Responsibilities and Liabilities Between Us Sample Clauses

Responsibilities and Liabilities Between Us. We’re responsible for exercising ordinary care and complying with this Agreement. When we take an item for processing by automated means, ordinary care does not require us to examine the item. In all other cases, ordinary care requires only that we follow standards that don’t vary unreasonably from the general standards followed by similarly situated financial institutions. Except to the extent we fail to exercise ordinary care or to comply with this Agreement, you agree to indemnify and hold us harmless from all claims, demands, losses, liabilities, judgments, and expenses (including attorney’s fees and expenses) arising out of or in any way connected with our performance under this Agreement. This indemnification will survive termination of this Agreement. We won’t be liable for anything we do when following your instructions. In addition, we won’t be liable if we don’t follow your instructions if we reasonably believe that your instructions would expose us to potential loss or civil or criminal liability, or conflict with customary banking practices. In no event will either Credit Union or you be liable to the other for any special, consequential, indirect, or punitive damages. The limitation doesn’t apply where the laws governing your account prohibit it. We won’t have any liability to you if your account does not have sufficient available funds to pay your items due to actions we have taken in accordance with this Agreement. Circumstances beyond your control or ours may arise and make it impossible for us to provide services to you or for you to pe rform your duties under this Agreement. If this happens, neither Credit Union nor you will be in breach of this Agreement. If we waive a right with respect to your account on one or more occasions, it does not mean we’re obligated to waive the same right on any other occasion. We’re permitted to either directly debit your account or bill you for our fees and expenses incurred in connection with your account and any service. If the available funds in your account are not sufficient to cover the debit, we may create an overdraft on your account.
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Related to Responsibilities and Liabilities Between Us

  • Responsibilities and Rights A. Nothing in this grievance procedure shall be construed to apply to matters for which an administrative remedy is provided before the Civil Service Commission. Where a matter within the scope of this grievance procedure is alleged to be both a grievance and an unfair labor practice under the jurisdiction of the XXX, the employee may elect to pursue the matter under either the grievance procedure herein provided, or by action before the XXX. The employee's election of either procedure shall constitute a binding election of the remedy chosen and a waiver of the alternative remedy.

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