Common use of Limitation of Institution Liability Clause in Contracts

Limitation of Institution 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 this agreement and will be liable for loss sustained by you only to the extent such loss is caused by our 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 or authorized users; resulting from any receiving financial institution’s failure to accept any payment or funds transfer request; resulting from any delay in the performance of this agreement, which is caused by an act of god, fire or other casualty, electrical or computer failure, 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. If the Bank and/or its Service providers fail or delay in making a transfer or bill payment pursuant to your instruction, or if we make a transfer or payment 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 failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled the instruction. We may pay such interest either to you or the intended recipient of the payment, 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 an erroneous amount which exceeds the amount per your payment instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 nearest to the Bank for each day interest is due, computed on the basis of a three hundred sixty five (365) day year. No third party will have rights or claims against the Bank and its service providers under this agreement. The terms of this section will survive termination of this agreement.

Appears in 2 contracts

Samples: Banking and Bill Payment Agreement, Banking and Bill Payment Agreement

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Limitation of Institution Liability. The Bank This financial institution 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 this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. The Bank This Financial Institution and its Service providers Providers will have no liability for any loss or damage: related · Related to the dishonesty of the business customerBusiness Customer’s employees, officers, agents or authorized usersAuthorized Users; resulting · Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request; resulting · Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Bank HYPERION BANK and third parties, or any other condition outside of our control. If the Bank this Financial Institution and/or its Service providers Providers fail or delay in making a transfer or bill payment Bill Payment pursuant to your instruction, or if we make a transfer or payment 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 failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the payment, 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 Federal Funds rate at the federal reserve bank Federal Reserve Bank in the district nearest to the Bank HYPERION BANK for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the Bank and HYPERION BANK and/or its service providers Service Provider under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 2 contracts

Samples: www.hyperionbank.com, www.hyperionbank.com

Limitation of Institution Liability. The Bank This financial institution and its Service service providers will be deemed to have exercised all due care and to have acted reasonably rea- sonably if we act in accordance with the terms of this agreement and will be liable for loss sustained by you only to the extent such loss is caused by our willful misconduct. The Bank This financial institution and its Service service providers will have no liability for any loss or damage: related to the dishonesty of the business customer’s 's employees, officers, agents or agents, authorized users; resulting from any receiving financial institution’s 's failure to accept any payment or funds transfer request; resulting from any delay in the performance of this agreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failureFailure, delays or failure to act by any carrier, medium or agent operating between the Bank farmers national bank and third parties, or any other condition outside of our control. If the Bank this financial institution and/or its Service service providers fail or delay in making a payment or transfer or bill payment pursuant to your instructioninstruc- tion, or if we make a payment or transfer or payment in an erroneous amount which is less than the amount per your instruction, unless un- less otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay, calculated calcu- lated from the date on which the payment or transfer was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the paymentpayment or transfer, but in no event will we be liable li- able to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment in an erroneous amount which exceeds the amount per your payment instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (60) days interest. If we become liable to you for interest compensation under this agreement or applicable law, such interest shall be calculated calcu- lated based on the average federal funds rate at the federal reserve bank in the district nearest to the Bank of St. Louis for each day interest is due, computed com- puted on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the Bank farmers national bank and its service providers under this agreement. The terms of this section will survive termination of this agreement.

Appears in 1 contract

Samples: www.fnbky.com

Limitation of Institution Liability. The Bank This Financial Institution and its Service providers Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our GROSS NEGLIGENCE OR WILLFUL misconduct. The Bank This Financial Institution and its Service providers Providers will have no liability for any loss or damage: related • Related to the dishonesty of the business customer’s Business Customer's employees, officers, agents or authorized usersagents, and AUTHORIZED Users; resulting • Resulting from any receiving financial institution’s 's failure to accept any payment ANY PAYMENT or funds transfer request; resulting • Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Bank of Southern California N.A. and third parties, or any other condition outside of our control. If the Bank this Financial Institution and/or its Service providers Providers fail or delay in making a payment or transfer or bill payment pursuant to your instruction, or if we make a payment or transfer or payment 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 failed to timely pay, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the paymentpayment 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 nearest to the FEDERAL Reserve Bank of Atlanta for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No xxxx.Xx third party will have rights or claims against the Bank of Southern California N.A. and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: www.banksocal.com

Limitation of Institution Liability. The Bank This financial institution 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 this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. The Bank This Financial Institution and its Service providers Providers will have no liability for any loss or damage: related Related to the dishonesty of the business customerBusiness Customer’s employees, officers, agents or authorized usersAuthorized Users; resulting Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request; resulting Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Bank of Little Rock and third parties, or any other condition outside of our control. If the Bank this Financial Institution and/or its Service providers Providers fail or delay in making a transfer or bill payment Bill Payment pursuant to your instruction, or if we make a transfer or payment 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 failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the payment, 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 Federal Reserve Bank in the district nearest to the Bank of Little Rock for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the Bank of Little Rock and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: www.bankoflittlerock.com

Limitation of Institution Liability. The Bank this financial institution 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 this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. The Bank This Financial Institution and its Service providers Providers will have no liability for any loss or damage: related • Related to the dishonesty of the business customerBusiness Customer’s employees, officers, agents agents, or authorized usersAuthorized Users; resulting • Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request; resulting • Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the United State Bank and third parties, or any other condition outside of our control. If the Bank this Financial Institution and/or its Service providers Providers fail or delay in making a transfer or bill payment Bill Payment pursuant to your instruction, or if we make a transfer or payment 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 failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the payment, 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 Federal Reserve Bank in the district nearest to the united state Bank for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the Bank united state bank and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: Mobile Banking Agreement

Limitation of Institution Liability. The Bank This Financial Institution and its Service providers Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our WILLFUL misconduct. The Bank This Financial Institution and its Service providers Providers will have no liability for any loss or damage: related • Related to the dishonesty of the business customerBusiness Customer’s employees, officers, agents or authorized usersagents, Authorized Users; resulting • Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request; resulting • Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Bank COMMODORE BANK and third parties, or any other condition outside of our control. If the Bank this Financial Institution and/or its Service providers Providers fail or delay in making a payment or transfer or bill payment pursuant to your instruction, or if we make a payment or transfer or payment 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 failed to timely pay, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the paymentpayment 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 nearest to the Bank FEDERAL RESERVE BANK IN cLEVELAND for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the Bank COMMODORE BANK and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: secureservercdn.net

Limitation of Institution Liability. The Kearny Bank and its Service providers Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our gross negligence or willful misconduct. The Kearny Bank and its Service providers Providers will have no liability for any loss or damage: related  Related to the dishonesty of the business customerBusiness Customer’s employees, officers, agents or authorized usersAuthorized Users; resulting  Resulting from any receiving financial institutionFinancial Institution’s failure to accept any payment or funds transfer request; resulting  Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Kearny Bank and third parties, or any other condition outside of our control. If the Kearny Bank and/or its Service providers Providers fail or delay in making a transfer or bill payment pursuant to your instruction, or if we make a transfer or payment in an erroneous amount which is less than the amount per your instructionPayment Instruction, unless otherwise required by law our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the payment, 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 Federal Reserve Bank in the district nearest to the Kearny Bank for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the Kearny Bank and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: Internet Banking Agreement

Limitation of Institution Liability. The Bank This financial institution 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 this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. The Bank This Financial Institution and its Service providers Providers will have no liability for any loss or damage: related • Related to the dishonesty of the business customer’s Business Customer's employees, officers, agents or authorized usersAuthorized Users; resulting • Resulting from any receiving financial institution’s 's failure to accept any payment or funds transfer request; resulting • Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Farmers State Bank and third parties, or any other condition outside of our control. If the Bank this Financial Institution and/or its Service providers Providers fail or delay in making a transfer or bill payment Bill Payment pursuant to your instruction, or if we make a transfer or payment 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 failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the payment, 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 Federal Reserve Bank in the district nearest to the Farmers State Bank for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the Farmers State Bank and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: Internet Banking and Bill Payment Agreement

Limitation of Institution Liability. The Xxxxx County State Bank and its Service 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 this agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. The Bank This financial institution and its Service service providers will have no liability for any loss or damage: related to the dishonesty of the business customer’s employees, officers, agents agents, or authorized users; resulting from any receiving financial institution’s failure to accept any payment or funds transfer request; resulting from any delay in the performance of this agreement, which is caused by an act of god, fire fire, or other casualty, : electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Bank MCBank and third parties, or any other condition outside of our control. If the Bank this financial institution and/or its Service service providers fail or delay in making a transfer or bill payment pursuant to your instruction, or if we make a transfer or payment 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 failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the payment, 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 an erroneous amount which exceeds the amount per your payment instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 nearest to the Bank MCBank for each day interest is due, computed on the basis of a three hundred sixty sixty-five (365) day year. No third party will have rights or claims against the Bank and MCBank or its service providers under this agreement. The terms of this section will survive termination of this agreement.

Appears in 1 contract

Samples: Internet Banking Agreement

Limitation of Institution Liability. The Bank This Financial Institution and its Service providers Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our WILLFUL misconduct. The Bank This Financial Institution and its Service providers Providers will have no liability for any loss or damage: related · Related to the dishonesty of the business customerBusiness Customer’s employees, officers, agents or authorized usersagents, Authorized Users; resulting · Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request; resulting · Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Bank Profinium and third parties, or any other condition outside of our control. If the Bank this Financial Institution and/or its Service providers Providers fail or delay in making a payment or transfer or bill payment pursuant to your instruction, or if we make a payment or transfer or payment 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 failed to timely pay, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the paymentpayment 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 Federal Reserve Bank in the district nearest to the Bank PROFINIUM for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the Bank PROFINIUM and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: Payment Agreement

Limitation of Institution Liability. The Bank This Financial Institution and its Service providers Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. The Bank This Financial Institution and its Service providers Providers will have no liability for any loss or damage: related • Related to the dishonesty of the business customer’s employeesBusiness Customer's employees , officers, agents or authorized users; resulting • Resulting from any receiving financial institution’s Financial Institution's failure to accept any payment or funds transfer requestrequest ; resulting • Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Bank Crosspoint FCU and third parties, or any other condition outside of our control. If the Bank this Financial Institution and/or its Service providers Providers fail or delay in making a transfer or bill payment Bill Payment pursuant to your instruction, or if we make a transfer or payment 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 failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the payment, 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 Federal Reserve Bank in the district nearest to the Bank Crosspoint FCU for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the Bank Crosspoint FCU and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: Terms and Conditions Agreement

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Limitation of Institution Liability. The Bank this financial institution 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 this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. The Bank This Financial Institution and its Service providers Providers will have no liability for any loss or damage: related  Related to the dishonesty of the business customerBusiness Customer’s employees, officers, agents or authorized usersAuthorized Users; resulting  Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request; resulting  Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the ANCHOR D Bank and third parties, or any other condition outside of our control. If the Bank this Financial Institution and/or its Service providers Providers fail or delay in making a transfer or bill payment Xxxx Payment pursuant to your instruction, or if we make a transfer or payment 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 failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the payment, 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 Federal Reserve Bank in the district nearest to the ANCHOR D Bank for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the anchor d Bank and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: www.anchordbank.com

Limitation of Institution Liability. The Bank This Financial Institution and its Service providers Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our WILLFUL misconduct. The Bank This Financial Institution and its Service providers Providers will have no liability for any loss or damage: related •Related to the dishonesty of the business customerBusiness Customer’s employees, officers,agents, agents or authorized usersAuthorized Users; resulting • Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request; resulting • Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Bank VALLEY BANK OF KALISPELL and third parties, or any other condition outside of our control. If the Bank this Financial Institution and/or its Service providers Providers fail or delay in making a payment or transfer or bill payment pursuant to your instruction, or if we make a payment or transfer or payment 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 failed to timely pay, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the paymentpayment 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 nearest to the Federal Reserve Bank of Minneapolis for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the Valley Bank and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: Internet Banking and Bill Payment Agreement

Limitation of Institution Liability. The Bank This Financial Institution and its Service providers Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. The Bank This Financial Institution and its Service providers Providers will have no liability for any loss or damage: related · Related to the dishonesty of the business customerBusiness Customer’s employees, officers, agents or authorized usersAuthorized Users; resulting · Resulting from any receiving financial institution’s failure to accept any payment ANYPAYMENT or funds transfer request; resulting · Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Bank [FI Name] and third parties, or any other condition outside of our control. If the Bank this Financial Institution and/or its Service providers Providers fail or delay in making a payment or transfer or bill payment pursuant to your instruction, or if we make a payment or transfer or payment 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 failed to timely pay, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the paymentpayment 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 Federal Reserve Bank of New York in the district nearest to the Bank for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the Bank Coop Zeno GandÍa and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: gbsapi.onlinecu.com

Limitation of Institution Liability. The Bank This Financial Institution and its Service providers Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. The Bank This Financial Institution and its Service providers Providers will have no liability for any loss or damage: related • Related to the dishonesty of the business customerBusiness Customer’s employees, officers, agents or authorized users; resulting • Resulting from any receiving financial institutionFinancial Institution’s failure to accept any payment or funds transfer request; resulting • Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Bank Crosspoint FCU and third parties, or any other condition outside of our control. If the Bank this Financial Institution and/or its Service providers Providers fail or delay in making a transfer or bill payment Bill Payment pursuant to your instruction, or if we make a transfer or payment 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 failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the payment, 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 Federal Reserve Bank in the district nearest to the Bank Crosspoint FCU for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the Bank Crosspoint FCU and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: Terms and Conditions Agreement

Limitation of Institution Liability. The This Bank and its Service providers Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. The This Bank and its Service providers Providers will have no liability for any loss or damage: related - Related to the dishonesty of the business customerBusiness Customer’s employees, officers, agents or authorized usersSigners; resulting - Resulting from any receiving financial institutionBank’s failure to accept any payment or funds transfer request; resulting - Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Xxxxxx Deposit Bank and third parties, parties or any other condition outside of our control. If the this Bank and/or its Service providers Providers fail or delay in making a transfer or bill payment pursuant to your instruction, or if we make a transfer or payment in an erroneous amount which is less than that the amount per your instruction, unless otherwise required by law law, our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled the instruction. We may pay such interest either to you or the intended recipient of the payment, 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 an erroneous amount which exceeds exceed the amount per your payment payment/transfer instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment payment/transfer to the date of the refund, but in no event to exceed sixty (60) 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 Federal Funds rate at the federal reserve bank Federal Reserve Bank in the district nearest to the Xxxxxx Deposit Bank for each day interest is due, computed on the basis of a three hundred sixty five (365) 365 day year. No third party will have rights or claims against the Sebree Deposit Bank and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: Online Banking Agreement

Limitation of Institution Liability. The This Bank and its Service providers Providers will be deemed to have exercised all due care and to have acted reasonably if we act in accordance with the terms of this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. The This Bank and its Service providers Providers will have no liability for any loss or damage: related - Related to the dishonesty of the business customerBusiness Customer’s employees, officers, agents or authorized usersSigners; resulting - Resulting from any receiving financial institutionBank’s failure to accept any payment or funds transfer request; resulting - Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Sebree Deposit Bank and third parties, parties or any other condition outside of our control. If the this Bank and/or its Service providers Providers fail or delay in making a transfer or bill payment pursuant to your instruction, or if we make a transfer or payment in an erroneous amount which is less than that the amount per your instruction, unless otherwise required by law law, our liability shall be limited to interest on the amount which we failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled the instruction. We may pay such interest either to you or the intended recipient of the payment, 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 an erroneous amount which exceeds exceed the amount per your payment payment/transfer instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment payment/transfer to the date of the refund, but in no event to exceed sixty (60) 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 Federal Funds rate at the federal reserve bank Federal Reserve Bank in the district nearest to the Xxxxxx Deposit Bank for each day interest is due, computed on the basis of a three hundred sixty five (365) 365 day year. No third party will have rights or claims against the Sebree Deposit Bank and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: Online Banking Agreement

Limitation of Institution Liability. The Bank this financial institution 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 this agreement Agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. The Bank This Financial Institution and its Service providers Providers will have no liability for any loss or damage: related • Related to the dishonesty of the business customerBusiness Customer’s employees, officers, agents or authorized usersAuthorized Users; resulting • Resulting from any receiving financial institution’s failure to accept any payment or funds transfer request; resulting • Resulting from any delay in the performance of this agreementAgreement, which is caused by an act of godGod, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the ANCHOR D Bank and third parties, or any other condition outside of our control. If the Bank this Financial Institution and/or its Service providers Providers fail or delay in making a transfer or bill payment Bill Payment pursuant to your instruction, or if we make a transfer or payment 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 failed to timely pay, calculated from the date on which the payment was to be made until the date it was actually made or you cancelled canceled the instruction. We may pay such interest either to you or the intended recipient of the payment, 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 an erroneous amount which exceeds the amount per your payment instructionPayment Instruction, or if we permit an unauthorized payment 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, plus interest thereon from the date of the payment to the date of the refund, but in no event to exceed sixty (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 Federal Reserve Bank in the district nearest to the ANCHOR D Bank for each day interest is due, computed on the basis of a three hundred sixty five (365360) day year. No third party will have rights or claims against the anchor d Bank and its service providers Service Providers under this agreementAgreement. The terms of this section will survive termination of this agreementAgreement.

Appears in 1 contract

Samples: www.anchordbank.com

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