Common use of Limitation of Ally Bank’s Liability Clause in Contracts

Limitation of Ally Bank’s Liability. A. Failure to Complete a Transaction In addition to other limitations on liability set forth in this Agreement, we and our Vendors shall not incur any liability to you if we cannot complete a payment or other transaction because of one or more of the following: • If, through no fault of our own, your Eligible Account or any associated Overdraft Transfer Service (as defined in the Ally Bank Deposit Agreement) does not contain sufficient funds to complete a payment; • Circumstances beyond our control (such as fire, flood, or interference from an outside force) prevent the proper execution of a payment or transfer transaction, and we have taken reasonable precautions to avoid those circumstances; • If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly; • We will also not be liable if: (a) a legal order directs us to prohibit withdrawals from the Account;

Limitation of Ally Bank’s Liability. A. Failure to Complete a Transaction In addition to other limitations on liability set forth in this Agreement, we and our Vendors shall not incur any liability to you if we cannot complete a payment payment, service, or other transaction because of one or more of the following: • If, through no fault of our own, your Eligible Account or any associated Overdraft Transfer Service (as defined in the Ally Bank Deposit Agreement) does not contain sufficient funds to complete a payment; • Circumstances beyond our control (such as fire, flood, or interference from an outside force) prevent the proper execution of a payment or transfer transaction, and we have taken reasonable precautions to avoid those circumstances; • If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly; • We will also not be liable if: (a) a legal order directs us to prohibit withdrawals from the Account;