Common use of Liability; Limitations on Liability; Indemnity Clause in Contracts

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. Bank (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 negligence in performing those services. Bank The Financial Institution shall not be responsible for the Company’s '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) entry received from Company or its Authorized Agentthe Company) 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 entry by such Receiver or Receiving Depository Financial InstitutionInstitutions), and no not such person shall be deemed Bank’s the Financial Institution's agent. Company agrees to indemnify Bank the Financial Institution against any loss, liability or expense (including attorneys’ ' fees and expenses) resulting from or arising out of any claim of any person that Bank the Financial Institution is responsible for for, any act or of omission of by the Company or any other person described in this Section.