Common use of Ordinary Care Clause in Contracts

Ordinary Care. In performing the Lockbox Service and in the selection and use of facilities, equipment and personnel (including the carrier) required for such performance, and in the custody and safekeeping of materials furnished by Customer to Bank, Bank shall exercise ordinary care, subject to the limitations set forth in this paragraph or elsewhere in this Lockbox Addendum. The parties recognize that there are no commonly accepted established existing industry standards as a standard of ordinary care for the performance of the Lockbox Service. Consequently, Customer agrees that Bank shall be deemed to have exercised ordinary care in the performance of the duties required of Bank under the Lockbox Addendum if Bank substantially follows the procedures and practices set forth herein and in the Enrollment Form.