Limitation on Liability; Indemnification. In addition to other limitations on Bank’s liability in this Agreement, in no event shall Bank be liable for (i) any data that is lost or destroyed in connection with the use of the Services, Software or transmitting a File, Checks or Electronic Images to Bank, (ii) the Customer’s inability to use the Services, Software or transmit a File to Bank due to a mechanical failure of the Customer’s hard drives, personal computers, servers or other systems or hardware, (iii) the Customer’s inability to communicate with Bank via the Internet resulting from a problem with an Internet Service Provider or Online Service Provider or otherwise or any files or transmissions not received by Bank, or (iv) unknown hazards of Internet use, including, but not limited to interception of any information relating to the Customer or its Transactions. Bank recommends that the Customer have appropriate security measures for Internet use, including, a proxy server and/or firewalls to control and protect Internet access. Customer acknowledges that in addition to any other damages Bank may be entitled to collect from Customer under this Agreement this Schedule or Applicable Laws, Bank will be entitled to consequential damages for Customer’s breach of its obligations set out in the Customer Obligations section of this Schedule, including Customer’s obligation to securely safe keep and subsequently destroy the Checks which Customer deposits through the Service. Bank strongly recommends that the Customer take the necessary measures to ensure that the Customer performs daily back-ups of data used in connection with the Services. In addition to its indemnification obligations elsewhere in this Agreement, Xxxxxxxx agrees to indemnify and hold Bank harmless from and against any and all Losses relating to or arising in connection with Bank accepting and/or processing for deposit any Check based on electronic Images and
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Samples: Business Online and Mobile Banking Agreement, Business Online and Mobile Banking Agreement, Business Online and Mobile Banking Agreement
Limitation on Liability; Indemnification. In addition to other limitations on Bank’s liability in this the Agreement, in no event shall Bank be liable for (i) any data that is lost or destroyed in connection with the use of the Services, Software or transmitting a File, Checks or Electronic Images to Bank, (ii) the Customer’s inability to use the Services, Software or transmit a File to Bank due to a mechanical failure of the Customer’s hard drives, personal computers, servers or other systems or hardware, (iii) the Customer’s inability to communicate with Bank via the Internet resulting from a problem with an Internet Service Provider or Online Service Provider or otherwise or any files or transmissions not received by Bank, or (iv) unknown hazards of Internet use, including, but not limited to interception of any information relating to the Customer or its Transactions. Bank recommends that the Customer have appropriate security measures for Internet use, including, a proxy server and/or firewalls to control and protect Internet access. Customer acknowledges that in addition to any other damages Bank may be entitled to collect from Customer under this the Agreement this Schedule or Applicable Laws, Bank will be entitled to consequential damages for Customer’s breach of its obligations set out in the Customer Obligations section of this Schedule, including Customer’s obligation to securely safe keep and subsequently destroy the Checks which Customer deposits through the Service. Bank strongly recommends that the Customer take the necessary measures to ensure that the Customer performs daily back-ups of data used in connection with the Services. In addition to its indemnification obligations elsewhere in this the Agreement, Xxxxxxxx Customer agrees to indemnify and hold Bank harmless from and against any and all Losses relating to or arising in connection with Bank accepting and/or processing for deposit any Check based on electronic Images andand MICR Data in File received by Bank, including, without limitation any missing or improper endorsement or endorsement by Bank of any such Check or Substitute Check as contemplated by this Agreement, any Losses due to an accepted Check having previously been paid or any check or item not properly payable to Customer; provided, however, that Customer shall not be obligated to indemnify Bank for claims, losses or damages attributable to Bank's gross negligence or willful misconduct. This indemnity will survive the termination of the Agreement.
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