Unauthorized Use and Unauthorized Transactions. 9.1. Except as otherwise expressly provided below, Company will be liable to Mobil for all unauthorized use or Unauthorized Transactions that occur if: (i) a Card is lost or stolen and Company does not give immediate notice to Mobil as provided in Section 8 of this Agreement; ii) such use or suspected use occurs as a result of the Company’s lack of reasonable security precautions and controls surrounding the Cards or Accounts as described in Sections 2 and 3 of this Agreement; or (iii) such use results in a benefit, directly or indirectly, to the Company or Account User. Misuse as defined by Company internal Company policy by an Account User or other employee does not constitute fraud, unauthorized use, or an Unauthorized Transaction.
Unauthorized Use and Unauthorized Transactions. 10.1. For Company Accounts, except as otherwise expressly provided below, Company will be liable to Issuer for all unauthorized use or Unauthorized Transactions that occur if: (i) a Card is lost or stolen and Company does not give immediate notice to Issuer as provided in Section 9 of this Agreement; ii) such use or suspected use occurs as a result of the Company’s lack of reasonable security precautions and controls surrounding the Cards or Accounts as described in Section 3 of this Agreement; or (iii) such use results in a benefit, directly or indirectly, to the Company or Account User. For Company Accounts, the fact that a given use by an Account User or other employee may be defined by your internal Company policy as misuse is irrelevant this determination. Such use does not constitute fraud, unauthorized use, or an Unauthorized Transaction.
