Common use of Our Liability; Interest Payable Clause in Contracts

Our Liability; Interest Payable. We may be responsible your actual losses or expenses, to the extent recoverable under Chapter 4A or other applicable law, if we fail to exercise ordinary care in carrying out your instructions in connection with a wire transfer transaction.We are not responsible for the acts or omissions of third parties through whom payment orders are sent, even if those parties have acted as our agent. We are not responsible for detecting errors in any wire transfer or other payment order provided to us.We will not be responsible under any circumstances for any special, indirect, exemplary, or consequential damages (including lost profits) of any kind arising out of a wire transfer transaction even if we have been advised or should have known of the possibility of such damages. We are not required to pay interest on any amount we may owe to you due to an unauthorized wire transfer arising out of our error unless you exercise ordinary care to discover the unauthorized transfer and promptly advise us of the relevant facts within the time period set forth below in the Account Statements paragraph.Any rate of interest that we might be obligated to pay to you as a matter of law for a delay or incorrect transfer arising out of our error will be the lower of the federal funds rate at the time of the correction or the dividend rate that we pay on the Account to or from which the funds transfer should have xxxxxxxx.Xxx agree to indemnify and hold us harmless from any cost, liability, expense (including reasonable attorney’s fees) arising out of any claim by a third party alleging that any payment order of yours contravenes or compromises the rights, title, interest of any third party or contravenes any law, rule, regulation, ordinance, court order, or other mandate or prohibition with the force and effect of law (a “Claim”), unless the Claim arises out of our failure to exercise ordinary care, failure to act in good faith, or failure to act in accordance with your instructions given pursuant to this Agreement.

Appears in 1 contract

Samples: Membership and Account Agreement

AutoNDA by SimpleDocs

Our Liability; Interest Payable. We may be responsible for your actual losses or direct expenses, to the extent recoverable under Chapter 4A or other applicable law, if we fail to exercise ordinary care in carrying out your instructions in connection with a wire transfer transaction.. We are not responsible for the acts or omissions of third parties through whom payment orders are sentset, even if those parties have acted as our agent. We are not responsible for detecting errors in any wire transfer or other payment order provided to us.We . In no event will not we be responsible under any circumstances liable for any special, indirect, exemplary, or consequential damages (including lost profits) of any kind arising out of a wire transfer transaction transaction, even if we have had been advised or should have known of the possibility of such damages. We are not required to pay interest on any amount we may owe to you due to an unauthorized wire transfer arising out of our error unless you exercise ordinary care to discover the unauthorized transfer and promptly advise us of the relevant facts within the time period set forth below in the Account Statements paragraph.. Any rate of interest that we might be obligated to pay to you as a matter of law for a delay or incorrect transfer arising out of our error will be the lower of the federal funds rate at the time of the correction or the dividend or interest rate that we pay on the Account to or from which the funds transfer should have xxxxxxxx.Xxx occurred. You agree to indemnify and hold us harmless from any cost, liability, expense (including reasonable attorney’s fees) arising out of any claim by a third party alleging that any payment order of yours contravenes or compromises the rights, title, or interest of any third party or contravenes any law, rule, regulation, ordinance, court order, or other mandate or prohibition with the force and effect of law (a “Claim”), unless the Claim arises out of our failure to exercise ordinary care, failure to act in good faith, or failure to act in accordance with your instructions given pursuant to this Agreement.

Appears in 1 contract

Samples: Account Agreement

Our Liability; Interest Payable. We The Credit Union may be responsible for your actual losses or expenses, to the extent recoverable under Chapter 4A or other applicable law, law if we fail to exercise ordinary care in carrying out your instructions in connection with a wire transfer transaction.. We are not responsible for the acts or omissions of third parties through whom payment orders payments are sent, even if those parties have acted as our agent. We are not responsible liable for detecting errors in any wire transfer or other payment order provided to us.. We will cannot be responsible under any circumstances held accountable for any special, indirect, exemplary, or consequential damages (including lost profitsprofits or reasonable attorney fees) of any kind arising out of a wire transfer transaction transaction, even if we have been advised or should have known of the possibility of such damages. We are not required to pay interest on any amount we may owe owed to you due to an unauthorized wire transfer arising out of our error unless you exercise ordinary care to discover the unauthorized transfer and promptly advise us of the relevant facts within the time period set forth below in the Account Statements paragraph.section #5 under General Provisions. Any rate of interest that we might be obligated to pay to you as a matter of law for a delay or incorrect transfer arising out of our error will be the lower of the federal funds Federal Funds rate at the time of the correction or the dividend rate that which we pay on the Account to or from which the funds transfer should have xxxxxxxx.Xxx occurred. You agree to indemnify indemnify, defend, and hold us the Credit Union harmless from any cost, liability, expense (including reasonable attorney’s attorney fees) arising out of any claim “Claim” by a third party alleging that any payment order of yours contravenes breaches or compromises the rights, title, or interest of any third party or contravenes violates any law, rule, regulation, ordinance, court order, or other mandate or prohibition with the force and of an effect of law (a “Claim”), unless law. We may be legally responsible if the Claim arises out of our failure to exercise ordinary care, failure to act in good faith, or failure to act in accordance with your instructions given pursuant to this Agreement.

Appears in 1 contract

Samples: Membership and Account Agreement

Our Liability; Interest Payable. We The Credit Union may be responsible for your actual losses or expenses, to the extent recoverable under Chapter 4A or other applicable law, law if we fail to exercise ordinary care in carrying out your instructions in connection with a wire transfer transaction.. We are not responsible for the acts or omissions of third parties through whom payment orders payments are sent, even if those parties have acted as our agent. We are not responsible liable for detecting errors in any wire transfer or other payment order provided to us.. We will cannot be responsible under any circumstances held accountable for any special, indirect, exemplary, or consequential damages (including lost profitsprofits or reasonable attorney fees) of any kind arising out of a wire transfer transaction transaction, even if we have been advised or should have known of the possibility of such damages. We are not required to pay interest on any amount we may owe owed to you due to an unauthorized wire transfer arising out of our error unless you exercise ordinary care to discover the unauthorized transfer and promptly advise us of the relevant facts within the time period set forth below in the Account Statements paragraph.section #5 under General Provisions. Any rate of interest that we might be obligated to pay to you as a matter of law for a delay or incorrect transfer arising out of our error will be the lower of the federal funds Federal Funds rate at the time of the correction or the dividend rate that which we pay on the Account to or from which the funds transfer should have xxxxxxxx.Xxx occurred. You agree to indemnify indemnify, defend, and hold us the Credit Union harmless from any cost, liability, expense (including reasonable attorney’s attorney fees) arising out of any claim “Claim” by a third party alleging that any payment order of yours contravenes or compromises the rights, title, interest of any third party or contravenes any law, rule, regulation, ordinance, court order, or other mandate or prohibition with the force and effect of law (a “Claim”), unless the Claim arises out of our failure to exercise ordinary care, failure to act in good faith, or failure to act in accordance with your instructions given pursuant to this Agreement.yours

Appears in 1 contract

Samples: Membership and Account Agreement

AutoNDA by SimpleDocs

Our Liability; Interest Payable. We may be responsible for your actual losses or expenses, to the extent recoverable under Chapter 4A or other applicable law, if we fail to exercise ordinary care in carrying out your instructions in connection with a wire transfer transaction.. We are not responsible for the acts or omissions of third parties through whom payment orders are sent, even if those parties have acted as our agent. We are not responsible for detecting errors in any wire transfer or other payment order provided to us.We . In no event will not we be responsible under any circumstances liable for any special, indirect, exemplary, or consequential damages (including lost profits) of any kind arising out of a wire transfer transaction transaction, even if we have been advised or should have known of the possibility of such damages. We are not required to pay interest on any amount we may owe to you due to an unauthorized wire transfer arising out of our error unless you exercise ordinary care to discover the unauthorized transfer promptly and promptly advise us of the relevant facts within the time period set forth below in the Account Statements paragraph.. Any rate of interest that we might be obligated to pay to you as a matter of law for a delay or incorrect transfer arising out of our error will be the lower of the federal funds Federal Funds rate at the time of the correction correction, or the dividend rate that which we pay on the Account to or from which the funds transfer should have xxxxxxxx.Xxx occurred. You agree to indemnify and hold us harmless from any cost, liability, expense (including reasonable attorney’s fees) arising out of any claim by a third party alleging that any payment order of yours contravenes or compromises the rights, title, or interest of any third party or contravenes any law, rule, regulation, ordinance, court order, or other mandate or prohibition with the force and effect of law (a “Claim”), unless the Claim arises out of our failure to exercise ordinary care, failure to act in good faith, or failure to act in accordance with your instructions given pursuant to this Agreement.

Appears in 1 contract

Samples: Membership and Account Agreement

Our Liability; Interest Payable. We may be responsible for your actual losses or expenses, to the extent recoverable under Chapter 4A or other applicable law, if we fail to exercise ordinary care in carrying out your instructions in connection with a wire transfer transaction.. We are not responsible for the acts or omissions of third parties through whom payment orders are sent, even if those parties have acted as our agent. We are not responsible for detecting errors in any wire transfer or other payment order provided to us.We . In no event will not we be responsible under any circumstances liable for any special, indirect, exemplary, or consequential damages (including lost profits) of any kind arising out of a wire transfer transaction transaction, even if we have been advised or should have known of the possibility of such damages. We are not required to pay interest on any amount we may owe to you due to an unauthorized wire transfer arising out of our error unless you exercise ordinary care to discover the unauthorized transfer promptly and promptly advise us of the relevant facts within the time period set forth below in the Account Statements paragraph.section. Any rate of interest that we might be obligated to pay to you as a matter of law for a delay or incorrect transfer arising out of our error will be the lower of the federal funds rate at the time of the correction correction, or the dividend rate that which we pay on the Account to or from which the funds transfer should have xxxxxxxx.Xxx occurred. You agree to indemnify and hold us harmless from any cost, liability, expense (including reasonable attorney’s fees) arising out of any claim by a third party alleging that any payment order of yours contravenes or compromises the rights, title, or interest of any third party or contravenes any law, rule, regulation, ordinance, court order, or other mandate or prohibition with the force and effect of law (a “Claim”), unless the Claim arises out of our failure to exercise ordinary care, failure to act in good faith, or failure to act in accordance with your instructions given pursuant to this Agreement.

Appears in 1 contract

Samples: Membership and Account Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!