Our Responsibility for Errors Sample Clauses

Our Responsibility for Errors. If we are responsible for an erroneous action or transaction, we may be liable to you for losses up to the amount of the action or transaction unless otherwise required by law. We will not be liable for losses arising from: 1) insufficient funds to complete a transac- tion, 2) your negligence or the negligence of others, 3) your failure to follow any time limits, deadlines or amount limits as explained in the MSA, your other contracts and loans with us, as applicable, 4) circumstances beyond our control that prevent the performance of an action or transaction (such as natural disasters or other emer- gencies or problems), 5) occasions where you or we have entered information about an account, loan, product, service, action, trans- action or you in our records on your request that you could have reviewed, changed, corrected and/or terminated but failed to do so, or 6) any losses caused by your failure to follow any term of the MSA, your other contracts or loans with us, as applicable. Our con- duct in managing all products, services, actions and transactions will constitute the use of ordinary care if such conduct is consistent with applicable law, Federal Reserve regulations and operating cir- culars, clearing house rules and general banking practices followed in the area in which we service the accounts with us. If we ever disburse an amount of funds greater than you request or order to any person or organization you know (e.g., relative, friend, em- ployee, business associate, creditor, etc.), you agree to assist us in recovering our funds, including participation in collection, litiga- tion and prosecution. Finally, if you report that an action or trans- action on an account, loan, product or service is erroneous or un- authorized, and we determine the action or transaction was taken, conducted and/or assisted by your family member, friend or em- ployee (which is potentially a crime), we will investigate your use of ordinary care concerning the action or transaction. If we determine you failed to use ordinary care (i.e., were negligent) concerning the action or transaction on the account, loan, product or service (and the loss is not covered by the Electronic Fund Transfer Act), you agree to take responsibility for recovering any loss. You under- stand you are in the best position to address the loss and potential crime with your family member, friend or employee, rather than im- posing the cost on the members of our Credit Union.
AutoNDA by SimpleDocs
Our Responsibility for Errors. If we do not properly execute a transaction in accordance with this contract, we will be liable to you for losses up to the amount of the transaction (unless otherwise required). We will not be liable for: (1) your account having insufficient funds to complete a transaction, (2) losses that result from your negligence or the negligence of others, (3) your failure to adhere to any time limits provided for in this contract, (4) circumstances beyond our control that prevent the execution of a transaction, or (5) any losses incurred by your failure to adhere to any term of this contract. The credit union’s actions will constitute the exercise of ordinary care if such actions or non-actions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearing house rules, and general banking practices followed in the area serviced by the credit union. As result of a request or an order by you, should we ever disburse a greater amount funds based on your request to any person or entity that you know
Our Responsibility for Errors. If we do not properly perform a transaction according to the terms of this Agreement, we may be liable to you for losses up to the amount of the transaction (unless other- wise required). We will not be liable for: 1) your account having insufficient funds to complete a transaction; 2) losses that result from your negligence or the negligence of others; 3) your failure to follow any time limits as explained in this Agreement; 4) circumstances beyond our control that prevent us from performing the transaction (such as power failures, closures due to storms or other emergencies); or 5) any losses caused by your failure to follow any term of this Agreement. Our actions will constitute the use of ordinary care if such actions or non-actions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearing house rules and general banking practices followed in the area serviced by us. As a result of a request or an order by you, should we ever disburse a greater amount of funds based on your request or order to any person or organization that you know (e.g., relative, friend, employee, business associate, creditor, etc.), you agree to assist us in recovering our funds, including participation in litigation and prosecution. Finally, if you report that any transaction on an account or loan is erroneous or unau- thorized, and we determine that the transaction on the account or loan was conduct- ed by your family member, friend or employee, and that you were negligent with respect to the transaction, you understand and agree that you will take responsibility for and address the matter to recover any loss for the transaction with the family member, friend or employee. You understand and agree that you, like each member of our Credit Union, are in the best position to control, prevent and subsequently address the transaction with your family member, friend or employee, rather than imposing the expense of resolving the matter on all members of the Credit Union.
Our Responsibility for Errors. If we do not properly perform a transaction according to the terms of this Contract, we will be liable to you for losses up to the amount of the transaction (unless other- wise required). We will not be liable for (i) your account having insufficient funds to complete a transaction; (ii) losses that result from your negligence or the negligence of others; (iii) your failure to follow any time limits as explained in this Contract; (iv) circumstances beyond our control that prevent us from performing the transaction (such as power failures, closures do to storms, or other emergencies); or (v) any losses caused by your failure to follow any term of this Contract. Our actions will constitute the use of ordinary care if such actions or non-actions are consistent with applicable state law, Federal Reserve Regulations, and operating letters, clearing house rules, and general banking practices followed in the area serviced by us. As a result of a request or an order by you, should we ever disburse a greater amount of funds based on your request to any person or organization that you know (e.g., rela- tive, friend, employee, business associate, etc.), you agree to assist us in recovering our funds, including participation in litigation and prosecution.
Our Responsibility for Errors. If we are responsible for an erroneous action or transaction, we may be liable to you for losses up to the amount of the action or transaction unless otherwise required by law. We will not be liable for losses arising from: 1) insufficient funds to complete a transac- tion, 2) your negligence or the negligence of others, 3) your failure to follow any time limits, deadlines or amount limits as explained in the MSA, your other contracts and loans with us as applicable,
Our Responsibility for Errors. If we do not properly perform a transaction according to the terms of this Contract, we will be liable to you for losses up to the amount of the transaction (unless otherwise required). We will not be liable for (i) your account having insufficient funds to complete a transaction; (ii) losses that result from your negligence or the negligence of others; (iii) your failure to follow any time limits as explained in this Contract; (iv) circumstances beyond our control that prevent us from performing the transaction (such as power failures, closures do to storms, or other emergencies); or (v) any losses caused by your failure to follow any term of this Contract. Our actions will constitute the use of ordinary care if such actions or non-actions are consistent with applicable state law, Federal Reserve Regulations, and operating letters, clearing house rules, and general banking practices followed in the area serviced by us. As a result of a request or an order by you, should we ever disburse a greater amount of funds based on your request to any person or organization that you know (e.g., relative, friend, em- ployee, business associate, etc.), you agree to assist us in reco- xxxxxx our funds, including participation in litigation and prosecu- tion.

Related to Our Responsibility for Errors

  • Responsibility for Evaluation Within each school the Principal will be responsible for the evaluation of employees assigned to that school. Evaluation will be made by the Principal or a qualified administrator. An employee assigned to more than one school will be evaluated by the Principal of the school in which the employee is assigned for the greater amount of time, with input provided by the Principal of the other school. Any Principal or person charged with the responsibility of evaluation of employees may involve other staff and students in the process if acceptable to the certificated teacher being evaluated.

  • Your Responsibility You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.

  • Employer Responsibility The Employer accepts its responsibility to insure equal opportunity in all aspects of employment for all qualified persons regardless of race, creed, religion, color, national origin, age, disability, reliance on public assistance, sex, marital status, sexual orientation/affectional preference, or any other class or group distinction, as set forth by state or federal anti-discrimination laws, or in Board policy.

  • Customer Responsibility You agree that you are responsible for all access to and use of the Service through your account or password(s) and for any fees incurred for the Service, or for software or other merchandise purchased through the Service, or any other expenses incurred in accordance with the terms of this Agreement. You agree that you are responsible for backing up (a) any data you submit, receive or transfer over the Service, including, without limitation, your email; and (b) any data, files, programs, or applications on any device you connect to the Service. You acknowledge that you are aware that content accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of your account by minors. You ratify and confirm any obligations incurred by a minor using your account.

  • Responsibility For Use (a) The Company alone will be responsible for furnishing, or arranging for a third party to furnish, all data and information required by the Documentation and the specifications therein for the Licensed System to function and perform in accordance with the Documentation, other than the data and information residing in the Licensed System in connection with BNYM’s performance of the Core Services. BNYM shall have no liability or responsibility for any Loss caused in whole or in part by the Company’s or a Permitted User’s exercise of the Licensed Rights or use of the Licensed System or by data or information of any nature inputted into the Licensed System by or under the direction or authorization of Company or a Permitted User; provided, however, this Section 2.5 shall not relieve BNYM of its obligation to act in accordance with its obligations under the Main Agreement. Company shall be responsible and solely liable for the cost or expense of regenerating any output or other remedial action if the Company, a Permitted User or an agent of either shall have failed to transmit properly and in the correct format any data or information, shall have transmitted erroneous or incorrect information or data, or shall have failed to timely verify or reconcile any such data or information when it is generated by the Licensed System (“Data Faults”).

  • Responsibility for Content Vendor is solely responsible for administration, content, intellectual property rights, and all materials at Vendor’s website. DIR reserves the right to require a change of listed content if, in the opinion of DIR, it does not adequately represent the Contract.

  • Employee’s Responsibility WORK START TIME

  • RESPONSIBILITY FOR EMPLOYEES To the extent that the Contract involves the provision of the Services to UNDP by the Contractor’s officials, employees, agents, servants, subcontractors and other representatives (collectively, the Contractor’s “personnel”), the following provisions shall apply: 8.1 The Contractor is responsible for and shall assume all risk and liabilities relating to its personnel and property. 8.2 The Contractor shall be responsible for the professional and technical competence of the personnel it assigns to perform work under the Contract and will select reliable and competent individuals who will be able to effectively perform the obligations under the Contract and who, while doing so, will respect the local laws and customs and conform to a high standard of moral and ethical conduct. 8.3 Such Contractor personnel shall be professionally qualified and, if required to work with officials or staff of UNDP, shall be able to do so effectively. The qualifications of any personnel whom the Contractor may assign or may propose to assign to perform any obligations under the Contract shall be substantially the same, or better, as the qualifications of any personnel originally proposed by the Contractor. 8.4 At the option of and in the sole discretion of UNDP: 8.4.1 the qualifications of personnel proposed by the Contractor (e.g., a curriculum vitae) may be reviewed by UNDP prior to such personnel’s performing any obligations under the Contract; 8.4.2 any personnel proposed by the Contractor to perform obligations under the Contract may be interviewed by qualified staff or officials of UNDP prior to such personnel’s performing any obligations under the Contract; and, 8.4.3 in cases in which, pursuant to Article 8.4.1 or 8.4.2, above, UNDP has reviewed the qualifications of such Contractor’s personnel, UNDP may reasonably refuse to accept any such personnel. 8.5 Requirements specified in the Contract regarding the number or qualifications of the Contractor’s personnel may change during the course of performance of the Contract. Any such change shall be made only following written notice of such proposed change and upon written agreement between the Parties regarding such change, subject to the following: 8.5.1 UNDP may, at any time, request, in writing, the withdrawal or replacement of any of the Contractor’s personnel, and such request shall not be unreasonably refused by the Contractor. 8.5.2 Any of the Contractor’s personnel assigned to perform obligations under the Contract shall not be withdrawn or replaced without the prior written consent of UNDP, which shall not be unreasonably withheld. 8.5.3 The withdrawal or replacement of the Contractor’s personnel shall be carried out as quickly as possible and in a manner that will not adversely affect the performance of obligations under the Contract. 8.5.4 All expenses related to the withdrawal or replacement of the Contractor’s personnel shall, in all cases, be borne exclusively by the Contractor. 8.5.5 Any request by UNDP for the withdrawal or replacement of the Contractor’s personnel shall not be considered to be a termination, in whole or in part, of the Contract, and UNDP shall not bear any liability in respect of such withdrawn or replaced personnel. 8.5.6 If a request for the withdrawal or replacement of the Contractor’s personnel is not based upon a default by or failure on the part of the Contractor to perform its obligations in accordance with the Contract, the misconduct of the personnel, or the inability of such personnel to reasonably work together with UNDP officials and staff, then the Contractor shall not be liable by reason of any such request for the withdrawal or replacement of the Contractor’s personnel for any delay in the performance by the Contractor of its obligations under the Contract that is substantially the result of such personnel’s being withdrawn or replaced. 8.6 Nothing in Articles 8.3, 8.4 and 8.5, above, shall be construed to create any obligations on the part of UNDP with respect to the Contractor’s personnel assigned to perform work under the Contract, and such personnel shall remain the sole responsibility of the Contractor. 8.7 The Contractor shall be responsible for requiring that all personnel assigned by it to perform any obligations under the Contract and who may have access to any premises or other property of UNDP shall: 8.7.1 undergo or comply with security screening requirements made known to the Contractor by UNDP, including but not limited to, a review of any criminal history; 8.7.2 when within UNDP premises or on UNDP property, display such identification as may be approved and furnished by UNDP security officials, and that upon the withdrawal or replacement of any such personnel or upon termination or completion of the Contract, such personnel shall immediately return any such identification to UNDP for cancellation. 8.8 Within one working day after learning that any of Contractor’s personnel who have access to any UNDP premises have been charged by law enforcement authorities with an offense other than a minor traffic offense, the Contractor shall provide written notice to inform UNDP about the particulars of the charges then known and shall continue to inform UNDP concerning all substantial developments regarding the disposition of such charges. 8.9 All operations of the Contractor, including without limitation, storage of equipment, materials, supplies and parts, within UNDP premises or on UNDP property shall be confined to areas authorized or approved by UNDP. The Contractor’s personnel shall not enter or pass through and shall not store or dispose of any of its equipment or materials in any areas within UNDP premises or on UNDP property without appropriate authorization from UNDP. 8.10 The Contractor shall (i) put in place an appropriate security plan and maintain the security plan, taking into account the security situation in the country where the Services are being provided; and

  • Responsibility for Damage Resident is solely responsible for any damage, defacement or loss arising within the assigned bedroom space. All assigned residents of an apartment are jointly and severally responsible for any damage, defacement or loss to common areas, other parts of the Property, fixtures or appliances, except for the portion of damages over $100,000 where it is finally established that Resident or one or more other residents of the apartment were solely at fault for the entire loss, in which case such person(s) will be solely responsible. Resident is fully responsible for the conduct of Resident’s guests, visitors, licensees and invitees (“Guests”), including without limitation harm to individuals or damage or defacement of any part of the Property or its fixtures or property of third parties (including other residents) by such Guests.

  • Responsibility for Equipment City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or by any of its employees, even though such equipment be furnished, rented or loaned to Contractor by City.

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