Common use of RISKS AND DUTIES Clause in Contracts

RISKS AND DUTIES. Except for loss caused exclusively by the Financial Institution's gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, the Depositor assumes all risk of loss due to the use of Direct Services, including, without limitation, the risk of Third Party fraud. The Depositor further agrees that they will notify the Financial Institution immediately: a. of any suspected or actual misuse or unauthorized use of the PAC and/or PIW; or b. if the PAC and/or PIW becomes known to anyone other than the Depositor; and c. if the Depositor receives Notification of any Transaction affecting the Account that alerts the Depositor of Account activity that was not authorized by them. The Depositor will change the PAC and/or PIW if either of the notification requirements above in a) orb) arises. The notification requirement above in b) does not apply if the Depositor has disclosed the PAC to a Third Party for a personal financial management service similar to that described in article 29, Personal Financial Management. The Depositor acknowledges that the Depositor is responsible for all use made of the PAC and/or PIW and that the Financial Institution is not liable for the Depositor's failure to comply with any part of this Agreement. The Depositor is liable for all authorized and unauthorized use, including all Transactions. The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, the Depositor expressly acknowledges and agrees that they shall be bound by and liable for any use of the PAC or PIW by a member of the Depositor's household. The Depositor is liable for all transfers to linked accounts. The Depositor bears all risk for all such Transactions. Where the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason, the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution, the Depositor's suspicion and the facts upon which the Depositor's suspicion is based ("Suspicious Circumstances"). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Depositor, but the Financial Institution does not owe the Depositor any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of the Depositor's Accounts pending investigation of any improper use of any Account. Any hold imposed by the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by the Financial Institution, is imposed or undertaken by the Financial Institution at the Financial Institution's sole discretion and for the Financial Institution's sole benefit. Release of a hold by the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good and may not be relied upon as such by the Depositor. If, to the satisfaction of the Financial Institution, any improper use is established, the Financial Institution can withdraw or suspend Direct Services and/or operation of the Account without notice.

RISKS AND DUTIES. Except for loss caused exclusively by the Financial Institution's ’s gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, the Depositor assumes all risk of loss due to the use of Direct Servicesthe Account, including, without limitation, the risk of Third Party fraud. The Depositor further agrees that they will notify the Financial Institution immediately:further a. a) of any suspected or actual misuse or unauthorized use of the PAC PAC, PIN, Passcode, and/or PIW; or b. b) if the PAC PAC, PIN, Passcode, and/or PIW becomes known to anyone other than the Depositor; and c. c) if the Depositor receives Notification of any Transaction affecting the Account that alerts the Depositor of Account activity that was not authorized by them. The Depositor will change the PAC PAC, PIN, Passcode, and/or PIW if either of the notification requirements above in a) orbor b) arises. The notification requirement above in b) does not apply if the Depositor has disclosed the PAC to a Third Party for a personal financial management service similar to that described in article 29, Personal Financial Management. The Depositor acknowledges that the Depositor is responsible for all use made of the PAC PAC, PIN, Passcode, and/or PIW and that the Financial Institution is not liable for the Depositor's ’s failure to comply with any part of this Agreement. The Depositor is liable for all authorized and unauthorized use, including all Transactions. The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, the Depositor expressly acknowledges and agrees that they shall be bound by and liable for any use of the PAC or PAC, PIN, Passcode, and/or PIW by a member of the Depositor's ’s household. The Financial Institution will not be liable to the Depositor for any action or failure to act of a Merchant or refusal by a Merchant to honour the Debit Card, whether or not such failure or refusal is the result of any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. Except for direct losses, subject to the restrictions in this Agreement, resulting from circumstances beyond the Depositor’s control such as technical problems and unauthorized use of the Debit Card and PIN, the Financial Institution will not be liable for any loss, damage, or injury arising from the use of ATMs or Point-of-Sale terminals or from any mechanical or operational failure of any such devices, and the Depositor releases the Financial Institution from liability for any such loss, damage, or injury. In the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Depositor will be liable only to the extent of any benefit they have received, and will be entitled to recover from the Financial Institution any direct losses the Depositor may have suffered. The Depositor will not use the Debit Card and PIN for any unlawful purpose, including the purchase of goods and services prohibited by local law applicable in the Depositor’s jurisdiction. The Depositor is liable for all transfers to linked accounts. The Depositor bears all risk for all such Transactions. Where the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason, the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution, the Depositor's ’s suspicion and the facts upon which the Depositor's ’s suspicion is based ("“Suspicious Circumstances"”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Depositor, but the Financial Institution does not owe the Depositor any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of the Depositor's Accounts pending investigation of any improper use of any Account. Any hold imposed by the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by the Financial Institution, is imposed or undertaken by the Financial Institution at the Financial Institution's ’s sole discretion and for the Financial Institution's ’s sole benefit. Release of a hold by the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good and may not be relied upon as such by the Depositor. If, to the satisfaction of the Financial Institution, any improper use is established, the Financial Institution can withdraw or suspend Direct Services and/or operation of the Account without notice. Any monies or Instruments placed in an envelope or deposit bag and placed by the Depositor in the night depository will be at the Depositor’s risk until the monies or Instruments are actually entered or recorded as a deposit to the credit of the Account. The Financial Institution is not responsible for or under any obligation to account for any lost or destroyed monies or Instruments which the Depositor may place in the night depository, even if the loss or destruction is the result of the Financial Institution’s negligence or that of the authorized Financial Institution officers.

RISKS AND DUTIES. Except for loss caused exclusively by the Financial Institution's ’s gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, the Depositor assumes all risk of loss due to the use of Direct Servicesthe Account, including, without limitation, the risk of Third Party fraud. The Depositor further agrees that they it will notify the Financial Institution immediately: a. a) of any suspected or actual misuse or unauthorized use of the PAC PAC, PIN, and/or PIW; , or b. b) if the PAC PAC, PIN, and/or PIW becomes known to anyone other than the Depositor; Authorized User(s), and c. c) if the Depositor receives Notification of any Transaction affecting the Account that alerts the Depositor of Account activity that was not authorized by them. The Depositor or the Authorized User, as applicable, will change the PAC PAC, PIN, and/or PIW if either of the notification requirements above in a) orbor b) arises. The notification requirement above in b) does not apply if the Depositor has disclosed the PAC to a Third Party for a personal financial management service similar to that described in article 29, Personal Financial Management. The Depositor acknowledges that the Depositor is responsible for all use made of the PAC PAC, PIN, and/or PIW and that the Financial Institution is not liable for the Depositor's ’s failure to comply with any part of this Agreement. The Depositor is liable for all authorized and unauthorized use, including all Transactions. The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, the Depositor expressly acknowledges and agrees that they the Depositor shall be bound by and liable for any use of the PAC or PAC, PIN, and/or PIW by a member of any Authorized User’s household. The Financial Institution will not be liable to the Depositor for any action or failure to act of a Merchant or refusal by a Merchant to honour the Debit Card, whether or not such failure or refusal is the result of any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. Except for direct losses, subject to the restrictions in this Agreement, resulting from circumstances beyond the Depositor's household’s control such as technical problems and unauthorized use of the Debit Card and PIN, the Financial Institution will not be liable for any loss, damage, or injury arising from the use of ATMs or Point-of-Sale terminals or from any mechanical or operational failure of any such devices, and the Depositor releases the Financial Institution from liability for any such loss, damage, or injury. In the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Depositor will be liable only to the extent of any benefit the Depositor has received, and will be entitled to recover from the Financial Institution any direct losses the Depositor may have suffered. The Depositor will instruct the Authorized User(s) not to use their Debit Card and PIN for any unlawful purpose, including the purchase of goods and services prohibited by local law applicable in the Depositor’s jurisdiction. The Depositor is liable for all transfers to linked accounts. The Depositor bears all risk for all such Transactions. Where the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason, the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution, the Depositor's ’s suspicion and the facts upon which the Depositor's ’s suspicion is based ("“Suspicious Circumstances"”). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Depositor, but the Financial Institution does not owe the Depositor any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of the Depositor's Accounts pending investigation of any improper use of any Account. Any hold imposed by the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by the Financial Institution, is imposed or undertaken by the Financial Institution at the Financial Institution's ’s sole discretion and for the Financial Institution's ’s sole benefit. Release of a hold by the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good and may not be relied upon as such by the Depositor. If, to the satisfaction of the Financial Institution, any improper use is established, the Financial Institution can withdraw or suspend Direct Services and/or operation of the Account without notice. Any monies or Instruments placed in an envelope or deposit bag and placed by an Authorized User in the night depository will be at the Depositor’s risk until the monies or Instruments are actually entered or recorded as a deposit to the credit of the Account. The Financial Institution is not responsible for or under any obligation to account for any lost or destroyed monies or Instruments which an Authorized User may place in the night depository, even if the loss or destruction is the result of the Financial Institution’s negligence or that of the authorized Financial Institution officers. The Depositor acknowledges that the Depositor bears all risks related to the use of Facsimile Signatures.

RISKS AND DUTIES. Except for loss caused exclusively by the Financial Institution's gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, the Depositor assumes all risk of loss due to the use of Direct ServicesServices for Small Business, including, without limitation, the risk of Third Party fraudfraud and internal fraud of the Depositor. The Depositor further agrees that they will notify the Financial Institution immediately: a. of any suspected or actual misuse or unauthorized use of the PAC PIN and/or PIW; , or b. if the PAC PIN and/or PIW becomes known to anyone other than the Depositor; , and c. if the Depositor receives Notification of any Transaction affecting the Account that alerts the Depositor of Account activity that was not authorized by them. The Depositor will change the PAC PIN and/or PIW if either of the notification requirements above in a) orb) situation arises. The notification requirement above in b) does not apply if the Depositor or Signing Officer has disclosed the PAC PIN to a Third Party for a personal financial management service similar to that described in article 2930, Personal Financial Management. The Depositor acknowledges that the Depositor is responsible for all use made of the PAC PIN and/or PIW and that the Financial Institution is not liable for the Depositor's failure to comply with any part of this Agreement. The Depositor is liable for all authorized and unauthorized use, including all Transactionswithdrawals on and any transfers from any Account. The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, the Depositor expressly acknowledges and agrees that they the Depositor shall be bound by and liable for any use of the PAC PIN or PIW by a member of the Depositor's, Signing Officer's, Delegate's, or Non Signer's household. The Depositor acknowledges that the Depositor is liable for all transfers authorized by any Signing Officer to linked accounts. The Depositor bears all risk for all such Transactions. Where the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the AccountDepositor's Accounts, or Instruments deposited to the Account Depositor's Accounts are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason, the Depositor has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution, Institution the Depositor's suspicion and the facts upon which the Depositor's suspicion is based ("Suspicious Circumstances"). The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Depositor, but the Financial Institution does not owe the Depositor any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of the Depositor's Accounts pending investigation of any improper use of any Account. Any hold imposed by the Financial Institution pursuant to any of the terms of this Agreement, or investigation undertaken by the Financial Institution, is imposed or undertaken by the Financial Institution at the Financial Institution's sole discretion and for the Financial Institution's sole benefit. Release of a hold by the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good and may not be relied upon as such by the Depositor. If, to the satisfaction of the Financial Institution, any improper use is established, the Financial Institution can withdraw or suspend Direct Services for Small Business and/or operation of the Account without notice.