Common use of Unavailability of the Service Clause in Contracts

Unavailability of the Service. The Service will be unavailable in any of the following situations: (i) If the amount of money to be remitted or transferred is larger than the funds available for payment on the designated remittance date or designated transfer date; (ii) If transactions under the designated payment account has been restricted or suspended, or the designated payment account has already been closed; (iii) If the Customer has initiated a stop payment on the designated payment account and the Bank has conducted the prescribed procedures in accordance with it; (iv) If the Customer has suspended payments or a petition has been filed for the commencement of bankruptcy, civil rehabilitation procedures, corporate reorganisation procedures, special liquidation procedures or other such disposition (including any similar petition in any jurisdiction other than Japan) in respect of the Customer; (v) If there is a notification or an order to temporarily seize or order to seize the Customer’s deposits or other credits owed by the Bank; (vi) If a transfer transaction has been requested but transactions under the designated payment account have been restricted or suspended, or the designated account for the transfer has already been closed; (vii) If a requested remittance of money is in violation or potential violation of the laws of Japan or any foreign country; or (viii) If the execution of the Service becomes impossible or the Bank, at its sole discretion, discontinues the Service, because of riot, social disturbance, war, government law, order or regulation, measures taken by a government agency, natural phenomenon, violent weather, fire, major accident, strike, sabotage activity, explosion, or other similar or dissimilar unforeseen event that reduces the Bank’s ability to perform the Service, or if the Bank considers it necessary to suspend the Service.