Unauthorized Check Transactions. If your negligence contributes to a check being altered, changed or forged, we will not be responsible if we pay the check in good faith and in accordance with the reasonable commercial standards of our business. If anyone disputes the payment of a check because it was altered, changed, forged, bore an unauthorized signature or was otherwise improper, we may not credit the amount to your account until the dispute has been resolved. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless a law, rule or regulation provides otherwise, such a claim is deemed not to have been made until submitted in writing to us. You agree to fully cooperate in our investigation of such a claim. Your cooperation may include among other things, at the Bank’s discretion: (1) a requirement that you submit a declaration under penalty of perjury describing your claim; (2) a report filed with the appropriate police and/or investigatory authority; (3) promptly providing documentation in support of your claim that the Bank requests; and (4) making a claim against any insurance coverage that you might carry, including for claims arising from employee fraud or embezzlement. Any failure to cooperate in the Bank’s investigation may result in our decision not to honor your claim. We may, although we are not required to do so, provisionally credit your account pending the final outcome of the investigation. If we determine, in our sole discretion, that the debit to your account was not improper, then we may reverse any provisional credit made to your account. We will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you to recover your loss against the person responsible and you agree to indemnify and hold us harmless from any such losses. In the event that we reimburse your loss, you agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources, including insurance coverage. At our request, you will provide us with all reasonable information about your insurance coverage, including the name of your insurance carrier, policy number, policy limits, appl...
Unauthorized Check Transactions. If you discover a check forgery, alteration or other unauthorized transaction involving your account, you must promptly notify Proponent in writing of the relevant facts. You agree to maintain a current check register and to review carefully and promptly all statements and notices we send to you. You agree that, if you receive our check truncation service, your statements will be deemed to provide sufficient information about your checks for you to determine whether any payment was not authorized because of an alteration or unauthorized signature if they provide the check number, amount and date of payment. If you fail to notify us within a reasonable time (not exceeding 30 days after we mail or deliver the item or statement to you) of an unauthorized transaction, we may not be responsible for subsequent forgeries or alterations by the same wrongdoer. Without regard to care or lack of care of either you or us,
