Limitation of Bank's Liability. If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount that we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. Unless otherwise required by law, in no event will the Bank be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorney's fees, even if we are advised in advance of the possibility of such damages.
Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res that are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greements, notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood State Bank Online Banking are inaccurate or incomplete. If any part of the Glenwood State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. If your funds are subject to legal proceeding or if any other claim restricts the transaction. If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts). If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negl...
Limitation of Bank's Liability. The Bank shall not be liable for or prejudiced by any loss, depreciation or other damage to Accounts or other Collateral unless caused by the Bank's willful and malicious act, and the Bank shall have no duty to take any action to preserve or collect any Account or other Collateral.
Limitation of Bank's Liability. If we fail or delay in making payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days’ interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS’ FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Bank's Liability. The Bank's duties and responsibilities under this Agreement are as set forth herein. The Bank shall act only upon receipt of Advice from Broker regarding release or substitution of Collateral. The Bank shall not be liable or responsible for anything done, or omitted to be done by it in good faith and in the absence of negligence and may rely and shall be protected in acting upon any notice, instruction or other communication which it reasonably believes to be genuine and authorized. As between Customer and the Bank, the terms of the Custodian Agreement entered into thereby shall apply with respect to the responsibilities of the Bank and any losses or liabilities of such parties arising out of matters covered by this Agreement. As between the Bank and Broker, Broker shall indemnify and hold the Bank harmless with regard to any losses or liabilities of the Bank (including counsel fees) imposed on or incurred by the Bank arising out of any action or omission of the Bank in accordance with any Advice, notice or instruction of Broker under this Agreement. In matters concerning or relating to this Agreement, the Bank shall not be responsible for compliance with any statute or regulation regarding the establishment or maintenance of margin credit, including but not limited to Regulations T or X of the Board of Governors of the Federal Reserve System, or with any rules or regulations of the Office of the Controller of the Currency (or the Securities and Exchange Commission). With respect to all securities, however registered, it is understood that all voting rights and other rights and powers shall be exercised exclusively by Customer. Bank's only duty with respect thereto shall be to mail to Customer any documents received, including proxy statements and offering circulars, with any proxies for securities registered in a nominee name executed by such nominee. The Bank shall not be liable to any party for any acts or omissions of the other parties to this Agreement.
Limitation of Bank's Liability. The rights and benefits of this Agreement shall not inure to the benefit of any third party, except as otherwise provided in this Agreement. Notwithstanding anything to the contrary contained in this Agreement or in any of the other Loan Documents, or any conduct or course of conduct by the Borrower or the Bank or their respective affiliates, agents or employees, neither this Agreement nor any such Loan Documents shall be construed as creating any rights, claims or causes of action against the Bank in favor of any person or entity other than the Borrower.
Limitation of Bank's Liability. The Bank shall not be liable to the Card Holder or to any third party, for any loss or damage suffered due to the following reasons:
Limitation of Bank's Liability. The Bank's duties and responsibilities are as set forth in this Agreement. The Bank shall act only upon receipt of Advice from Broker regarding release of Collateral. The Bank shall not be liable or responsible for anything done, or omitted to be done by it in good faith and in the absence of negligence and may rely and shall be protected in acting upon any notice, instruction or other communication which it reasonably believes to be genuine and authorized. As between Customer and the Bank, the terms of the Custodian Agreement shall apply with respect to any losses or liabilities of such parties arising out of matters covered by this Agreement. As between the Bank and Broker, Broker shall indemnify and hold the Bank harmless with regard to any losses or liabilities of the Bank (including counsel fees) imposed on or incurred by the Bank arising out of any action or omission of the Bank in accordance with any notice or instruction of Broker under this Agreement. In matters concerning or relating to this Agreement, the Bank shall not be responsible for compliance with any statute or regulation regarding the establishment or maintenance of margin credit, including but not limited to Regulations T or X of the Board of Governors of the Federal Reserve System, or with any rules or regulations of the OCC. The Bank shall not be liable to any party for any acts or omissions of the other parties to this Agreement.
Limitation of Bank's Liability. In furtherance and extension and not in limitation of the specific provisions set forth in the first paragraph of this Section 4.6, any action taken or omitted by Bank under or in connection with the Letters of Credit issued by it or any documents and certificates delivered thereunder, if taken or omitted in good faith, shall not put Bank under any resulting liability to Borrower.
Limitation of Bank's Liability. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT OR ANY APPLICABLE SEPARATE AGREEMENT, AND EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, BANK'S LIABILITY TO YOU IS LIMITED TO DAMAGES ARISING DIRECTLY AND SOLELY FROM BANK'S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE IN THE PERFORMANCE OF THE ONLINE BANKING SERVICES; PROVIDED THAT BANK'S MAXIMUM AGGREGATE LIABILITY RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE LESSER OF THE ACTUAL DIRECT DAMAGES SUSTAINED AND PROVEN BY YOU OR THE TOTAL PAID BY YOU FOR THOSE ONLINE BANKING SERVICES RESULTING IN SUCH LIABILITY IN THE MONTH PRECEDING THE DATE THE CLAIM ACCRUED. You release and agree to hold harmless, defend, and indemnify Bank, its directors, officers, employees, agents, affiliates, controlling persons, agents and representatives and their successors and assigns from and against any and all liabilities, demands, claims, actions or causes of action, assessments, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) and all fines, penalties and interest thereon (collectively, "Losses") as a result or arising out of, directly or indirectly: (i) Bank's actions or omissions in connection with providing the Online Banking services, if such actions or omissions are in accordance with your instructions or the terms of this Agreement; (ii) any breach of your representations or warranties, or other actions or omissions of you, including, without limitation, your violation of Applicable Laws; (iii) any actions of third parties (including, without limitation, other financial institutions, automated clearinghouses, the Federal Reserve Bank or any third party with which Bank may contract in connection with the Online Banking services to be provided); (iv) any transmission or instruction, whether or not authorized, acted upon by Bank in good faith; or (v) any act or omission by you (or any of your directors, officers, agents, representatives, employees, affiliates controlling persons, and their respective successors and assigns) in connection with, or any intentional or unintentional failure by you (or any of your directors, officers, employees, affiliates, controlling persons, agents and representatives and their respective successors and assigns) to comply with, utilize or follow, information security procedures and protections, including, without limitation, any act, omission or failure related to access number(s), password(s), log-in ID(s), security tokens, passco...
