Common use of Limitation on Liability; Indemnity Clause in Contracts

Limitation on Liability; Indemnity. (a) Notwithstanding any provisions of this Service Description or the Master Agreement to the contrary, except as otherwise expressly required by Article 4A of the Uniform Commercial Code of Illinois, Bank’s sole and exclusive liability to you for any delay in executing, improper execution, or failure to execute a transaction, ACH Entry or Entry Data hereunder constituting a Payment Order shall be to assist you in retransmitting the Payment Order. If, in any case, Bank is liable to you for lost interest, Bank will calculate interest based on Bank’s then current account analysis earning rate. With respect to services performed hereunder outside the scope of Article 4A of the Uniform Commercial Code of Illinois, Bank shall only be liable as set forth in the Master Agreement. With respect to any ACH Entries in a foreign currency, you assume the risk of any loss from foreign exchange conversion and assume the risk of the ODFI in the event of any error or duplicate ACH Entries, it being agreed that Bank shall have no liability for any such risks.