S LIABILITY. In addition to any limitations in the Master Agreement, Bank will not be liable to Client for any refusal of a Paying Bank to pay an Image Exchange Item or Substitute Check for any reason (other than the gross negligence or willful misconduct of Bank), including without limitation, that the Original Check, Image Exchange Item or Substitute Check was allegedly unauthorized, was a counterfeit, had been altered, or had a forged signature. 800.797.6324 XxxxxxxxxXxxx.xxx
S LIABILITY. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking service as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence. • If through no fault of the Bank, you do not have enough money in your account to make the transfer. • If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken. • If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy. • If your funds are subject to a legal proceeding or other encumbrance is restricting the transfer. • If your transfer authorization terminates by operation of law. • If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately. • If you have not properly followed the instructions on how to make a transfer included in this Agreement. • If we have received incomplete or inaccurate information from you or a third party involving the account or transfer. • If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT. GOVERNING LAW This Agreement is governed by the laws of the State of Iowa and applicable federal law. United Bank & Trust 0000 X. Xxxxxx Xx. Marshalltown, IA 50158 Phone: 000-000-0000 Fax: 000-000-0000
S LIABILITY. Neither the Administrative Lender nor any of its officers, directors, employees, attorneys or agents shall be liable for any action taken or omitted to be taken by it or them hereunder in good faith and believed by it or them to be within the discretion or power conferred to it or them by the Loan Documents or be responsible for the consequences of any error of judgment, except for its or their own gross negligence or willful misconduct. Except as aforesaid, the Administrative Lender shall be under no duty to enforce any rights with respect to any of the Advances, or any security therefor. The Administrative Lender shall not be compelled to do any act hereunder or to take any action towards the execution or enforcement of the powers hereby created or to prosecute or defend any suit in respect hereof, unless indemnified to its satisfaction against loss, cost, liability and expense. The Administrative Lender shall not be responsible in any manner to any Lender for the effectiveness, enforceability, genuineness, validity or due execution of any of the Loan Documents, or for any representation, warranty, document, certificate, report or statement made herein or furnished in connection with any Loan Documents, or be under any obligation to any Lender to ascertain or to inquire as to the performance or observation of any of the terms, covenants or conditions of any Loan Documents on the part of the Borrower. To the extent not reimbursed by the Borrower, each Lender hereby indemnifies and holds harmless the Administrative Lender, pro rata according to its Specified Percentage, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses and/or disbursements of any kind or nature whatsoever which may be imposed on, asserted against, or incurred by the Administrative Lender in any way with respect to any Loan Documents or any action taken or omitted by the Administrative Lender under the Loan Documents; provided, however, no Lender shall be obligated to indemnify or hold harmless the Administrative Lender hereunder if any such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, expenses and/or disbursements result from gross negligence or willful misconduct by the Administrative Lender. Each Lender agrees that it expressly intends, under this Section 10.1(f) to indemnify Administrative Lender ratably as aforesaid for all such liabilities, obligations, losses, damages, pena...
S LIABILITY. (1) The claimant or the claimant's legal representative shall have given notice in writing, by registered post, of intention to seek compensation:
S LIABILITY. In no event shall Kendrion (Mishawaka) be liable for anticipated profits or for incidental or consequential damages. Kendrion (Mishawaka)’s liability on any claim of any kind for any loss or damage arising out of or in connection with or resulting from the PO or from the performance or breach thereof shall in no case exceed the price allocable to the Goods or unit thereof that gives rise to the claim, less material, labor, and production cost savings of Seller. Kendrion (Mishawaka) shall not be liable for penalties of any description. Period of Limitations. No claim, suit, or other proceeding arising out of or related to the Goods or this Agreement may be brought by Seller after one (1) year from the date it accrues. No discovery, estoppel, or other rule shall apply to extend this limitations period.
S LIABILITY. You must verify the suitability of the property for you and members of your household including any gardens, fences, ponds or outbuildings, especially regarding the safety of pets and young children.
S LIABILITY. 12.1 MARINGO shall be fully liable only for intent and gross negligence and for lack of guaranteed characteristics.
S LIABILITY. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking
S LIABILITY. The Ag Guild assumes no liability for loss, theft, property damage or personal injury related to the use of the facilities. Renter will be held responsible for payment of any and all damages to the building, furnishings, fixtures or equipment, whether caused by the Renter or attendees at Renter’s event, beyond damage deposit.
S LIABILITY. Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
