Common use of Lost, Destroyed, and Misplaced Items Clause in Contracts

Lost, Destroyed, and Misplaced Items. Fiserv assumes no liability for any item lost, destroyed, or misplaced while in transit before the item physically arrives at the premises of Fiserv and is received by Fiserv. In the event any items are lost, destroyed, or misplaced, and such event is not due to gross negligence or intentional misconduct by Fiserv, Client shall be solely responsible for the costs and expenses incurred by Fiserv in reconstructing any such items and for any damages or other losses that may be incurred by Fiserv due to the collection of such items. In the event Fiserv loses, destroys, or misplaces deposited items as a result of gross negligence or intentional misconduct after acceptance of said deposit, Fiserv shall be liable only for reasonable reconstruction costs of the deposit. Reasonable reconstruction costs shall be only those costs that arise from reconstruction of a microfilmed deposit. Fiserv shall not be liable for reconstruction costs associated with a deposit for which Client cannot provide a microfilmed record of such item(s) contained in the deposit. In no event shall Fiserv be liable for the face value of any lost or missing item(s).

Appears in 2 contracts

Samples: Service Agreement (Capital Bank Corp), Service Agreement (Premier Financial Bancorp Inc)

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Lost, Destroyed, and Misplaced Items. Fiserv assumes no liability for any item lost, destroyed, or misplaced while in transit before the item physically arrives at the premises of Fiserv and is received by Fiserv. In the event any items are lost, destroyed, or misplaced, and such event is not due to gross negligence or intentional misconduct by Fiserv, Client shall be solely responsible for the costs and expenses incurred by Fiserv in reconstructing any such items and for any damages or other losses that may be incurred by Fiserv due to the collection of such items. In the event Fiserv negligently loses, destroys, or misplaces deposited items as a result of gross negligence or intentional misconduct after acceptance of said deposit, Fiserv shall be liable only for the reasonable reconstruction costs of the deposit. Reasonable reconstruction costs shall be only those costs that arise from the reconstruction of a microfilmed deposit. Fiserv shall not be liable for the reconstruction costs associated with a deposit for which Client cannot can provide a microfilmed record of such item(s) contained in the deposit. In no event shall Fiserv be liable for the face value of any lost or missing deposit item(s).

Appears in 2 contracts

Samples: Service Agreement, Service Agreement (Community Financial Holding Co Inc)

Lost, Destroyed, and Misplaced Items. Fiserv assumes no liability for -------------------------------------- any item lost, destroyed, or misplaced while in transit before the item physically arrives at the Fiserv premises of Fiserv and is received by Fiserv. In the event any items are lost, destroyed, or misplaced, and such event is not due to gross negligence or intentional misconduct by Fiserv, Client shall be solely responsible for the costs and expenses incurred by Fiserv in reconstructing any such items and for any damages or other losses that may be incurred by Fiserv due to the collection of such itemsrelated thereto. In the event Fiserv negligently loses, destroys, or misplaces deposited items as a result of gross negligence or intentional misconduct after acceptance of said depositacceptance, Fiserv shall be liable only for the reasonable reconstruction costs of the depositthereof. Reasonable reconstruction costs shall be only those costs that arise from the reconstruction of a such microfilmed deposititem. Fiserv shall not be liable for the reconstruction costs associated with a deposit an item for which Client cannot provide a microfilmed record of such item(s) contained in the depositthereof. In no event shall Fiserv be liable for the face value of any lost or missing item(s).

Appears in 1 contract

Samples: Service Agreement (Ez Bancorp Inc)

Lost, Destroyed, and Misplaced Items. Fiserv assumes no liability for any item lost, destroyed, or misplaced while in transit before the item physically arrives at the premises of Fiserv and is received by Fiserv. In the event any items are lost, destroyed, or misplaced, and such event is not due to gross negligence or intentional international misconduct by Fiserv, Client shall be solely responsible for the costs and expenses incurred by Fiserv in reconstructing any such items and for any damages or other losses that may be incurred by Fiserv due to the collection of such items. In the event Fiserv negligently loses, destroys, or misplaces deposited items as a result of gross negligence or intentional misconduct after acceptance of said deposit, Fiserv shall be liable only for the reasonable reconstruction costs of the deposit. Reasonable reconstruction costs shall be only those costs that which arise from the reconstruction of a microfilmed deposit. Fiserv shall not be liable for the reconstruction costs associated with a deposit for which Client cannot can provide a microfilmed record of such item(s) contained in the deposit. In no event shall Fiserv be liable for the face value of any lost or missing deposit item(s).

Appears in 1 contract

Samples: Service Agreement (West Bancorporation Inc)

Lost, Destroyed, and Misplaced Items. Fiserv assumes no liability for any item lost, destroyed, or misplaced while in transit before the item physically arrives at the premises of Fiserv and is received by Fiserv. In the event any items are lost, destroyed, or misplaced, and such event is not due to gross negligence or intentional misconduct by Fiserv, Client shall be solely responsible for the costs and expenses incurred by Fiserv in reconstructing any such items and for any damages or other losses that may be incurred by Fiserv due to the collection of such items. In the event Fiserv negligently loses, destroys, or misplaces deposited items as a result of gross negligence or intentional misconduct after acceptance of said deposit, Fiserv shall be liable only for the reasonable reconstruction costs of the deposit. Reasonable reconstruction costs shall be only those costs that arise from the reconstruction of a microfilmed deposit. Fiserv shall not be liable for the reconstruction costs associated with a deposit for which Client cannot can provide a microfilmed record of such item(s) contained in the deposit. In no event shall Fiserv be liable for the face value of any lost or of missing deposit item(s).

Appears in 1 contract

Samples: Service Agreement (First Capital Bancshares Inc /Sc/)

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Lost, Destroyed, and Misplaced Items. Fiserv assumes no liability for -------------------------------------- any item lost, destroyed, or misplaced while in transit before the item physically arrives at the premises of Fiserv and is received by Fiserv. In the event any items are lost, destroyed, or misplaced, and such event is not due to gross negligence or intentional misconduct by Fiserv, Client shall be solely responsible for the costs and expenses incurred by Fiserv in reconstructing any such items and for any damages or other losses that may be incurred by Fiserv due to the collection of such items. In the event Fiserv negligently loses, destroys, or misplaces deposited items as a result of gross negligence or intentional misconduct after acceptance of said deposit, Fiserv shall be liable only for reasonable reconstruction costs of the deposit. Reasonable reconstruction costs shall be only those costs that arise from reconstruction of a microfilmed deposit. Fiserv shall not be liable for reconstruction costs associated with a deposit for which Client cannot provide a microfilmed record of such item(s) contained in the deposit. In no event shall Fiserv be liable for the face value of any lost or missing deposit item(s).

Appears in 1 contract

Samples: Service Agreement (Ez Bancorp Inc)

Lost, Destroyed, and Misplaced Items. Fiserv assumes no liability for any item lost, destroyed, or misplaced while in transit before the item physically arrives at the premises of Fiserv and is received by Fiserv. In in the event any items are lost, lost destroyed, or misplaced, and such event is not due to gross negligence or intentional misconduct by Fiserv, Client shall be solely responsible for the costs and expenses incurred by Fiserv in reconstructing any such items and for any damages or other losses that may be incurred by Fiserv due to the collection of such items. In the event Fiserv negligently loses, destroys, or misplaces deposited items as a result of gross negligence or intentional misconduct after acceptance of said deposit, Fiserv shall be liable only for the reasonable reconstruction costs of the deposit. Reasonable reconstruction costs shall be only those costs that arise from the reconstruction of a microfilmed deposit. Fiserv shall not be liable for the reconstruction costs associated with a deposit for which Client cannot can provide a microfilmed record of such item(s) contained in the deposit. In no event shall Fiserv be liable for the face value of any lost or missing deposit item(s).

Appears in 1 contract

Samples: Service Agreement (Franklin Bank Corp)

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