Limitations on Bank Liability. We will not be responsible for the following incidents, errors or failures: Access – We will not be responsible for failure to provide access or for interruptions in access to Xxxxxx on the GO due to a system failure or due to other unforeseen acts or circumstances. Computer Equipment or Software – We will not be responsible for any errors or failures from any malfunction of your computer or any computer virus or other problems related to your computer equipment used with Xxxxxx on the GO. We are not responsible for any error, damages or other losses you may suffer due to the malfunction or misapplication of any system you use, including your browser (Microsoft Explorer®, Netscape Navigator®, or otherwise), your Internet Service Provider, your personal financial management or other software, (such as Quicken®, or Microsoft Money®), or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with Xxxxxx on the GO. Warranty and Software Limitations – WE, NOR ANY OF OUR SUBSIDIARIES, ANY SOFTWARE SUPPLIERS NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER, DOWNLOADABLE APP OR OTHER SERVICES INCLUDING, BUT NO LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE (OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS), UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.

Limitations on Bank Liability. In addition to the limitations set forth in paragraph 8, above, Bank's, or its Agent's, liability will be limited only to acts resulting from Bank's, or its Agent's, gross negligence or willful misconduct and shall not exceed Bank's fees and charges to Subscriber in connection with the Service for the month in which damages are suffered. Under no circumstances will Bank, or its Agent, be held liable for any general or consequential damages or damages caused, in whole or in part, by the action or inaction of Subscriber or any agent or employee of Subscriber. Bank, or its Agent, will not be liable for any damage, loss, liability or delay caused by accidents, strikes, fire, flood, war, riot, equipment breakdown, electrical or mechanical failure, acts of God, or any cause which is reasonably unavoidable or beyond its reasonable control. Subscriber agrees that the fees charged by Bank for the performance of this service shall be deemed to have been established in contemplation of these limitations on Bank's, or its Agent's, liability.

Limitations on Bank Liability. If we do not complete a payment transfer on time or in the correct amount according to our agreement with you, we will be liable for your losses only to the extent of the amount of payment or transfer that should have occurred, if we are unable to resolve the problem. However, there are exceptions and we may deny the transfer in the situations outlined below. We will not be liable if:

Limitations on Bank Liability. We will not be responsible for the following incidents, errors or failures: Access We will not be responsible for failure to provide access or for interruptions in access to Xxxxxx Xxxxxxx Bank's Online Banking Service or Online Bill Payment Service due to a system failure or due to other unforeseen acts or circumstances.

Limitations on Bank Liability. The Company assumes all risks of, and the Bank shall not be liable or responsible for, the acts or omissions of the Trustee and any beneficiary or transferee of the Letter of Credit with respect to its use of the Letter of Credit and whether any demand under the Letter of Credit is inconsistent with any other demand or with any Related Document. As between the Company and the Bank, neither the Bank nor any of its officers or directors shall be liable or responsible for any claim, damage, loss, liability, cost or expense which the Company may incur (or which may be claimed by any Person) by reason of or in connection with the execution and delivery or transfer of the Letter of Credit or under any Related Document or any circumstance or event referred to in Section 3 of this Agreement, except only that the Company shall have a claim against the Bank, and the Bank shall be liable to the Company, to the extent, but only to the extent, of any direct, as opposed to consequential, damages suffered by the Company which the Company proves were caused by the Bank's gross negligence or willful misconduct or by the Bank's default under this Agreement or any of the Related Documents. In furtherance and not in limitation of the foregoing, the Bank may accept documents that appear on their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary. In addition, the Company acknowledges that it has specifically requested that the Letter of Credit provide for honor within a period of time significantly shorter than the three-day period for examining documents provided for under applicable law and banking usage, and that this feature of the Letter of Credit is not consistent with bank usage and increases the risk that purported demands under the Letter of Credit may not receive the same examination (and the Bank may not be able to obtain the opinion of its counsel or the Company with respect to such demand) had such three-day period been available to the Bank, and the Company accepts and agrees not to hold the Bank responsible for such variance from bank usage. Any claim or demand by the Company for gross negligence or willful misconduct against the Bank shall require that the Company establish that the Bank's conduct was not occasioned or the result of such shortened examination period. The Company acknowledges and agrees that the Bank also shall be relieved from responsibility for (and its right to reimbu...

Limitations on Bank Liability. The bank will not be responsible for the following incidents, errors or failures: Access-The bank will not be responsible for failure to provide access to Electronic Banking at The Peoples Bank due to a system failure or due to other unforeseen acts or circumstances. Your Computer Equipment or Software- We will not be responsible for any error or failures from a malfunction of your computer or any computer virus or other problems related to your computer equipment used with Electronic Banking. The bank is not responsible for any error, damages or other losses you may suffer due to the malfunction or misapplication of any system you use, including your browser (Microsoft Explorer, Netscape Navigator, or otherwise), your Internet service provider (ISP), your personal financial management or other software, (such as Quicken, or Microsoft Money), or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with The Peoples Bank. Alerts: Your enrollment in The Peoples Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your The Peoples Bank account(s). Alerts are provided within the following categories: • Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts. • Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts. • Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Manage Alerts menu within The Peoples Bank Online Banking and Manage Alerts menu within The Peoples Bank Mobile Banking. Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we canc...

Limitations on Bank Liability. 30 Section 16. Costs, Expenses and Taxes...........................31 Section 17. Severability........................................31 Section 18. Governing Law.......................................31 Section 19. Substitute Letter of Credit Issuing Office..........31 Section 20. Headings............................................32 Section 21. Accounting Terms and Definitions....................32 Section 22. Counterparts........................................32 Section 23. Bank Consent........................................32 Section 24. Year 2000 Compliance................................32 Section 25. Waiver of Jury Trial................................32 Section 26. Statements Required by Law..........................33 REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT is made as of September 1, 1998 by and between LabOne, Inc., a Delaware corporation, with its principal office at 10310 West 84th Terrace, Lenexa, Kansas 66214 (the "Company"), xxx XXXXXXXX XXXX, X.X., xxxx xxx xxxxxxxal office at 1000 Walnut 17th Floor, Kansas City, Missouri 64106 (the "Bank").

Limitations on Bank Liability. 42 Section 17. Costs, Expenses and Taxes . . . . . . . . . . . . . . . . . . . 43 Section 18. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . 43

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