Common use of Limitation of Institution Liability Clause in Contracts

Limitation of Institution Liability. 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 and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. This Financial Institution 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 HYPERION BANK and third parties, or any other condition outside of our control. If this Financial Institution 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 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 HYPERION BANK for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against HYPERION BANK and/or its Service Provider under this Agreement. The terms of this section will survive termination of this Agreement.

Limitation of Institution Liability. This 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 and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. This Financial Institution 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 HYPERION BANK ANCHOR D Bank and third parties, or any other condition outside of our control. If this Financial Institution 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 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 federal funds rate at the Federal Reserve Bank in the district nearest to HYPERION BANK ANCHOR D Bank for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against HYPERION BANK and/or anchor d Bank and its Service Provider Providers under this Agreement. The terms of this section will survive termination of this Agreement.

Limitation of Institution Liability. This financial institution 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 agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. This Financial Institution The 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 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 HYPERION BANK the Bank and third parties, or any other condition outside of our control. If this Financial Institution the Bank 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 canceled 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 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 HYPERION BANK the Bank for each day interest is due, computed on the basis of a three hundred sixty five (360365) day year. No third party will have rights or claims against HYPERION BANK and/or the Bank and its Service Provider service providers under this Agreementagreement. The terms of this section will survive termination of this Agreementagreement.

Limitation of Institution Liability. This financial institution 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 and will be liable for loss sustained by you only to the extent such loss is caused by our gross negligence or willful misconduct. This Financial Institution Kearny 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 institutionFinancial 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 HYPERION BANK Kearny Bank and third parties, or any other condition outside of our control. If this Financial Institution Kearny Bank and/or its Service 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 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 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 federal funds rate at the Federal Reserve Bank in the district nearest to HYPERION BANK Kearny Bank for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against HYPERION BANK and/or Kearny Bank and its Service Provider Providers under this Agreement. The terms of this section will survive termination of this Agreement.

Limitation of Institution Liability. 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 and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. This Financial Institution 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 HYPERION BANK Bank of Little Rock and third parties, or any other condition outside of our control. If this Financial Institution 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 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 federal funds rate at the Federal Reserve Bank in the district nearest to HYPERION BANK Bank of Little Rock for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against HYPERION BANK and/or Bank of Little Rock and its Service Provider Providers under this Agreement. The terms of this section will survive termination of this Agreement.

Limitation of Institution Liability. This financial institution 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 and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. This Financial Institution 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 Usersauthorized users; · • Resulting from any receiving financial institutionFinancial 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 HYPERION BANK Crosspoint FCU and third parties, or any other condition outside of our control. If this Financial Institution 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 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 federal funds rate at the Federal Reserve Bank in the district nearest to HYPERION BANK Crosspoint FCU for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against HYPERION BANK and/or Crosspoint FCU and its Service Provider Providers under this Agreement. The terms of this section will survive termination of this Agreement.

Limitation of Institution Liability. This financial institution 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 and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. This Financial Institution 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 ANYPAYMENT 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 HYPERION BANK [FI Name] and third parties, or any other condition outside of our control. If this Financial Institution and/or its Service 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 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 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 or applicable law, such interest shall be calculated based on the average Federal Funds federal funds rate at the Federal Reserve Bank of New York in the district nearest to HYPERION BANK for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against HYPERION BANK and/or Coop Zeno GandÍa and its Service Provider Providers under this Agreement. The terms of this section will survive termination of this Agreement.

Limitation of Institution Liability. This financial institution 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 and will be liable for loss sustained by you only to the extent such loss is caused by our GROSS NEGLIGENCE OR WILLFUL misconduct. This Financial Institution and its 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 Authorized agents, and AUTHORIZED Users; · • Resulting from any receiving financial institution’s 's failure to accept any payment 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 HYPERION BANK Bank of Southern California N.A. and third parties, or any other condition outside of our control. If this Financial Institution and/or its Service 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 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 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 federal funds rate at the Federal FEDERAL Reserve Bank in the district nearest to HYPERION BANK of Atlanta for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No xxxx.Xx third party will have rights or claims against HYPERION BANK and/or Bank of Southern California N.A. and its Service Provider Providers under this Agreement. The terms of this section will survive termination of this Agreement.

Limitation of Institution Liability. This 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 and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. This Financial Institution 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 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 HYPERION BANK United State Bank and third parties, or any other condition outside of our control. If this Financial Institution 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 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 federal funds rate at the Federal Reserve Bank in the district nearest to HYPERION BANK united state Bank for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against HYPERION BANK and/or united state bank and its Service Provider Providers under this Agreement. The terms of this section will survive termination of this Agreement.

Limitation of Institution Liability. This financial institution 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 and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. This Financial Institution and its Service Providers will have no liability for any loss or damage: · • Related to the dishonesty of the Business Customer’s employees's employees , officers, agents or Authorized Usersauthorized users; · • Resulting from any receiving financial institution’s Financial Institution's failure to accept any payment or funds transfer requestrequest ; · • 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 HYPERION BANK Crosspoint FCU and third parties, or any other condition outside of our control. If this Financial Institution 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 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 federal funds rate at the Federal Reserve Bank in the district nearest to HYPERION BANK Crosspoint FCU for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against HYPERION BANK and/or Crosspoint FCU and its Service Provider Providers under this Agreement. The terms of this section will survive termination of this Agreement.

Limitation of Institution Liability. 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 agreement and will be liable for loss sustained by you only to the extent such loss is caused by our willful misconduct. This Financial Institution financial institution and its Service Providers service 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, authorized 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 God, fire or other casualty, electrical or computer failureFailure, delays or failure to act by any carrier, medium or agent operating between HYPERION BANK farmers national bank and third parties, or any other condition outside of our control. If this Financial Institution financial institution and/or its Service Providers 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 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 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 calcu- lated based on the average Federal Funds federal funds rate at the Federal Reserve Bank in the district nearest to HYPERION BANK federal reserve bank of St. Louis for each day interest is due, computed com- puted on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against HYPERION BANK and/or farmers national bank and its Service Provider service providers under this Agreementagreement. The terms of this section will survive termination of this Agreementagreement.

Limitation of Institution Liability. This financial institution 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 and will be liable for loss sustained by you only to the extent such loss is caused by our WILLFUL misconduct. This Financial Institution 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 agents, 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 HYPERION COMMODORE BANK and third parties, or any other condition outside of our control. If this Financial Institution and/or its Service 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 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 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 federal funds rate at the Federal Reserve Bank in the district nearest to HYPERION FEDERAL RESERVE BANK IN cLEVELAND for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against HYPERION COMMODORE BANK and/or and its Service Provider Providers under this Agreement. The terms of this section will survive termination of this Agreement.

Limitation of Institution Liability. This financial institution 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 and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. This Financial Institution 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 Usersauthorized Signers; · - Resulting from any receiving financial institutionBank’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 HYPERION BANK Sebree Deposit Bank and third parties, parties or any other condition outside of our control. If this Financial Institution 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 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 canceled 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 Instructionpayment/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 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 HYPERION BANK Xxxxxx Deposit Bank for each day interest is due, computed on the basis of a three hundred sixty (360) 365 day year. No third party will have rights or claims against HYPERION BANK and/or Sebree Deposit Bank and its Service Provider Providers under this Agreement. The terms of this section will survive termination of this Agreement.

Limitation of Institution Liability. 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 and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. This Financial Institution and its 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 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 God, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between HYPERION BANK Farmers State Bank and third parties, or any other condition outside of our control. If this Financial Institution 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 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 federal funds rate at the Federal Reserve Bank in the district nearest to HYPERION BANK Farmers State Bank for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against HYPERION BANK and/or Farmers State Bank and its Service Provider Providers under this Agreement. The terms of this section will survive termination of this Agreement.

Limitation of Institution Liability. This financial institution 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 and will be liable for loss sustained by you only to the extent such loss is caused by our WILLFUL misconduct. This Financial Institution 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 agents, 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 HYPERION BANK Profinium and third parties, or any other condition outside of our control. If this Financial Institution and/or its Service 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 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 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 federal funds rate at the Federal Reserve Bank in the district nearest to HYPERION BANK PROFINIUM for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against HYPERION BANK and/or PROFINIUM and its Service Provider Providers under this Agreement. The terms of this section will survive termination of this Agreement.

Limitation of Institution Liability. This financial institution 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 agreement and will be liable for loss sustained by you only to the extent such loss is caused by our misconduct. This Financial Institution financial institution and its Service Providers service 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 fire, or other casualty, : electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between HYPERION BANK MCBank and third parties, or any other condition outside of our control. If this Financial Institution financial institution and/or its Service Providers service 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 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 HYPERION BANK MCBank for each day interest is due, computed on the basis of a three hundred sixty sixty-five (360365) day year. No third party will have rights or claims against HYPERION BANK and/or MCBank or its Service Provider service providers under this Agreementagreement. The terms of this section will survive termination of this Agreementagreement.

Limitation of Institution Liability. This financial institution 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 and will be liable for loss sustained by you only to the extent such loss is caused by our WILLFUL misconduct. This Financial Institution and its Service Providers will have no liability for any loss or damage: · Related •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 or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between HYPERION VALLEY BANK OF KALISPELL and third parties, or any other condition outside of our control. If this Financial Institution and/or its Service 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 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 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 federal funds rate at the Federal Reserve Bank in the district nearest to HYPERION BANK of Minneapolis for each day interest is due, computed on the basis of a three hundred sixty (360) day year. No third party will have rights or claims against HYPERION BANK and/or Valley Bank and its Service Provider Providers under this Agreement. The terms of this section will survive termination of this Agreement.