Common use of Limitation of Bank's Liability Clause in Contracts

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. 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 which that is less than the amount per your instructions, unless otherwise required by law law, our liability shall be limited to interest on the amount which 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 which 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 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 Custodia Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. UNLESS OTHERWISE REQUIRED BY LAWUnless otherwise required by law, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIALin no event will Custodia Bank be liable to you for special, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDINGindirect or consequential damages including, WITHOUT LIMITATIONwithout limitation, LOST PROFITS OR ATTORNEYS’ FEESlost profits or attorney's fees, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGESeven if we are advised in advance of the possibility of such damages. For the provisions governing our liability for ACH or Wire Transfers, please see Section 5.E above.

Limitation of Bank's Liability. i) If we fail or delay in making a payment or transfer pursuant to your instructions, instructions or if we make a payment or transfer in an erroneous amount amount, which is less than the amount per your instructions, unless otherwise required by law our liability liability, CBT shall be limited to interest on the amount which we failed to timely pay or transfer, . This is 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 . 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 of the transaction 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 liability, CBT 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 agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Kansas City Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360365-day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL CONSEUENTIAL 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. Except as specifically provided in this Agreement or where the law requires a different standard, you agree that Heritage Oaks Bank nor any of its subsidiaries or affiliates (collectively, "Heritage Oaks Bank") nor any third party service providers engaged by Heritage Oaks Bank to perform any of the services connected with HOB Online shall be responsible for any damages, loss, property damage or bodily injury, incurred as a result of your using or attempting to use the HOB Online Service, whether caused by the equipment software, Internet browser, Internet access providers or on-line service providers or an agent or subcontractor of any of the foregoing. Nor shall Heritage Oaks Bank or any third party s e rv i c e providers engaged by Heritage Oaks Bank be responsible f o r any direct, indirect. Special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, HOB Online or Internet browser or access software, or from the unavailability of HOB Online or for any errors in information provided through that service. 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. 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 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 shall we be liable to both parties, and our payment to either party will shall 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 shall 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 LAWYour Heritage Oaks Bank accounts accessed by HOB Online continue to be governed by the following Heritage Oaks Bank agreements and documents, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIALas they are amended from time to time: • Deposit Account Agreement and Disclosure • The Schedule of Account Fees and Services • The Electronic Funds Transfer Agreement and Disclosure • Facts about Funds Availability- Deposits, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDINGHolds and Withdrawals • The Personal and Business Checking Account Features Brochure If you have overdraft protection accounts that are accessed by HOB Online, WITHOUT LIMITATIONthey continue to be governed by the applicable agreements you have with Heritage Oaks Bank. If any i n c o n s i s t e n c y exists b e t w e e n such other documentation and t h i s Agreement, LOST PROFITS OR ATTORNEYS’ FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGESthen this Agreement shall control to the extent of the inconsistency.

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 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 in 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’ 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. 3.8.1 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 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 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 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 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. . 3.8.2 UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK WE 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. 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 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 shall we be liable to both parties, and our payment to either party will shall 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 shall 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 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 our Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. UNLESS OTHERWISE REQUIRED BY LAWUnless otherwise required by law, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIALin no event will the Bank be liable to you for special, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDINGindirect or consequential damages including, WITHOUT LIMITATIONwithout limitation, LOST PROFITS OR ATTORNEYS’ FEESlost profits or attorneys' fees, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGESeven if we are advised in advance of the possibility of such damages. Your CFB accounts accessed by CFB-Online continue to be governed by all agreements, documents, and disclosures provided to you, and as they are amended from time to time. If you have overdraft protection or credit card accounts that are accessed by the Service, they continue to be governed by the applicable agreements you have with CFB. If any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of the inconsistency. Both parties (you and CFB) agree to submit any dispute arising from use of this service to binding arbitration in the State of South Carolina according to the rules of the American Arbitration Association. You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the accounts to or from which transfers are made using the Service. We can terminate your electronic banking privileges under this Agreement without notice to you if you do not pay any fee when due, or if you do not comply with any agreement governing your accounts, or if any such account is not maintained in good standing. We can also terminate the Service if we believe that an actual or potential unauthorized use of your Access ID, Password or account may be occurring. CFB reserves the right to terminate your access to the CFB-Online Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law. We can amend this Agreement upon notice to you, which you agree may be sent by email. Any notice will be effective not later than ten (10) days after we send the notice (unless a law or regulation requires a longer notice period), whether or not you have retrieved the notice by that time. We may, from time to time, introduce new services that are part of CFB-Online. We will update this Agreement to notify you of these new services. By using CFB-Online after those new services become available, you agree to be bound by the terms contained in the revised agreement.

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 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 shall we be liable to both parties, and our payment to either party will shall 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 shall 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 360365-day year. UNLESS OTHERWISE REQUIRED BY LAWUnless otherwise required by law, IN NO EVENT WILL THE BANK BE LIABLE TO YOU FOR SPECIALin no event will the Bank be liable to you for special, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDINGindirect or consequential damages including, WITHOUT LIMITATIONwithout limitation, LOST PROFITS OR ATTORNEYS’ FEESlost profits or attorneys' fees, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGESeven if we are advised in advance of the possibility of such damages. Your The Citizens Bank of Edina accounts accessed by The Citizens Bank of Edina Online continue to be governed by the following The Citizens Bank of Edina agreements and documents, as they are amended from time to time: (1) Deposit Agreement and Disclosures, (2) the applicable Personal or Business Schedule of Fees, (3) the applicable Miscellaneous Fees for Personal or Business Accounts, and, for Money Market Accounts, your Money Market Account Customer Agreement. If you have overdraft protection or credit card accounts that are accessed by the Service, they continue to be governed by the applicable agreements you have with The Citizens Bank of Edina. If any inconsistency exists between such other documentation and this Agreement, then this Agreement shall control to the extent of the inconsistency. You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the accounts to or from which transfers are made using the Service. We can terminate your electronic banking privileges under this Agreement without notice to you if you do not pay any fee when due, or if you do not comply with any agreement governing your accounts, or if any such account is not maintained in good standing. We can also terminate the Service if we believe that an actual or potential unauthorized use of your Access ID, Password or account may be occurring. The Citizens Bank of Edina reserves the right to terminate your access to the The Citizens Bank of Edina Online Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law. We can amend this Agreement upon notice to you, which you agree may be sent by e-mail. Any notice will be effective not later than ten (10) days after we send the notice (unless a law or regulation requires a longer notice period), whether or not you have retrieved the notice by that time. We may, from time to time, introduce new services that are part of The Citizens Bank of Edina Online. We will update this Agreement to notify you of these new services. By using The Citizens Bank of Edina Online after those new services become available, you agree to be bound by the terms contained in the revised agreement.

Limitation of Bank's Liability. 3.8.1 If we fail or delay in making payment or transfer pursuant to your toyour instructions, or if we make a payment or transfer in an erroneous amount which amountwhich is less than the amount per your instructions, unless otherwise required by law requiredby law, our liability shall be limited to interest on the amount which we failed to failedto timely pay or transfer, calculated from the date on which the payment or transfer was transferwas 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 paymentor transfer, but in no event event, will we be liable to both parties, and our payment ourpayment to either party will fully discharge any obligation to the other. If we make wemake a payment or transfer in an erroneous amount amount, which exceeds the amount per your peryour instructions, or if we permit an unauthorized payment or transfer after we have wehave had a reasonable time to act on a notice from you of possible unauthorized use unauthorizeduse as described above, unless otherwise required by law law, our liability will be limited belimited to a refund of the amount erroneously paid or transferred, plus interest plusinterest thereon from the date of the payment or transfer to the date of the refundtherefund, but in no event to exceed 60 days’ ´ interest. If we become liable to you for youfor interest compensation under this Agreement or applicable law, such interest shall interestshall be calculated based on the average federal funds rate at the Federal Reserve FederalReserve Bank in the district where the Bank is headquartered for each day interest dayinterest is due, computed on the basis of a 360-day year. . 3.8.2 UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK WE BE LIABLE TO LIABLETO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATIONWITHOUTLIMITATION, LOST PROFITS OR ATTORNEYS’ ' FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF ADVANCEOF THE POSSIBILITY OF SUCH DAMAGES.