Common use of Our Liability for Failure to Make Transfers Clause in Contracts

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Card on time or in the correct amount according to this Agreement, we will be liable for your actual losses or damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance: • If, through no fault of ours or as provided in Section 7 hereto, your Card does not contain enough money to make the transfer. • If your funds are being held or frozen or are subject to legal process, court order, or other restriction prohibiting the transfer. • If the Terminal where you are making the transfer does not have enough cash. • If the Terminal (or system) was not working properly and you knew about the breakdown when you started the transaction. • If circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transfer, despite reasonable precautions that we have taken. • If you have exceeded the limitations on frequency of transfers or dollar amount of transfers. • If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. • If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. • If making the transfer would cause us to violate any law, rule or regulation to which we are subject. • If your Card funds are presumed abandoned under applicable law, or if we consider your Card to be dormant or inactive under our policies and procedures. • If a merchant, financial institution, or other party refuses to accept your Card. • If we have a reason to believe that the requested transaction is unauthorized. • If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). There may be other exceptions to liability stated in this Agreement or otherwise provided by applicable law.

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Card account on time or in the correct amount according to this Agreementour agreement with you, we will be liable for your actual losses or damages proximately caused by usdamages. However, there are some exceptions. We will not be liable, for instance: • : (a) If, through no fault of ours or as provided in Section 7 heretoours, your Card account does not contain enough money to make the transfer. • . (b) If the transfer would go over any existing credit limit on your overdraft line, other credit account, or margin as applicable. (c) If your funds are being held or frozen or are subject to legal process, court order, or other restriction prohibiting the transfer. • . (d) If the Terminal where you are making the transfer does not have enough cash. • . (e) If the Terminal (or system) was not working properly and you knew about the breakdown when you started the transaction. • transfer. (f) If circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transfer, despite reasonable precautions that we have taken. • . (g) If you have exceeded the limitations on frequency of transfers or dollar amount of transfers. • . (h) If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. • . (i) If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. • . (j) If making the transfer would cause us to violate any law, rule or regulation to which we are subject. • . (k) If your Card funds are account is presumed abandoned under applicable law, or if we consider your Card account to be dormant or inactive under our policies and procedures. • If a merchant, financial institution, or other party refuses to accept your Card. • If we have a reason to believe that the requested transaction is unauthorized. • . (l) If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). There may be other exceptions to liability stated in this Agreement our account agreement or other agreements with you or otherwise provided by applicable law.

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Card on time or in the correct amount according to this Agreementour agreement with you, we will be liable for your actual losses or damages proximately caused by usdamages. However, there are some exceptions. We will not be liable, for instance: • If, through no fault of ours or as provided in Section 7 heretoours, your Card does not contain enough money to make the transfer. • If your funds are being held or frozen or are subject to legal process, court order, or other restriction prohibiting the transfer. • If the Terminal where you are making the transfer does not have enough cash. • If the Terminal (or system) was not working properly and you knew about the breakdown when you started the transactiontransfer. • If circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transfer, despite reasonable precautions that we have taken. • If you have exceeded the limitations on frequency of transfers or dollar amount of transfers. • If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. • If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. • If making the transfer would cause us to violate any law, rule or regulation to which we are subject. • If your Card funds are presumed abandoned under applicable law, or if we consider your Card to be dormant or inactive under our policies and procedures. • If a merchant, financial institution, or other party refuses to accept your Card. • If we have a reason to believe that the requested transaction is unauthorized. • If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). There may be other exceptions to liability stated in this Agreement or otherwise provided by applicable law.

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Card account on time or in the correct amount according to this Agreementour Agreement with you, we will be liable for your actual losses or damages proximately caused by us, but only to the extent expressly provided herein. However, there are some exceptions. We will not be liable, for instance: • : (a) If, through no fault of ours or as provided in Section 7 heretoours, you do not have enough funds available on your Card does not contain enough money to make complete the transfer. • If your funds are being held or frozen or are subject to legal process, court order, or other restriction prohibiting the transfer. • transaction. (b) If the Terminal automated teller machine where you are making the transfer does not have enough cash. • If the Terminal . (or systemc) was not working properly and you knew about the breakdown when you started the transaction. • If circumstances beyond our control (such as fire, flood or other natural disasters, telecommunication or electrical outages and malfunctions, postal strikes or delays, or computer system failures or natural disastersfailures) prevent the transfertransaction, despite reasonable precautions that we have taken. • . (d) If you have exceeded the limitations on frequency of transfers or dollar amount of transfers. • , if any, as specified in this Agreement. (e) If your funds are being held or frozen or are subject to legal pro- cess, court order, or other restriction prohibiting the transaction. (f) If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. • . (g) If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. • . (h) If making the transfer would cause us to violate any law, rule or regulation to which we are subject. • . (i) If your Card funds are presumed abandoned under applicable law, or if we consider your Card to be dormant or inactive under our policies poli- cies and procedures. • If a merchant, financial institution, or other party refuses to accept your Card. • If we have a reason to believe that the requested transaction is unauthorized. • . (j) If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). . (k) For any failure of the Business to make any loads to the Card or any breach by the Business of its obligations to You. (l) If making the transfer would violate the Business’ policies and pro- cedures, or any other Card restriction imposed by the Business. (m) There may be other exceptions to liability stated in this our Agreement or otherwise other- wise provided by applicable law.

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Card on time or in the correct amount according to this Agreement, we will be liable for your actual losses or damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance: • If, through no fault of ours or as provided in Section 7 heretoours, your Card does not contain enough money to make the transfer. • If your funds are being held or frozen or are subject to legal process, court order, or other restriction prohibiting the transfer. • If the Terminal where you are making the transfer does not have enough cash. • If the Terminal (or system) was not working properly and you knew about the breakdown when you started the transaction. • If circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transfer, despite reasonable precautions that we have taken. • If you have exceeded the limitations on frequency of transfers or dollar amount of transfers. • If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. • If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. • If making the transfer would cause us to violate any law, rule or regulation to which we are subject. • If your Card funds are presumed abandoned under applicable law, or if we consider your Card to be dormant or inactive under our policies and procedures. • If a merchant, financial institution, or other party refuses to accept your Card. • If we have a reason to believe that the requested transaction is unauthorized. • If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). There may be other exceptions to liability stated in this Agreement or otherwise provided by applicable law.

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Card account on time or in the correct amount according to this Agreementour agreement with you, we will be liable for your actual losses or damages proximately caused by usdamages. However, there are some exceptions. We will not be liable, for instance: • : (a) If, through no fault of ours or as provided in Section 7 heretoours, your Card account does not contain enough money to make the transfer. • . (b) If the transfer would go over any existing credit limit on your overdraft line, other credit account, or margin as applicable. (c) If your funds are being held or frozen or are subject to legal process, court order, or other restriction prohibiting the transfer. • . (d) If the Terminal where you are making the transfer does not have enough cash. • . (e) If the Terminal (or system) was not working properly and you knew about the breakdown when you started the transaction. • transfer. (f) If circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transfer, despite reasonable precautions that we have taken. • . (g) If you have exceeded the limitations on frequency of transfers or dollar amount of transfers. • oftransfers. (h) If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. • . (i) If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. • . (j) If making the transfer would cause us to violate any law, rule or regulation to which we are subject. • . (k) If your Card funds are account is presumed abandoned under applicable law, or if we consider your Card account to be dormant or inactive under our policies and procedures. • If a merchant, financial institution, or other party refuses to accept your Card. • If we have a reason to believe that the requested transaction is unauthorized. • . (l) If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). There may be other exceptions to liability stated in this Agreement our account agreement or other agreements with you or otherwise provided by applicable law.

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Card account on time or in the correct amount according to this Agreementour agreement with you, we will be liable for your actual losses or damages proximately caused by usdamages. However, there are some exceptions. We will not be liable, for instance: • If, through no fault of ours or as provided in Section 7 heretoours, your Card account does not contain enough money to make the transfer. • If the money in your funds are being held or frozen or are account is subject to legal process, court order, process or other restriction prohibiting encumbrances restricting the transfer. • If the Terminal transfer would go over the credit limit on your overdraft credit plan, if any. • If the terminal where you are making the transfer does not have enough cash. • If the Terminal (terminal or system) transfer system was not working properly and you knew about the breakdown when you started the transactiontransfer. • If circumstances beyond our control (such as telecommunication fire or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disastersflood) prevent the transfer, transfer despite reasonable precautions that we have taken. • If incomplete or inaccurate information is forwarded by the U.S. Treasury or through an automated clearing house. • As otherwise indicated in this Agreement. We will disclose information to third parties about your account or the transfers you make: (a) to third parties where it is necessary for completing or tracing transfers or resolving errors or claims; or (b) to verify or disclose the existence, amount or condition of your accounts for third parties, such as credit bureaus, merchants or other financial institutions; or (c) pursuant to court orders and other legal process; or (d) to comply with subpoenas, summonses, search warrants or requests from government agencies; or (e) to comply with state or federal laws requiring us to provide information regarding depositors and their accounts to governmental agencies; or (f) to other companies affiliated with us, unless you have exceeded the limitations on frequency opted out of transfers such disclosures in accordance with our Deposit Account Rules or dollar amount of transfers. • If privacy policy we provide to you; or (g) to others with your Card consent; or PIN has been reported lost or stolen, or if (h) otherwise in accordance with our privacy policy we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. • If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. • If making the transfer would cause us provide to violate any law, rule or regulation to which we are subject. • If your Card funds are presumed abandoned under applicable law, or if we consider your Card to be dormant or inactive under our policies and procedures. • If a merchant, financial institution, or other party refuses to accept your Card. • If we have a reason to believe that the requested transaction is unauthorized. • If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). There may be other exceptions to liability stated in this Agreement or otherwise provided by applicable lawyou.

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Card account on time or in the correct amount according to this Agreementour agreement with you, we will be liable for your actual losses or damages proximately caused by usdamages. However, there are some exceptions. We will not be liable, for instance: • : A. If, through no fault of ours or as provided in Section 7 heretoours, your Card account does not contain enough money to make the transfer. • ; B. If the transfer would go over any existing credit limit on your overdraft line, other credit account, or margin as applicable; C. If your funds are being held or frozen or are subject to legal process, court order, or other restriction prohibiting the transfer. • ; D. If the Terminal where you are making the transfer does not have enough cash. • ; E. If the Terminal (or system) was not working properly and you knew about the breakdown when you started the transaction. • transfer; F. If circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transfer, despite reasonable precautions that we have taken. • ; G. If you have exceeded the limitations on frequency of transfers or dollar amount of transfers. • ; H. If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. • ; I. If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. • ; J. If making the transfer would cause us to violate any law, rule or regulation to which we are subject. • ; K. If your Card funds are account is presumed abandoned under applicable law, or if we consider your Card account to be dormant or inactive under our policies and procedures. • If a merchant, financial institution, or other party refuses to accept your Card. • If we have a reason to believe that the requested transaction is unauthorized. • ; L. If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). There may be other exceptions to liability stated in this Agreement our account agreement or other agreements with you or otherwise provided by applicable law.