Common use of Our Liability for Failure to Complete Electronic Fund Transfers Clause in Contracts

Our Liability for Failure to Complete Electronic Fund Transfers. If We do not complete an Electronic Fund Transfer to or from Your Account on time or in the correct amount according to this Agreement, We will be liable for Your losses or damages. However, there are some exceptions. We will not be liable, for instance if: • through no fault of Ours, You do not have a sufficient Available Balance to make the Transaction; or • any ATM, other device, Card or computer system was not working properly and You knew about the breakdown when You started the Transaction; or • the ATM or other device You are using for the Transaction does not have enough cash; or • the ATM or other device You are using for the Transaction was unable to process the Transaction; or • Your Account is frozen (for example, because of a court order or other similar reason) and We are not permitted to make the Transaction; or • circumstances beyond Our control (such as fire or flood) prevent the Transaction, despite the reasonable precautions that We have taken; or • You have failed to enter Your correct PIN after the maximum number of attempts permitted; or • You failed to use the ATM, other device, Card or computer system in accordance with instructions; or • We have limited or refused to complete Transactions for security reasons; or • We have reason to believe that the requested Transaction is unauthorized. There may be additional exceptions stated elsewhere in this Agreement or otherwise notified to You by Us or in Your other agreements with Pershing. None of Us will be responsible for any person’s actions in refusing to honor or accept Your Card or Checks or in taking possession of Your Card. In any case, We will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by Us despite Our procedures to avoid such errors.

Our Liability for Failure to Complete Electronic Fund Transfers. If We we do not complete an Electronic Fund Transfer Trans- fer to or from Your your Account on time or in the correct amount according to this Agreement, We we will be liable for Your your losses or damages. However, there are some exceptions. We will not be liable, for instance instance, if: • through Through no fault of Oursours, You you do not have a sufficient Available Avail- able Balance to make the Transaction; or • any Any ATM, other device, Card Card, or computer system was not working properly and You you knew about the breakdown when You you started the Transaction; or • the The ATM or other device You you are using for the Transaction does not have enough cash; or • the The ATM or other device You you are using for the Transaction was unable to process the Transaction; or • Your Account is frozen (for example, because of a court order or other similar reason) and We we are not permitted to make the Transaction; or • circumstances Circumstances beyond Our our control (such as fire or flood) prevent the Transaction, despite the reasonable precautions precau- tions that We we have taken; or • You have failed to enter Your your correct PIN after the maximum maxi- mum number of attempts permitted; or • You failed to use the ATM, other device, Card Card, or computer system in accordance with instructions; or • We have limited or refused to complete Transactions for security reasons; or • We have reason to believe that the requested Transaction is unauthorized. There may be additional exceptions stated elsewhere in this Agreement or otherwise notified to You you by Us us or in Your your other agreements with PershingStifel. None of Us us will be responsible for any person’s actions in refusing to honor or accept Your your Card or Checks or in taking possession of Your your Card. In any case, We we will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by Us us despite Our our procedures to avoid such errors.

Our Liability for Failure to Complete Electronic Fund Transfers. If We we do not complete an Electronic Fund Transfer to or from Your your Account on time or in the correct amount according ac- cording to this Agreement, We we will be liable for Your your losses or damages. However, there are some exceptions. We will not be liable, for instance instance, if: • through Through no fault of Oursours, You you do not have a sufficient Available Avail- able Balance to make the Transaction; or • any Any ATM, other device, Card Card, or computer system was not working properly and You you knew about the breakdown when You you started the Transaction; or • the The ATM or other device You you are using for the Transaction does not have enough cash; or • the The ATM or other device You you are using for the Transaction was unable to process the Transaction; or • Your Account is frozen (for example, because of a court order or other similar reason) and We we are not permitted to make the Transaction; or • circumstances Circumstances beyond Our our control (such as fire or flood) prevent the Transaction, despite the reasonable precautions that We we have taken; or • You have failed to enter Your your correct PIN after the maximum number of attempts permitted; or • You failed to use the ATM, other device, Card Card, or computer system in accordance with instructions; or • We have limited or refused to complete Transactions for security reasons; or • We have reason to believe that the requested Transaction is unauthorized. There may be additional exceptions stated elsewhere in this Agreement or otherwise notified to You you by Us us or in Your your other agreements with PershingStifel. None of Us us will be responsible for any person’s actions in refusing to honor or accept Your your Card or Checks or in taking possession of Your your Card. In any case, We we will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by Us us despite Our our procedures to avoid such errors.

Our Liability for Failure to Complete Electronic Fund Transfers. If We we do not complete an Electronic Fund Transfer Trans- fer to or from Your your Account on time or in the correct amount according to this Agreement, We we will be liable for Your your losses or damages. However, there are some exceptions. We will not be liable, for instance instance, if: • through Through no fault of Oursours, You you do not have a sufficient Available Avail- able Balance to make the Transaction; or • any Any ATM, other device, Card Card, or computer system was not working properly and You you knew about the breakdown when You you started the Transaction; or • the The ATM or other device You you are using for the Transaction does not have enough cash; or • the The ATM or other device You you are using for the Transaction was unable to process the Transaction; or • Your Account is frozen (for example, because of a court order or other similar reason) and We we are not permitted to make the Transaction; or • circumstances Circumstances beyond Our our control (such as fire or flood) prevent the Transaction, despite the reasonable precautions precau- tions that We we have taken; or • You have failed to enter Your your correct PIN after the maximum maxi- mum number of attempts permitted; or • You failed to use the ATM, other device, Card Card, or computer system in accordance with instructions; or • We have limited or refused to complete Transactions for security reasons; or • We have reason to believe that the requested Transaction is unauthorized. There may be additional exceptions stated elsewhere in this Agreement or otherwise notified to You you by Us us or in Your other agreements with Pershing. None of Us will be responsible for any person’s actions in refusing to honor or accept Your Card or Checks or in taking possession of Your Card. In any case, We will be liable only for actual proven damages if the failure to make the Transaction resulted from a bona fide error by Us despite Our procedures to avoid such errors.your