Common use of SCOPE OF DUTY Clause in Contracts

SCOPE OF DUTY. The Standby GIC Provider undertakes to perform only such duties as are expressly set forth in this Agreement and to deal with the Guarantor Accounts with the degree of skill and care that the Standby GIC Provider accords to all accounts and funds maintained and held by it on behalf of its customers. Notwithstanding any other provision of this Agreement, the parties agree that the Standby GIC Provider shall not be liable for any action taken by it or any of its directors, officers or employees in accordance with this Agreement except for any breach of this Agreement, its or their own gross negligence or willful misconduct, and if necessary, as determined by a court of competent jurisdiction in a final non-appealable decision. In no event shall the Standby GIC Provider be liable for (i) losses or delays resulting from force majeure, computer malfunctions, interruption of communication facilities or other causes beyond the Standby GIC Provider’s control or for indirect or consequential damages, or (ii) any loss due to any altered, forged, fraudulent or unauthorized Financial Instruments.

SCOPE OF DUTY. The Standby GIC Provider undertakes to perform only such duties as are expressly set forth in this Agreement and to deal with the Guarantor Accounts Standby GIC Account with the degree of skill and care that the Standby GIC Provider accords to all accounts and funds maintained and held by it on behalf of its customers. Notwithstanding any other provision of this Agreement, the parties hereto agree that the Standby GIC Provider shall not be liable for any action taken by it or any of its directors, officers or employees in accordance with this Agreement except for any breach of this Agreement, its or their own gross negligence or willful wilful misconduct, and if necessary, as determined by a court of competent jurisdiction in a final non-non- appealable decision. In no event shall the Standby GIC Provider be liable for (i) losses or delays resulting from force majeure, computer malfunctions, interruption of communication facilities majeure or other causes beyond the Standby GIC Provider’s control control, including, without limitation, to the extent beyond the Standby GIC Provider’s control, computer malfunctions or interruption of communication facilities, or (ii) for indirect or consequential damages, or (iiiii) any loss due to any altered, forged, fraudulent or unauthorized Financial Instruments.

SCOPE OF DUTY. The Standby GIC Provider undertakes to perform only such duties as are expressly set forth in this Agreement and to deal with the Guarantor Accounts with the degree of skill and care that the Standby GIC Provider accords to all accounts and funds maintained and held by it on behalf of its customers. Notwithstanding any other provision of this Agreement, the parties hereto agree that the Standby GIC Provider shall not be liable for any action taken by it or any of its directors, officers or employees in accordance with this Agreement except for any breach of this Agreement, its or their own gross negligence or willful misconduct, and if necessary, as determined by a court of competent jurisdiction in a final non-appealable decision. In no event shall the Standby GIC Provider be liable for (i) losses or delays resulting from force majeure, computer malfunctions, interruption of communication facilities or other causes beyond the Standby GIC Provider’s control or for indirect or consequential damages, or (ii) any loss due to any altered, forged, fraudulent or unauthorized Financial Instruments.