Limitation of Bank Liability. Notwithstanding anything in this Agreement to the contrary, in no event shall the Bank or any of its officers, directors, employees or agents (collectively, the "Indemnified Parties") be liable to the Trust or any third party, and the Trust shall indemnify and hold the Bank and the Indemnified Parties harmless from and against any and all loss, damage, liability, actions, suits, claims, costs and expenses, including legal fees, (a "Claim") arising as a result of any act or omission of the Bank or any Indemnified Party under this Agreement, except for any Claim resulting solely from the negligence, willful misfeasance or bad faith of the Bank or any Indemnified Party. Without limiting the foregoing, neither the Bank nor the Indemnified Parties shall be liable for, and the Bank and the Indemnified Parties shall be indemnified against, any Claim arising as a result of:
(a) Any act or omission by the Bank or any Indemnified Party in good faith reliance upon the terms of this Agreement, any Officer's Certificate, Proper Instructions, resolution of the Board, telegram, telecopier, notice, request, certificate or other instrument reasonably believed by the Bank to genuine;
(b) Any act or omission of any subcustodian selected by or at the direction of the Trust;
(c) Any act or omission of any Foreign Custody Manager other than the Bank or any act or omission of any Eligible Foreign Custodian if the Bank is not the Foreign Custody Manager;
(d) Any Corporate Action, distribution or other event related to Fund Securities which, at the direction of the Trust, have not been registered in the name of the Bank or its nominee;
(e) Any Corporate Action requiring a Response for which the Bank has not received Proper Instructions or obtained actual possession of all necessary Securities, consents or other materials by 5:00 p.m. on the date specified as the Response Deadline;
(f) Any act or omission of any European Branch of a U.S. banking institution that is the issuer of Eurodollar CDs in connection with any Eurodollar CDs held by such European Branch; or
(g) Information relied on in good faith by the Bank and supplied by any Authorized Person in connection with the calculation of (i) the net asset value and public offering price of the shares of capital stock of the Trust or (ii) the Yield Calculation.
Limitation of Bank Liability. Bank has no duties with respect to the Program other than those expressly set forth herein, in each Tri-Party Agreement to which Bank is a party, and in the Program Rules and operating procedures. Bank shall have no liability for losses arising in connection with the Program other than those caused by its own breach of its obligations in respect of the Program (including a breach of this Agreement or any Tri- Party Agreement among OCC, Bank and any customer of Bank or a violation of the Program Rules) or by its own negligence, fraud or willful misconduct. Bank shall not be liable for any special, indirect, consequential or punitive damages of any form incurred by any person or entity with respect to Bank’s performance or non- performance under this Agreement. In addition, Bank shall have no liability for any damage, loss, expense or liability of any nature that OCC or Customer may suffer or incur caused by an event beyond the control of Bank.
Limitation of Bank Liability. THE BANK AND ITS SERVICE PROVIDERS WILL BE DEEMED TO HAVE EXERCISED ALL DUE CARE AND TO HAVE ACTED REASONABLY IF WE ACT IN ACCORDANCE WITH THE TERMS OF THESE TERMS AND CONDITIONS AND WILL BE LIABLE FOR LOSS SUSTAINED BY YOU ONLY TO THE EXTENT SUCH LOSS IS CAUSED BY OUR WILLFUL MISCONDUCT. THE BANK AND ITS SERVICE PROVIDERS WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE: • RELATED TO THE DISHONESTY OF THE BUSINESS CUSTOMER'S EMPLOYEES, OFFICERS, AGENTS, ADMINISTRATORS; • RESULTING FROM ANY RECEIVING FINANCIAL INSTITUTION'S FAILURE TO ACCEPT ANY PAYMENT OR FUNDS TRANSFER REQUEST; • RESULTING FROM ANY DELAY IN THE PERFORMANCE OF THESE TERMS AND CONDITIONS, WHICH IS CAUSED BY AN ACT OF GOD, FIRE OR OTHER CASUALTY, ELECTRICAL OR COMPUTER FAILURE, CIVIL UNREST, LABOR DISPUTES, DELAYS OR FAILURE TO ACT BY ANY CARRIER, MEDIUM OR AGENT OPERATING BETWEEN THE BANK AND THIRD PARTIES, OR ANY OTHER CONDITION OUTSIDE OF OUR CONTROL; • THE BUSINESS CUSTOMER'S ACTIONS OR OMISSIONS, OR THOSE OF THIRD PARTIES THAT ARE NOT WITHIN OUR IMMEDIATE AND REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION THE ACTIONS OF ANY THIRD PARTY NETWORK OR SERVICES PROVIDER NECESSARY FOR THE PERFORMANCE OF THE SERVICES; • THE BUSINESS CUSTOMER'S NEGLIGENCE OR BREACH OF ANY AGREEMENT WITH US ; • ANY AMBIGUITY, INACCURACY OR OMISSION IN ANY INSTRUCTION OR INFORMATION PROVIDED TO US, OR THE MISUSE, THEFT, OR MISAPPROPRIATION OF ACCESS CREDENTIALS BY THE BUSINESS CUSTOMER, ITS EMPLOYEES, AGENTS OR ANY THIRD PARTIES; • ANY ERROR, FAILURE OR DELAY IN THE TRANSMISSION OR DELIVERY OF DATA, RECORDS, OR ITEMS DUE TO A BREAKDOWN IN ANY COMPUTER OR COMMUNICATIONS FACILITY; • THE APPLICATION OF ANY GOVERNMENT OR FUNDS-TRANSFER SYSTEM RULE, GUIDELINE, POLICY OR REGULATION; • THE LACK OF AVAILABLE FUNDS IN THE CUSTOMER'S ACCOUNT TO COMPLETE A TRANSACTION; • OUR INABILITY TO CONFIRM TO ITS SATISFACTION THE AUTHORITY OF ANY PERSON TO ACT ON THE CUSTOMER'S BEHALF; OR • THE CUSTOMER'S FAILURE TO FOLLOW ANY APPLICABLE SOFTWARE MANUFACTURER'S RECOMMENDATIONS, THE BANKS’S SERVICES INSTRUCTIONS, OR THE CUSTOMER'S OBLIGATIONS WITH RESPECT TO THE SECURITY PROCEDURES OR ITS OWN SECURITY PROCEDURES. IF THE BANK AND/OR ITS SERVICE PROVIDERS FAIL OR DELAY IN MAKING A PAYMENT OR TRANSFER PURSUANT TO YOUR INSTRUCTION, OR IF WE MAKE A PAYMENT OR TRANSFER IN AN ERRONEOUS AMOUNT WHICH IS LESS THAN THE AMOUNT PER YOUR INSTRUCTION, UNLESS OTHERWISE REQUIRED BY LAW OUR LIABILITY SHALL BE LIMITED TO INTEREST ON THE AMOUNT WHICH WE FA...
Limitation of Bank Liability. 10.1. The Bank cannot guarantee the possibility of using the mobile banking Service with any type or model of mobile devices and shall not be held liable if the Client is unable to use KDBUz Mobile application due to hardware or software features of the Client's Mobile device.
10.2. Acknowledging the fact that the Bank does not provide mobile communication and data transmission services, the Client agrees that the Bank shall not be liable for poor quality mobile banking Service due to the reasons related to mobile communication network and Internet networks failure.
10.3. The Bank shall not be liable: - for the poor performance of third parties and entities (Internet providers, electricity networks and other services). The Bank’s liability towards the Client does not include the indirect losses incurred by the Client as a result of System failures due to lack of electricity or other third-party disputes, as a result of which the functioning of the System became impossible, even if the Bank has been informed of the possibility of such losses, unless the Client proves that such losses were incurred as result of the Bank’s willful misconduct or negligence; - for any malfunctions, errors or failures in the operation of the software and/or hardware of third parties ensuring the System functioning, which may occur for reasons beyond the control of the Bank; - for the fact that the Client does not promptly inform the Bank about changes related to his/her passport details and/or Mobile phone number, at this could interrupt the Service or reveal information constituting a banking secret; - for unauthorized execution of transactions via the Service in the event that Client's Mobile device (SIM card) has come into the possession of a third party; - if the Client discloses the Authentication Data, the Authorization code and any other confidential information that would allow third parties to gain access to the Service; - if the Client discloses information obtained through the mobile banking Service to a third party; - for any loss or damage incurred by the Client as a result of unauthorized access to the System by third parties.