Common use of Means of Transfer Clause in Contracts

Means of Transfer. You authorize us to select any means we deem suitable to provide your External Transfers instructions to the applicable financial institution. These choices include banking channels, electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, including without limitation Automated Clearing House (ACH) rules as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the standard period of three (3) Business Days. If we do not provide Popmoney® or External Transfers instructions on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended Recipient’s account. REV is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise required by law, REV shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of REV under this Agreement. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making External Transfers or Loan Payments or if our website was not working properly and you knew about the malfunction when you started the PopMoney® and External Transfers.

Means of Transfer. You authorize us Avidia Bank to select any means we deem suitable to provide your External Transfers funds transfer instructions to the applicable financial institution. These choices include banking channels, ; electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, including without limitation Automated such as the Clearing House Interbank Payments System (ACHCHIPS) rules as Rules and Administrative Procedures or the ACH Operating Rules and Guidelines published by the National Automated Clearinghouse Association (NACHA). We Avidia Bank shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the standard normal period (for incoming or outgoing transfers) and any interest is earned will be the property of three (3) Business DaysAvidia Bank. If we do Avidia Bank does not provide Popmoney® or External Transfers instructions an external funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable external funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended Recipientrecipient’s account. REV Avidia Bank is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise required by law, REV Avidia Bank shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of REV under this AgreementAvidia Bank hereunder. • You agree that your transfer instructions constitute authorization for us to complete the transfer. • You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Serviceexternal funds transfer service. • You understand and agree that we are Avidia Bank is not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not verify account ownership or your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. • You also understand and agree that we are Avidia Bank is not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making External Transfers or Loan Payments or executing an external funds transfer if our website was not working properly and you knew about the malfunction when you started incident prior to initiating the PopMoney® and External Transfersexternal funds transfer order.

Means of Transfer. You authorize us the bank to select any means we deem suitable to provide your External Transfers funds transfer instructions to the applicable financial institution. These choices include banking channels, ; electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, including without limitation Automated Clearing House such as CHIPS or automated clearing house (ACH) rules as published by the National Automated Clearinghouse Association (NACHA). We The Bank shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the standard normal period (for incoming or outgoing transfers) and any interest is earned will be the property of three (3) Business Daysthe Bank. If we do the Bank does not provide Popmoney® or External Transfers instructions an external funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s 's account specified in the applicable external funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended Recipient’s recipient's account. REV The Bank is not responsible or liable if your or the Recipient’s 's financial institution’s 's system fails and we are unable to complete the transfer. Except as otherwise required by law, REV the Bank shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of REV under this AgreementAvidia Bank hereunder. • You agree that your transfer instructions constitute authorization for us to complete the transfer. • You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Serviceexternal funds transfer service. • You understand and agree that we are the Bank is not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not verify account ownership or your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. • You also understand and agree that we are the Bank is not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making External Transfers or Loan Payments or executing an external funds transfer if our website was not working properly and you knew about the malfunction when you started incident prior to initiating the PopMoney® and External Transfersexternal funds transfer order.

Means of Transfer. You authorize us the bank to select any means we deem suitable to provide your External Transfers funds transfer instructions to the applicable financial institution. These choices include banking channels, ; electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, including without limitation Automated Clearing House such as CHIPS or automated clearing house (ACH) rules as published by the National Automated Clearinghouse Association (NACHA). We The Bank shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the standard normal period (for incoming or outgoing transfers) and any interest that is earned will be the property of three (3) Business Daysthe Bank. If we do the Bank does not provide Popmoney® or External Transfers instructions an external funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s 's account specified in the applicable external funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended Recipient’s recipient's account. REV The Bank is not responsible or liable if your or the Recipient’s 's financial institution’s 's system fails and we are unable to complete the transfer. Except as otherwise required by law, REV the Bank shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of REV under this AgreementMain Street Bank hereunder. • You agree that your transfer instructions constitute authorization for us to complete the transfer. • You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Serviceexternal funds transfer service. • You understand and agree that we are the Bank is not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not verify account ownership or your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. • You also understand and agree that we are the Bank is not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making External Transfers or Loan Payments or executing an external funds transfer if our website was not working properly and you knew about the malfunction when you started incident prior to initiating the PopMoney® and External Transfersexternal funds transfer order. YOU UNDERSTAND AND AGREE THAT THE BANK’S EXTERNAL FUNDS TRANSFER SERVICE IS PROVIDED "AS-IS" EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE EXTERNAL FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXTERNAL FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA, EXCEPT AS EXPRESSLY SET FORTH ON THE BANK’S WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTERNAL FUNDS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EXTERNAL FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY THE BANK FROM THE ACCOUNTS OR THAT THE EXTERNAL FUNDS TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE,EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE EXTERNAL FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE EXTERNAL FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Means of Transfer. You authorize us the bank to select any means we deem suitable to provide your External Transfers funds transfer instructions to the applicable financial institution. These choices include banking channels, ; electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, including without limitation Automated Clearing House such as CHIPS or automated clearing house (ACH) rules as published by the National Automated Clearinghouse Association (NACHA). We The Bank shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the standard normal period (for incoming or outgoing transfers) and any interest is earned will be the property of three (3) Business Daysthe Bank. If we do the Bank does not provide Popmoney® or External Transfers instructions an external funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable external funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended Recipientrecipient’s account. REV The Bank is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise required by law, REV the Bank shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of REV under this AgreementAvidia Bank hereunder. • You agree that your transfer instructions constitute authorization for us to complete the transfer. • You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Serviceexternal funds transfer service. • You understand and agree that we are the Bank is not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not verify account ownership or your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. • You also understand and agree that we are the Bank is not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making External Transfers or Loan Payments or executing an external funds transfer if our website was not working properly and you knew about the malfunction when you started incident prior to initiating the PopMoney® and External Transfersexternal funds transfer order.

Means of Transfer. You authorize us understand that SPIRE uses a variety of banking channels and facilities to select any means we deem suitable to provide your External Transfers instructions to make funds transfers, but will ordinarily use the applicable financial institution. These choices include banking channels, electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizationsACH Network. You agree to be bound by the rules and regulations that govern the any applicable funds transfer systems, including without limitation Automated including, but not limited to, the ACH Network, NACHA, EPN, Federal Reserve System and Clearing House Interbank Payment System (ACH) rules as published by the National Automated Clearinghouse Association (NACHACHIPS). We shall make Significance of Email Notices Regarding External Transfer Service You agree that all reasonable efforts email notices sent to ensure that you regarding status of your transfer External Transfer requests are processed on timesimply service messages and will not constitute a transaction receipt or an official record with respect to an External Transfer. You acknowledge and agree that these notices will be sent to the email address you provide for SPIRE Digital Banking use, even if you inform SPIRE separately to not send you marketing messages at that same email address. External Transfer Limitation of Liability YOU AGREE THAT SPIRE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) YOUR GRANTING SPIRE AUTHORITY TO VERIFY A VERIFIED ACCOUNT; however, we reserve the right to hold funds beyond the standard period of three (2) YOUR DEBIT AND/OR CREDIT TO A VERIFIED ACCOUNT OR YOUR INABILITY TO DEBIT AND/OR CREDIT SUCH ACCOUNT(S) IN ACCORDANCE WITH YOUR EXTERNAL TRANSFER INSTRUCTIONS; (3) Business DaysANY INACCURATE OR INCOMPLETE INFORMATION RECEIVED FROM ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH VERIFYING A VERIFIED ACCOUNT OR EXECUTING A TRANSFER WITH A VERIFIED ACCOUNT; (4) ANY CHARGES IMPOSED BY THE FINANCIAL INSTITUTION HOLDING A VERIFIED ACCOUNT; AND (5) ANY TRANSFER LIMITATIONS SET BY A FINANCIAL INSTITUTION HOLDING A VERIFIED ACCOUNT. If we do IN NO EVENT SHALL SPIRE BE RESPONSBILE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING IN CONNECTION WITH YOUR EXTERNAL TRANSFER REQUEST. Mobile Banking The use of Mobile Banking may incur additional data charges depending on your wireless carrier. Please consult your wireless provider/carrier for details on correlated rates and charges. All terms and conditions applicable to SPIRE Online, Desktop Banking may apply to Mobile Banking. GENERAL DISCLOSURES AND AGREEMENTS Transactions that are not provide Popmoney® or External Transfers instructions on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds Completed Electronic services are limited to the proper Account or intended Recipient’s account. REV is not responsible or liable if your or extent, and subject to the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise required by lawterms, REV shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of REV under this Agreement. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making External Transfers or Loan Payments or if our website was not working properly and you knew about the malfunction when you started the PopMoney® and External Transfers.noted below:

Means of Transfer. You authorize us the bank to select any means we deem suitable to provide your External Transfers funds transfer instructions to the applicable financial institution. These choices include banking channels, ; electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, including without limitation Automated Clearing House such as CHIPS or automated clearing house (ACH) rules as published by the National Automated Clearinghouse Association (NACHA). We The Bank shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the standard normal period (for incoming or outgoing transfers) and any interest is earned will be the property of three (3) Business Daysthe Bank. If we do the Bank does not provide Popmoney® or External Transfers instructions an external funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s 's account specified in the applicable external funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended Recipient’s recipient's account. REV The Bank is not responsible or liable if your or the Recipient’s 's financial institution’s 's system fails and we are unable to complete the transfer. Except as otherwise required by law, REV the Bank shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of REV under this AgreementAvidia Bank hereunder. • You agree that your transfer instructions constitute authorization for us to complete the transfer. • You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Serviceexternal funds transfer service. • You understand and agree that we are the Bank is not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not verify account ownership or your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. • You also understand and agree that we are the Bank is not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making External Transfers or Loan Payments or executing an external funds transfer if our website was not working properly and you knew about the malfunction when you started incident prior to initiating the PopMoney® and External Transfersexternal funds transfer order. YOU UNDERSTAND AND AGREE THAT THE BANK’S EXTERNAL FUNDS TRANSFER SERVICE IS PROVIDED "AS-IS" EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE EXTERNAL FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXTERNAL FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA, EXCEPT AS EXPRESSLY SET FORTH ON THE BANK’S WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTERNAL FUNDS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EXTERNAL FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY THE BANK FROM THE ACCOUNTS OR THAT THE EXTERNAL FUNDS TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE,EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE EXTERNAL FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE EXTERNAL FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.