Common use of Our Obligation to Make Transfers Clause in Contracts

Our Obligation to Make Transfers. We are not obligated to make any transfer:  If, through no fault of ours, your Account does not contain sufficient collected funds to make the transfer.  If the money in your Account is subject to legal process or other encumbrances restricting the transfer.  If the transfer would go over the credit limit on your overdraft credit plan, if any.  If a transfer system was not working properly and you knew about the breakdown when you started the transfer.  If circumstances beyond our control (such as fire, flood or power failure) prevent the transfer or use of Business Online despite reasonable precautions that we have taken.  If incomplete or inaccurate information is forwarded to us by you or through an automated clearinghouse.  If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the payee on a xxxx payment.  If you have not properly followed the instructions for using Business Online.  If your operating system is not properly installed or functioning properly.  For errors or failures from any malfunctions of your browser, Internet Service Provider (ISP), computer, computer virus or other problems relating to the computer equipment you use with Business Online, including, without limitation, your inability to access Business Online or any part of Business Online.  For a failure to provide access or for interruptions in access to Business Online due to Business Online system failure. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED BY LAW, OUR SOLE RESPONSIBILITY FOR AN ERROR BY US OR OUR THIRD PARTY PROVIDER IN TRANSFERRING FUNDS-OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT-WILL BE TO CORRECT ANY ERRORS (AND PAY ANY PENALTIES AND ASSOCIATED LATE CHARGES TO THE PAYEE), BUT IN NO CASE WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR IN ANY WAY RELATED TO BUSINESS ONLINE OR OUR PERFORMANCE HEREUNDER. IN NO EVENT WILL OUR LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY EXCEED THE TOTAL FEES INCURRED BY YOU DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING ACCRUAL OF SUCH CAUSE OF ACTION. IF YOU ARE DISSATISFIED WITH BUSINESS ONLINE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF BUSINESS ONLINE AND/OR TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 16. You agree to indemnify and hold us harmless from any and all claims, demands, actions, suits, damages, judgments, liabilities, costs and expenses, and attorneys' fees arising out of or resulting from your use of Business Online or your breach of any of your obligations under this Agreement. Your obligation to indemnify us shall survive termination of this Agreement.

Our Obligation to Make Transfers. We are not obligated to make any transfer:  • If, through no fault of ours, your Account the Company's Covered Account(s) does not contain sufficient collected funds to make the transfer.  • If the money in your Account the Company's Covered Account(s) is subject to legal process or other encumbrances restricting the transfer.  • If the transfer would go over the credit limit on your the Company's overdraft credit plan, if any.  • If a transfer system was not working properly and you the Company knew about the breakdown when you it started the transfer.  • If circumstances beyond our control (such as fire, flood or power failure) prevent the transfer or use of Online Banking - Business Online despite reasonable precautions that we have taken.  • If incomplete or inaccurate information is forwarded to us by you the Company or through an automated clearinghouse.  • If you have the Company has not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the payee on a xxxx payment.  • If you have the Company has not properly followed the instructions for using Business OnlineOnline Banking - Business.  • If your the Company's operating system is not properly installed or functioning properly.  • For errors or failures from any malfunctions of your the Company's browser, Internet Service Provider (ISP)internet service provider, computer, computer virus or other problems relating to the computer equipment you the Company or its Authorized Users use with Business OnlineOnline Banking - Business, including, without limitation, your the Company or its Authorized Users' inability to access Online Banking - Business Online or any part of Business OnlineOnline Banking - Business.  • For a failure to provide access or for interruptions in access to the Online Banking - Business Online due to Online Banking - Business Online system failure. The situations discussed above are examples and are not an exhaustive list. There may be other situations under which we are not obligated to make a transfer. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED BY LAW, OUR SOLE RESPONSIBILITY FOR AN ERROR BY US OR OUR THIRD PARTY PROVIDER IN TRANSFERRING FUNDS-, PAYING A XXXX, OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT-AGREEMENT WILL BE TO CORRECT ANY ERRORS (AND PAY ANY PENALTIES AND ASSOCIATED LATE CHARGES TO THE PAYEE), BUT IN NO CASE WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR IN ANY WAY RELATED TO ONLINE BANKING - BUSINESS ONLINE OR OUR PERFORMANCE HEREUNDER. IN NO EVENT WILL OUR LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY EXCEED THE TOTAL FEES INCURRED BY YOU DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING ACCRUAL OF SUCH CAUSE OF ACTION. IF YOU ARE DISSATISFIED WITH BUSINESS ONLINE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF BUSINESS ONLINE AND/OR TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 16. You agree to indemnify and hold us harmless from any and all claims, demands, actions, suits, damages, judgments, liabilities, costs and expenses, and attorneys' fees arising out of or resulting from your use of Business Online or your breach of any of your obligations under this Agreement. Your obligation to indemnify us shall survive termination of this Agreement.

Our Obligation to Make Transfers. We are not obligated to make any transfer:  • If, through no fault of ours, your Account does not contain sufficient collected funds to make the transfer.  • If the money in your Account is subject to legal process or other encumbrances restricting the transfer.  • If the transfer would go over the credit limit on your overdraft credit planline of credit, if any.  • If a transfer system was not working properly and you knew know about the breakdown when you started the transfer.  • If circumstances beyond our control (such as fire, flood flood, or power failure) prevent the transfer or use of Business Online despite reasonable precautions that we have taken.  • If incomplete or inaccurate information is forwarded to us by you or through an automated clearinghouse.  If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the payee on a xxxx payment.  • If you have not properly followed the instructions for using Business OnlineOnline Banking.  • If your operating system is not properly installed or functioning properly.  • For errors or failures from any malfunctions of your browser, Internet Service Provider (ISP)Provider, computer, computer virus or other problems relating to the computer equipment you use with Business Online, including, without limitation, your inability to access Business Online or any part of Business Online.  • For a failure to provide access or for interruptions interruption in access to Business Online due to Business Online internet service system failure. NOTWITHSTANDING NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED BY LAW, OUR SOLE RESPONSIBILITY FOR AN ERROR BY US OR OUR THIRD PARTY PROVIDER IN TRANSFERRING FUNDS-FUNDS OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT-AGREEMENT WILL BE TO CORRECT ANY ERRORS (AND PAY ANY PENALTIES PENALITIES AND ASSOCIATED LATE CHARGES TO THE PAYEE), BUT IN NO CASE WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR IN ANY WAY RELATED TO BUSINESS ONLINE OR OUR PERFORMANCE HEREUNDER. IN NO EVENT WILL OUR LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY EXCEED THE TOTAL FEES INCURRED BY YOU DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING ACCRUAL OF SUCH CAUSE OF ACTION. IF YOU ARE DISSATISFIED WITH BUSINESS ONLINE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF BUSINESS ONLINE AND/OR TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 16. You agree to indemnify and hold us harmless from any and all claims, demands, actions, suits, damages, judgments, liabilities, costs and expenses, and attorneys' fees arising out of or resulting from your use of Business Online or your breach of any of your obligations under this Agreement. Your obligation to indemnify us shall survive termination of this Agreement.

Our Obligation to Make Transfers. We are not obligated to make any transfer:  • If, through no fault of ours, your Account does not contain sufficient collected funds to make the transfer.  • If the money in your Account is subject to legal process or other encumbrances restricting the transfer.  • If the transfer would go over the credit limit on your overdraft credit plan, if any.  • If a transfer system was not working properly and you knew about the breakdown when you started the transfer.  • If circumstances beyond our control (such as fire, flood or power failure) prevent the transfer or use of Business Online Plus despite reasonable precautions that we have taken.  • If incomplete or inaccurate information is forwarded to us by you or through an automated clearinghouse.  If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the payee on a xxxx payment.  • If you have not properly followed the instructions for using Business OnlinePlus.  • If your operating system is not properly installed or functioning properly.  • For errors or failures from any malfunctions of your browser, Internet Service Provider (ISP)service provider, computer, computer virus or other problems relating to the computer equipment you use with Business OnlinePlus, including, without limitation, your inability to access Business Online Plus or any part of Business OnlinePlus.  • For a failure to provide access or for interruptions in access to Business Online Plus due to Business Online system failure. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED BY LAW, OUR SOLE RESPONSIBILITY FOR AN ERROR BY US OR OUR THIRD PARTY PROVIDER IN TRANSFERRING FUNDS-, PAYING A XXXX, OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT-AGREEMENT WILL BE TO CORRECT ANY ERRORS ([AND PAY ANY PENALTIES AND ASSOCIATED LATE CHARGES TO THE PAYEE)], BUT IN NO CASE WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR IN ANY WAY RELATED TO BUSINESS ONLINE PLUS OR OUR PERFORMANCE HEREUNDER. IN NO EVENT WILL OUR LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENTIn no event will our liability for any direct damages arising from or relating to this agreement, THE SERVICE OR THE INTERNET GENERALLY EXCEED THE TOTAL FEES INCURRED BY YOU DURING THE THREE Business Plus or the Internet generally exceed the total fees incurred by you during the three (3) MONTHS IMMEDIATELY PRECEDING ACCRUAL OF SUCH CAUSE OF ACTIONmonths immediately preceding accrual of such cause of action. IF YOU ARE DISSATISFIED WITH BUSINESS ONLINEIf you are dissatisfied with Business Plus, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF BUSINESS ONLINE AND/OR TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 16your sole and exclusive remedy shall be for you to discontinue use of Business Plus and / or terminate this agreement in accordance with section 15. You agree to indemnify and hold us harmless from any and all claims, demands, actions, suits, damages, judgments, liabilities, costs and expenses, and attorneys' attorney's fees arising out of or resulting from your use of Business Online Plus or your breach of any of your obligations under this Agreementagreement. Your obligation to indemnify us shall survive termination of this Agreementagreement.