liability incurred by acting after revocation or termination in the absence of such notice. Bank shall be responsible only for performing the services expressly provided for in this Agreement and shall be liable only for its negligence in performing those services. Bank shall not be responsible for Company’s acts or omissions (including without limitation the amount, accuracy, timeliness of Entries or due authorization of any Entry received from Company or its Authorized Agent). Company agrees to indemnify Bank against any loss, liability or expense (including attorneys’ fees and expenses) resulting from or arising out of any claim of any person that Bank is responsible for any act or omission of Company or any other person. In no event shall Bank be liable for any consequential, special, punitive or indirect loss or damage which Company may incur or suffer in connection with this Fund Transfer Agreement, including without limitation loss or damage from subsequent wrongful dishonor resulting from Bank’s acts or omissions pursuant to this Fund Transfer Agreement and this Agreement. Without limiting the generality of the foregoing provisions, Bank shall be excused and held harmless from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond Bank’s control. In addition, Bank shall be excused and held harmless from failing to initiate or delay in initiating an Entry if such initiation would result in Bank having exceeded any limitation upon its intra-day net funds position established pursuant to present or future Federal Reserve guidelines or in Bank otherwise violating any provisions of any present or future risk control program of the Federal Reserve or any rule or regulation of any other U.S. governmental regulatory authority. Subject to the foregoing limitations, Bank’s liability for loss of interest resulting from its error or delay shall be calculated by using a rate equal to the average Federal Funds rate at the Federal Reserve Bank of New York for the period involved. At Bank’s option, payment of such interest may be made by crediting the Account resulting ...
Liability; Limitations on Liability; Indemnity a. Bank shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for its negligence in performing those services. Bank shall not be responsible for Company’s acts or omissions (including without limitation the amount, accuracy, timeliness of transmittal or due authorization of any Entry (as that term is defined in Article VI below) received from Company or its Authorized Agent) or those of any other person, including without limitation any Federal Reserve Bank or transmission or communications facility, any Receiver or Receiving Depository Financial Institution (including without limitation the return of an Entry by such Receiver or Receiving Depository Financial Institution), and no such person shall be deemed Bank’s agent. Company agrees to indemnify Bank against any loss, liability or expense (including attorneys’ fees and expenses) resulting from or arising out of any claim of any person that Bank is responsible for any act or omission of Company or any other person described in this Section.
Liability; Limitations on Liability; Indemnity. A. In the performance of this Agreement, Bank shall be entitled to rely solely on the information, representations, and warranties provided by Customer pursuant to this Agreement and the use of the Mobile Deposit Service, and shall not be responsible for the accuracy or completeness thereof. Bank shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for its gross negligence or willful misconduct in performing those services. Bank shall not be responsible for Customer’s acts or omissions (including without limitation the amount, accuracy, timeliness of transmittal, or authorization of any deposit received from Customer) or those of any other person, including, without limitation, any Federal Reserve Bank, or transmission or communications facility, and no such person shall be deemed Bank’s agent. Bank makes no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, the existence of any latent or patent defects, viruses, or the accuracy or freedom from error, of the data or the program used by or furnished to the Bank or to you by licenser or others, in connection with any software or Service(s) provided to you under this Agreement. Without limiting the generality of the foregoing, the Bank makes no representation or warranty, express or implied, against any infringement of any proprietary rights of any other party. You assume the entire risk as to the quality and performance of the software provided, the suitability of the Mobile Deposit Service, and with respect to any documentation. This paragraph shall survive the termination of this Agreement by either you or the Bank, and also limits the liability of any agent, employee, or affiliate of the Bank. We do not and cannot warrant that the software provided will operate without errors, or that any or all of the Mobile Deposit Service will be available and operational at all times. You agree to indemnify Bank against any loss, liability, or expense (including attorney’s fees and expenses) resulting from or arising out of any claim of any person that the Bank is responsible for any act or omission of Customer or any other person described in this Section 16.
Liability; Limitations on Liability; Indemnity a. We shall be responsible only for performing the services expressly provided for in this Agreement and shall be liable only for our gross negligence in performing those services. We shall not be responsible for your acts or omissions (including without limitation the amount, accuracy, timeliness of transmittal or authorization of any file received from you) or those of any other person. We are authorized by you to process transactions in accordance with the information that we receive in the issued file transmission from you. You shall be solely responsible for the information contained in the file, and we shall have no responsibility for erroneous data provided by you. You will indemnify and hold us and our service providers harmless from and against any loss, charge, liability, cost, fee or expense (including attorneys’ fees and expenses) we suffer or incur resulting from any lawsuit, claim, arbitration or other action, actual or threatened, arising under or in connection with this Agreement, excluding those lawsuits, claims, arbitrations or other actions arising out ofour gross negligence.
Liability; Limitations on Liability; Indemnity. (a) Bank shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for its negligence in performing those services. Bank shall not be responsible for Client's acts or omissions (including without limitation the amount, accuracy, timeliness of transmittal or authorization of any Payment Order received from Client) or those of any other person, including without limitation any Federal Reserve Bank or transmission or communications facility, any receiving bank or any beneficiary, and no such person shall be deemed Bank's agent. Client agrees to indemnify Bank against any loss, liability or expense (including reasonable attorneys' fees and expenses) resulting from or arising out of any claim of any person that Bank is responsible for any act or omission of Client or any other person described in this Section. The foregoing shall apply to the services provided for in this Agreement, except as otherwise required by applicable law.
Liability; Limitations on Liability; Indemnity. Company is responsible for the results of using a TPS, any services provided by Processor, and for the accuracy and adequacy of the data Company or Processor provides. Company authorizes the ODFIs to act on any instruction which has been or reasonably appears to have been sent by Processor or Company, including but not limited to funds transfer instructions. ODFI is not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. Company understands that if it or the Processor provides the ODFIs with incorrect information or if there is any error in the instruction it accepts full responsibility for losses resulting from any of the errors, duplication, ambiguities, or fraud in the information that was provided to the ODFIs. The ODFIs are not responsible to third parties (such as, but not limited to, third party service providers and the third parties to whom wire or ACH debit or credits are transmitted hereunder) and Company shall defend, indemnify, and hold the ODFIs harmless from, the actions or omissions of the Processor, or any claim made against the ODFIs arising out of Company’s use of the services, breach of this Agreement, or breach of any warranty under the Rules. Company further represents and agrees that:
Liability; Limitations on Liability; Indemnity. The Credit Union shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for its gross negligence or willful misconduct in performing those services. The Credit Union shall not be responsible for the MEMBER’s acts or omissions (including without limitation the amount, accuracy, timeliness of transmittal or due authorization of any Entry received from the MEMBER) or those of any other person, including without limitation any Federal Reserve Bank or transmission or communications facility, any Receiver or Receiving Depository Financial Institution (RDFI) (including without limitation the return of an Entry by such Receiver or RDFI, and no such person shall be deemed the Credit Union’s agent. MEMBER agrees to indemnify the Credit Union against any loss, liability or expense (including attorneys’ fees and expenses) resulting from any claim of any person that the Credit Union is responsible for, any act of omission by the MEMBER or any other person or entity described in this Section. • In no event shall the Credit Union be liable for any consequential, special punitive or indirect loss or damage that the MEMBER may incur or suffer in connection with this Agreement, including losses or damages from subsequent wrongful dishonor resulting from the Credit Union’s acts or omissions pursuant to this Agreement. • The Credit Union shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission, or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond the Credit Union’s control. In addition, the Credit Union shall be excused from failing to transmit or delay in transmitting an Entry if such transmittal would result in Credit Union’s having exceeded any limitation upon its intra-day net funds position established pursuant to Federal Reserve guidelines or if the Credit Union is otherwise violating any provision of any risk control policy of the Federal Reserve or any rule or regulation of any other U.S. governmental regulatory authority. • The Credit Union’s liability for loss of interest resulting from its error or delay shall be calculated by using a rate equal to the average Federal Funds Rate at the Federal Reserve Bank of New York for the period involved. (At the Credit Union’s option, payment of such interest may be made by crediting the Account from any claim of any person that ...
Liability; Limitations on Liability; Indemnity. (a) In the performance of the services required by this Agreement, Bank shall be entitled to rely solely on the information, representations, and warranties provided by Company pursuant to this Agreement, and shall not be responsible for the accuracy or completeness thereof. Bank shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for its gross negligence or willful misconduct in performing those services. Bank shall not be responsible for Company’s acts or omissions (including without limitation the amount, accuracy, timeliness of transmittal, verification, or authorization of any Entry received from Company) or those of any other person, including without limitation any Federal Reserve Bank, Automated Clearing House Operator or transmission or communications facility, any Receiver or RDFI (including without limitation the return of an Entry by such Receiver or RDFI), and no such person shall be deemed Bank’s agent. Company agrees to indemnify Bank against any loss, liability or expense (including attorney’s fees and expenses) resulting from or arising out of any claim of any person that the Bank is responsible for any act or omission of Company or any other person described in this section.
Liability; Limitations on Liability; Indemnity. (a) The Financial Institution shall be responsible only for performing the services expressly provided for in this Agreement, and shall be liable only for its gross negligence and/or willful misconduct in performing those services. The Financial Institution shall not be responsible for the Originator's acts or omissions (including without limitation the amount, accuracy, timeliness of transmittal or due authorization of any entry received from the Originator) or those of any other person, including without limitation any Federal Reserve Bank or transmission or communications facility, any Receiver or Receiving Depository Financial Institution (including without limitation the return of an entry by such Receiver or Receiving Depository Financial Institutions), and no such person shall be deemed the Financial Institution's agent. Originator agrees to indemnify the Financial Institution against any loss, liability or expense (including attorneys' fees and expenses) resulting from any claim of any person that the Financial Institution is responsible for, any act of omission by the Originator or any other person described in this Section. Being fully aware that there may be risks associated with such transactions, Originator agrees to indemnify and hold Financial Institutions harmless and free from any claim, loss, liability, damage expense, etc(including reasonable attorney’s fees) arising directly or indirectly from this Agreement and/or the transactions contemplated therein
Liability; Limitations on Liability; Indemnity. 1. In the performance of the Services, the Bank shall be entitled to rely solely on the information, instructions, representations, and warranties provided by Customer or Customer’s agents, and shall not be responsible for investigating or confirming the accuracy or completeness thereof. Customer agrees to promptly review all bank and card statements and promptly notify the Bank of any problems or concerns.
