Common use of Limitations on Liability and Obligations Clause in Contracts

Limitations on Liability and Obligations. Pinnacle Bank and its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party service providers are not liable for any: • Consequential (including without limitation, loss of data, files, profit or goodwill or the costs of procurement of substitute goods or service) damages. • Indirect damages. • Incidental damages. • Special damages. • Punitive damages. This is true whether these damages occur in an action under contract, or from negligence or any other theory, arising out of, or in connection with, this Agreement, the Service, or the inability to use the Service. In addition to reasons such as scheduled system maintenance, damages could arise from circumstances beyond our control, even if we advise you of the possibility of such damages. These circumstances could include (but are not limited to): • Power outages. • System failures. • Fires. • Floods. • Natural disasters. • Extreme weather. • Cyber-attacks, including Denial of Service (or DoS) attacks. In states that prohibit the limitation of liability for consequential or incidental damages, the above limitations may not apply. Except as specifically provided in this Agreement or otherwise required by applicable law, we, our service providers or other agents, also will not be liable for: • Any loss or liability you may incur resulting wholly or partly from failure or misuse of your equipment or software provided by an external company (such as an Internet browser provider, an Internet access provider, an online service provider, or an agent or subcontractor of any of them). • Any direct, indirect, special or consequential, economic or other damages arising in any way from your access, use or failure to obtain access to the Service. Pinnacle Bank does not make any representation that any content or use of the Service is appropriate or available for use in locations outside of the continental United States, Alaska or Hawaii. We will not be obligated to honor, in whole or in part, any transaction or instruction that: • Is not in accordance with any term or condition of this Agreement or any other agreement that applies to the relevant Online Financial Service or Eligible Account. • We have reason to believe may not be authorized by you or any other person whose authorization we believe necessary. • We have reason to believe involves funds or other property subject to a hold, dispute, restriction or legal process we believe prevents the transaction or instruction. • Would violate any applicable provision of any risk control program of the Federal Reserve, the Office of the Comptroller of the Currency, or any applicable rule or regulation of any other federal or state regulatory authority. • Is not in accordance with any other requirement of our policies, procedures or practices. • We have other reasonable cause not to honor for our or your protection. Pinnacle Bank will not be liable for any failure of availability or performance due to scheduled system maintenance or circumstances beyond our control (such as power outage, computer virus, system failure, fire, flood, earthquake, or extreme weather).

Limitations on Liability and Obligations. Pinnacle Bank and its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party service providers are not liable for any: • Consequential (including without limitation, loss of data, files, profit or goodwill or the costs of procurement of substitute goods or service) damages. • Indirect damages. • Incidental damages. • Special damages. • Punitive damages. This is true whether these damages occur in an action under contract, or from negligence or any other theory, arising out of, or in connection with, this Agreement, the Service, or the inability to use the Service. In addition to reasons such as scheduled system maintenance, damages could arise from circumstances beyond our control, even if we advise you of the possibility of such damages. These circumstances could include (but are not limited to): • Power outages. • System failures. • Fires. • Floods. • Natural disasters. • Extreme weather. • Cyber-attacks, including Denial of Service (( or DoS) attacks. In states that prohibit the limitation of liability for consequential or incidental damages, the above limitations may not apply. Except as specifically provided in this Agreement or otherwise required by applicable law, we, our service providers or other agents, also will not be liable for: • Any loss or liability you may incur resulting wholly or partly from failure or misuse of your equipment or software provided by an external company (such as an Internet browser provider, an Internet access provider, an online service provider, or an agent or subcontractor of any of them). • Any direct, indirect, special or consequential, economic or other damages arising in any way from your access, use or failure to obtain access to the Service. Pinnacle Bank does not make any representation that any content or use of the Service is appropriate or available for use in locations outside of the continental United States, Alaska or Hawaii. We will not be obligated to honor, in whole or in part, any transaction or instruction that: • Is not in accordance with any term or condition of this Agreement or any other agreement that applies to the relevant Online Financial Service or Eligible Account. • We have reason to believe may not be authorized by you or any other person whose authorization we believe necessary. • We have reason to believe involves funds or other property subject to a hold, dispute, restriction or legal process we believe prevents the transaction or instruction. • Would violate any applicable provision of any risk control program of the Federal Reserve, the Office of the Comptroller of the Currency, or any applicable rule or regulation of any other federal or state regulatory authority. • Is not in accordance with any other requirement of our policies, procedures or practices. • We have other reasonable cause not to honor for our or your protection. Pinnacle Bank will not be liable for any failure of availability or performance due to scheduled system maintenance or circumstances beyond our control (such as power outage, computer virus, system failure, fire, flood, earthquake, or extreme weather).

Limitations on Liability and Obligations. Pinnacle Bank of Colorado and its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party service providers are not liable for any: • Consequential (including without limitation, loss of data, files, profit or goodwill or the costs of procurement of substitute goods or service) damages. • Indirect damages. • Incidental damages. • Special damages. • Punitive damages. This is true whether these damages occur in an action under contract, or from negligence or any other theory, arising out of, or in connection with, this Agreement, the Service, or the inability to use the Service. In addition to reasons such as scheduled system maintenance, damages could arise from circumstances beyond our control, even if we advise you of the possibility of such damages. These circumstances could include (but are not limited to): • Power outages. • System failures. • Fires. • Floods. • Natural disasters. • Extreme weather. • Cyber-attacks, including Denial of Service (( or DoS) attacks. In states that prohibit the limitation of liability for consequential or incidental damages, the above limitations may not apply. Except as specifically provided in this Agreement or otherwise required by applicable law, we, our service providers or other agents, also will not be liable for: • Any loss or liability you may incur resulting wholly or partly from failure or misuse of your equipment or software provided by an external company (such as an Internet browser provider, an Internet access provider, an online service provider, or an agent or subcontractor of any of them). • Any direct, indirect, special or consequential, economic or other damages arising in any way from your access, use or failure to obtain access to the Service. Pinnacle Bank of Colorado does not make any representation that any content or use of the Service is appropriate or available for use in locations outside of the continental United States, Alaska or Hawaii. We will not be obligated to honor, in whole or in part, any transaction or instruction that: • Is not in accordance with any term or condition of this Agreement or any other agreement that applies to the relevant Online Financial Service or Eligible Account. • We have reason to believe may not be authorized by you or any other person whose authorization we believe necessary. • We have reason to believe involves funds or other property subject to a hold, dispute, restriction or legal process we believe prevents the transaction or instruction. • Would violate any applicable provision of any risk control program of the Federal Reserve, the Office of the Comptroller of the Currency, or any applicable rule or regulation of any other federal or state regulatory authority. • Is not in accordance with any other requirement of our policies, procedures or practices. • We have other reasonable cause not to honor for our or your protection. Pinnacle Bank of Colorado will not be liable for any failure of availability or performance due to scheduled system maintenance or circumstances beyond our control (such as power outage, computer virus, system failure, fire, flood, earthquake, or extreme weather).

Limitations on Liability and Obligations. Pinnacle Bank of Colorado and its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party service providers are not liable for any: • Consequential (including without limitation, loss of data, files, profit or goodwill or the costs of procurement of substitute goods or service) damages. • Indirect damages. • Incidental damages. • Special damages. • Punitive damages. This is true whether these damages occur in an action under contract, or from negligence or any other theory, arising out of, or in connection with, this Agreement, the Service, or the inability to use the Service. In addition to reasons such as scheduled system maintenance, damages could arise from circumstances beyond our control, even if we advise you of the possibility of such damages. These circumstances could include (but are not limited to): • Power outages. • System failures. • Fires. • Floods. • Natural disasters. • Extreme weather. • Cyber-attacks, including Denial of Service (or DoS) attacks. In states that prohibit the limitation of liability for consequential or incidental damages, the above limitations may not apply. Except as specifically provided in this Agreement or otherwise required by applicable law, we, our service providers or other agents, also will not be liable for: • Any loss or liability you may incur resulting wholly or partly from failure or misuse of your equipment or software provided by an external company (such as an Internet browser provider, an Internet access provider, an online service provider, or an agent or subcontractor of any of them). • Any direct, indirect, special or consequential, economic or other damages arising in any way from your access, use or failure to obtain access to the Service. Pinnacle Bank of Colorado does not make any representation that any content or use of the Service is appropriate or available for use in locations outside of the continental United States, Alaska or Hawaii. We will not be obligated to honor, in whole or in part, any transaction or instruction that: • Is not in accordance with any term or condition of this Agreement or any other agreement that applies to the relevant Online Financial Service or Eligible Account. • We have reason to believe may not be authorized by you or any other person whose authorization we believe necessary. • We have reason to believe involves funds or other property subject to a hold, dispute, restriction or legal process we believe prevents the transaction or instruction. • Would violate any applicable provision of any risk control program of the Federal Reserve, the Office of the Comptroller of the Currency, or any applicable rule or regulation of any other federal or state regulatory authority. • Is not in accordance with any other requirement of our policies, procedures or practices. • We have other reasonable cause not to honor for our or your protection. Pinnacle Bank of Colorado will not be liable for any failure of availability or performance due to scheduled system maintenance or circumstances beyond our control (such as power outage, computer virus, system failure, fire, flood, earthquake, or extreme weather).