Limitation of the Bank’s Liability. The Bank shall not be liable for any delay, failure or computer processing error in providing any of the Bank’s equipment or other facilities or services to the Cardholder to the extent that it is attributable to any cause beyond the Bank’s reasonable control including any equipment malfunction or failure.
Limitation of the Bank’s Liability. 7.1 Placing an Order with or giving Instructions to the Bank does not guarantee acceptance of the Order or Instruction or execution of the Order, and the Customer agrees that the Bank shall not be responsible or liable for any expenses, costs, losses, damages or claims that result where any Order is not executed or an Order is cancelled or Instructions are not accepted.
Limitation of the Bank’s Liability. 18.1 The Bank shall not be held responsible for any loss or damage resulting from a Swedish legal enactment, the intervention of a Swedish public authority, an act of war, a strike, blockade, boycott, lockout or any other similar circumstance. The reservation in respect of strikes, blockades, boycotts and lockouts applies even if the Bank itself takes such measures or is the subject of such measures.
18.2 Any loss or damage arising from any other cause shall not be indemnified by the Bank, where the Bank has observed normal care. The Bank cannot be held responsible for any indirect loss or damage.
18.3 Where the Bank is prevented from effecting payments, or, taking other measures due to circumstances as indicated in the first paragraph, the measures in question may be postponed until the obstacle has been removed. Where a payment has been postponed, then the Bank shall, in case it has undertaken to pay interest, pay interest at the rate applicable at maturity.
18.4 Where the Bank, due to circumstances as indicated in the first paragraph, is prevented from receiving payments, the Bank shall be entitled to interest for the period during which the obstacle remains, only under the terms and conditions in force at maturity.
Limitation of the Bank’s Liability. Cardholder agrees that the Bank has the right to suspend the Card upon receiving the Cardholder or Employer’s (for HSBC Credit Card guaranteed by Employer), detecting signs of fraud, violations of laws, discovering the Card information is compromised, is lost or used for improper purposes, or violates the Bank's policies or regulations or the Bank has information that the Cardholder is dead.
Limitation of the Bank’s Liability. Provisions on limitation of the Bank’s liability can be found in the General Provisions for Custody Accounts/Cash Accounts.
Limitation of the Bank’s Liability. The Bank will not be liable to the Customer for any damage arising out of or related to the Bank’s performance or nonperformance of the Services or this Agreement other than damage actually incurred and caused directly by the Bank’s gross negligence or willful misconduct. The Customer hereby releases the Bank, its Vendors, and their respective affiliates and each of their respective shareholders, members, directors, officers, employees, agents, and representatives from all liability in connection with this Agreement, for any loss or expense incurred by the Customer with respect to the Services or this Agreement unless such loss or expense is actually incurred and caused directly by the gross negligence or willful misconduct of the Bank or such Vendor. NOT IN LIMITATION OF THE FOREGOING, IN NO EVENT SHALL THE BANK OR ANY VENDOR BE LIABLE, AND THE CUSTOMER HEREBY RELEASES THE BANK AND ITS VENDORS AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, MEMBERS, AND AGENTS FROM ALL LIABILITY IN CONNECTION WITH THE AGREEMENT AND THE SERVICES FOR ANY DIRECT (OTHER THAN FOR THE BANK’S OR SUCH VENDOR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR SIMILAR LOSSES OR DAMAGES, WHETHER ANY CLAIM FOR SUCH DAMAGES OR LOSSES IS BASED IN TORT OR IN CONTRACT (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) WHICH THE CUSTOMER MAY INCUR OR SUFFER BY REASON OF THE AGREEMENT OR ANY OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS, DAMAGE OR EXPENSE FROM ANY WRONGFUL HONOR, DISHONOR OR REJECTION OF ANY TRANSACTION (INCLUDING, WITHOUT LIMITATION, DISHONOR OF CHECKS OR OTHER ITEMS) WHETHER OR NOT THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGE WAS KNOWN OR CONTEMPLATED BY THE BANK. THE AGGREGATE LIABILITY OF THE BANK, ITS VENDORS AND AFFILIATES FOR DIRECT DAMAGES IN CONNECTION WITH THE BANK’S OR SUCH OTHER ENTITY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH THE AGREEMENT OR ANY SERVICE, WILL NOT IN ANY EVENT BE GREATER THAN THE ACTUAL PRICE PAID TO SUCH ENTITY FOR THE PARTICULAR SERVICE WITH RESPECT TO WHICH SUCH CLAIMS ARE MADE. NO THIRD PARTY SHALL HAVE ANY RIGHTS OR CLAIMS AGAINST THE BANK, ITS VENDORS, OR AFFILIATES, AND THE BANK, ITS VENDORS, AND AFFILIATES, SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY ACT OR OMISSION OF ANY THIRD PARTY. The fees and charges for providing the Services are unrelated to the value the Customer receives, or the potential fo...
Limitation of the Bank’s Liability a) The Bank will make every reasonable effort to provide you with access to information available through this Service. The information and materials provided, including text, graphics, links or other items are provided “as is”, “as available”. The Bank does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to warranties of non-infringement of third party rights, operation, completeness, accuracy, reliability, merchantability, fitness for a particular purpose, freedom from computer virus, or arising by law, statute, usage of trade, or course of dealing is given in conjunction with your use of this Cyberbanking Service.
b) The Bank, its respective directors, officers, employees, agents, subcontractors or other representatives, will not be responsible or in any manner liable to you or any third party for any losses, damages, penalties and expenses, including direct, indirect, incidental, special or consequential damages, however caused, in connection with or arising out of your use of this Cyberbanking Service, whether authorized or not, even if the Bank has been advised of or should have been aware of the possibility of such loss or damage. Such losses, damages, penalties and expenses include, but are not limited to, any you may suffer if:
i) You transmit confidential or sensitive information to the Bank over the Internet;
ii) The Bank communicates confidential or sensitive information to you at your request over the Internet;
iii) A third party issues instructions to the Bank using your Identification Codes, whether such instructions are made with or without your knowledge or consent.
iv) The Bank does not receive your instructions for any reason whatsoever;
v) There is any delay in processing instructions, or if we decline to act on your instructions;
vi) Access to this Service is not available or is delayed due to periods of increased volume or activity or to allow for maintenance, updates or for any other cause; or
vii) Any harm or loss occurs to your personal computer or any records or data.
Limitation of the Bank’s Liability. (a) The Bank, its directors, officers, employees and agents shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the performance of its obligations and duties under this Agreement, except a loss resulting from willful misfeasance, bad faith or negligence in the performance of such obligations and duties, or by reason of its reckless disregard thereof. The Trust will indemnify the Bank, its directors, officers, employees and agents against and hold it and them harmless from any and all losses, claims, damages, liabilities or expenses (including legal fees and expenses) resulting from any claim, demand, action or suit (I) arising out of the actions or omissions of the Trust or any of the Trust's service providers (other than the Bank); (ii) arising out of the offer or sale of any securities of the Trust in violation of (x) any requirement under the federal securities laws or regulations, (y) any requirement under the securities laws or regulations of any state, or (z) any stop order or other determination or ruling by any federal or state agency with respect to the offer or sale of such securities; or (iii) not resulting from the willful misfeasance, bad faith or negligence of the Bank in the performance of such obligations and duties or by reason of its reckless disregard thereof.
(b) The Bank may apply to the Trust at any time for instructions and may consult counsel for the Trust, or its own counsel, and with accountants and other experts with respect to any matter arising in connection with its duties hereunder, and the Bank shall not be liable or accountable for any action taken or omitted by it in good faith in accordance with such instruction, or with the opinion of such counsel, accountants, or other experts. The Bank shall not be liable for any act or omission taken or not taken in reliance upon any document, certificate or instrument which it reasonably believes to be genuine and o be signed or presented by the proper person or persons. The Bank shall not be held to have notice of any change of authority of any officers, employees, or agents of the Trust until receipt of written notice thereof has been received by the Bank from the Trust.
(c) In the event the Bank is unable to perform, or is delayed in performing, its obligations under the terms of the Agreement because of acts of God, strikes, legal constraint, government actions, war, emergency conditions, interruption of electri...
Limitation of the Bank’s Liability. The Bank shall not be held responsible for any loss or damage resulting from a legal enactment (Swedish or foreign), the intervention of a public authority (Swedish or foreign), an act of war, a strike, a blockade, a boycott, a lockout or any other similar circumstance. The reservation in respect of strikes, blockades, boycotts and lockouts applies even if the Bank itself is subjected to such measures or takes such measures. Any loss or damage that may occur in other circumstances shall not be indemnified by the Bank provided the Bank has observed general standard of care. The Bank assumes no responsibility for indirect losses or damages of any kind. Where a circumstance as referred to in the first paragraph should prevent the Bank from making a payment or taking other measures, such payment or measures may be postponed until the obstacle no longer exists. Where a circumstance as referred to in the first paragraph should prevent the Bank from receiving payments, the Bank shall, as long as the obstacle exists, be entitled to interest only on the terms prevailing on the date of maturity for the payment.
Limitation of the Bank’s Liability. A. Failure to Complete a Transaction
