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.
Appears in 1 contract
Samples: Cash Management Master Agreement
Liability; Limitations on Liability; Indemnity. a. a) We shall be responsible only for performing the services expressly provided for in this Agreement 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 or Checks from you. You shall be solely responsible for the information contained in the filefile or Checks entered, 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 of our gross negligence.
Appears in 1 contract
Samples: Positive Pay Agreement
Liability; Limitations on Liability; Indemnity. a. a) We shall be responsible only for performing the services expressly provided for in this Agreement 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 of our gross negligence.
Appears in 1 contract
Samples: Agreement
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.
Appears in 1 contract
Samples: Cash Management Master Agreement