Rightful Payment and Dishonor. If Business Entity does not issue a Return Request to Extraco for an Exception Check in accordance with the terms of this Agreement, and Extraco honors such Exception Check, such honor shall be rightful, and Business Entity waives any right it may have to assert that the Exception Check was not properly payable under Section 4.401 of the Texas Business and Commerce Code.
Rightful Payment and Dishonor. If the Bank honors a Presented Check that is not submitted on the Positive Pay Return Items File, such honor shall be rightful, and the Customer waives any right it may have to assert that the Presented Check was not properly payable under Section 4- 401. If the Bank honors a Presented Check that is listed on a Positive Pay File, such honor shall be rightful, and the Customer waives any right it may have to assert that the Presented Check was not properly payable under Section 4- 401. If the Bank dishonors a Presented Check that is listed on the Positive Pay Return Items File, the dishonor shall be rightful, and the Customer waives any right he or she may have to assert that the dishonor was wrongful under Section 4- 402. The Customer agrees that the Bank exercises ordinary care whenever it rightfully pays or returns a Presented Check consistent with the provisions of the Agreement.
Rightful Payment and Dishonor. Except as provided herein, if Bank honors an Exception Check in accordance with the pay default option selected by Company or in accordance with a Pay Request issued by Company, such honor shall be rightful, and Company waives any right it may have to assert that the Exception Check was not properly payable under U.C.C. section 4-401. Except as provided in Section herein, if Bank dishonors an Exception Check in accordance with the return default option selected by Company or in accordance with a Return Request issued by Company, the dishonor shall be rightful, and Company waives any right it may have to assert that the dishonor was wrongful under U.C.C. section 4-402. Company agrees that Bank exercises ordinary care whenever it rightfully pays or returns an Exception Check consistent with the provisions of the Agreement.
Rightful Payment and Dishonor. Except as provided in the paragraph above, if Bank honors an Exception Check in accordance with the Pay Default option selected by Company or in accordance with a proper Pay Request issued by Company, such honor shall be rightful, and Company waives any right it may have to assert that the Exception Check was not properly payable. If Bank dishonors an Exception Check in accordance with the return default option selected by Company or in accordance with a Return Request issued by Company, the dishonor shall be just, and Company waives any right it may have to assert that the dishonor was wrongful. Company agrees that Bank exercises ordinary care whenever it rightfully pays or returns an Exception Check consistent with the provisions of the Agreement.
Rightful Payment and Dishonor. If FI honors an Exception Item in accordance with the pay “default decision” selected by the Company or in accordance with a “pay” decision issued by the Company, such honor shall be rightful, and the Company waives any right it may have to assert that the Exception Item was not properly payable under UCC section 4- 401, as codified in the state of Washington or any similar provision under applicable law. If Bank dishonors an Exception Item in accordance with the return default option selected by Company or in accordance with a “return” decision issued by the Company, the dishonor shall be rightful, and the Company waives any right it may have to assert that the dishonor was wrongful under UCC section 4-402 or similar provision under applicable law. Company agrees that FI exercises ordinary care whenever it rightfully pays or returns an Exception Item consistent with the provisions of this agreement.
Rightful Payment and Dishonor. 1. If the bank honors an Exception Item in accordance with this Agreement, or in accordance with a Pay Request from the Customer, such honor will be rightful, and Customer waives any right it may have under UCC 4-401.
2. If Bank dishonors an Exception Item in accordance with this Agreement, or in accordance with a Return Request from the Customer, such dishonor will be rightful, and Customer waives any right it may have under UCC4-402.
3. Customer agrees that Bank shall be deemed to have exercised ordinary care whenever it rightfully pays or returns an Exception Item consistent with the provisions of this Agreement.
Rightful Payment and Dishonor a. If the bank honors an Exception Check in accordance with a pay default option, or in accordance with a Pay Request from the Customer, such honor will be rightful, and the Customer waives any right it may have under UCC 4-401.
b. If the Bank dishonors an Exception Check in accordance with the Customer selected return default option, or in accordance with a Return Request from the Customer, such honor will be rightful, and the Customer waives any right it may have under UCC4-402.
c. The Customer agrees that the Bank shall be deemed to have exercised ordinary care whenever it rightfully pays or returns an Exception Check consistent with the provisions of this agreement.
Rightful Payment and Dishonor. If we honor an Exception Check, such honor will be rightful, and you waive any right you may have to assert that the Exception Check was not properly payable under the UCC. If we dishonor an Exception Check in accordance with a Decision you submitted, the dishonor will be rightful, and you waive any right you may have to assert that the dishonor was wrongful under the UCC. You agree that we exercise ordinary care whenever we rightfully pay or return an Exception Check consistent with the provisions of this Agreement.
Rightful Payment and Dishonor. Except as provided in Section 3.5:
a. If the Bank honors a Check Exception in accordance with Section 2.1, 2.4, 2.5, and 2.6, such honor shall be rightful, and the Customer waives any right it may have to assert that the Exception Item was not properly payable under U.C.C. section 4-401.
b. If the Bank dishonors a Check Exception in accordance with Section 2.1, 2.4, 2.5, 2.6, and 2.7, the dishonor shall be rightful, and the Customer waives any right it may have to assert that the dishonor was wrongful under U.C.C. section 4-402.
c. The Customer agrees that the Bank exercises ordinary care whenever it rightfully pays or returns a Check Exception consistent with the provisions of the Positive Pay Agreement.
Rightful Payment and Dishonor. If the Bank dishonors a Presented Item that is identified as an Exception Item, provided the Bank has not received a pay or return request from you as provided in this Agreement, the dishonor shall be rightful, and you waive any right you may have to assert that the dishonor was wrongful under California Commercial Code Section 4-402. If the Bank honors a Presented Item that is listed on an Issued Check File, Single Entry Input or Payment Rules, or honors a pay or return request in response to an Exception Item, such honor shall be rightful, and you waive any right you may have to assert that the Presented Item was not properly payable under California Commercial Code Section 4-401. You agree that the Bank exercises ordinary care whenever it rightfully pays or returns a Presented Item consistent with the provisions of this Agreement.
