Wrongful Dishonor. Except as provided below, it shall constitute wrongful dishonor by Bank if Bank dishonors a Check for which Customer has not issued a Return Request on an Exception Item.
a) Bank’s liability for wrongful dishonor of an Exception Item shall be limited to the damages for wrongful dishonor recoverable under UCC Articles 3 and 4.
b) Notwithstanding anything contained herein to the contrary, Bank shall have no liability to Customer for wrongful dishonor when Bank, acting in good faith, returns an Exception Item:
i. That it reasonably believes was not properly payable; or
ii. By reason of insufficient funds (available for withdrawal pursuant to Bank’s applicable funds availability schedule and policies) on deposit in a Designated Account necessary to satisfy Items presented for payment; or
iii. If required to do so by the service of legal process of Bank or the instructions of regulatory or government authorities or courts; or
iv. If Customer fails to provide proper and timely notice to pay said Item.
Wrongful Dishonor. Except as provided in this section, it shall constitute wrongful dishonor by Bank if Bank dishonors an Exception Check: (a) that Bank has been ordered to pay pursuant to a Pay Request, or (b) for which Company has not issued a Return Request under the pay default option. Bank’s liability for wrongful dishonor of an Exception Check shall be limited to the damages for wrongful dishonor recoverable under U.C.C. Articles 3 and 4. Notwithstanding the foregoing, Bank shall have no liability to Company for wrongful dishonor when Bank, acting in good faith, returns an Exception Check: (i) that it reasonably believed was not properly payable; (ii) if there are insufficient Available Funds on deposit in the Authorized Account; or (iii) if required to do so by the service of legal process on Bank or the instructions of regulatory or government authorities or courts.
Wrongful Dishonor. Except as provided below, it shall constitute wrongful dishonor by Bank if Bank dishonors a Check for which Company have not issued a Return Request on an Exception Item. Bank’s liability for wrongful dishonor of an Exception Item shall be limited to the damages for wrongful dishonor recoverable under UCC Articles 3 and 4. Bank shall have no liability to Company for wrongful dishonor when Bank, acting in good faith, returns an Exception:
Wrongful Dishonor. Except as provided below, it shall constitute wrongful dishonor by Bank if Bank dishonors an Exception Check that Bank has been ordered to pay pursuant to a properly submitted Pay Request. Bank’s liability for wrongful dishonor of an Exception Check shall be limited to the damages for wrongful dishonor recoverable under the U.C.C. Bank shall have no liability to Company for wrongful dishonor when Bank, acting in good faith, returns or declines to cash an Exception Check:
i. That it reasonably believed was not properly payable;
ii. If there are insufficient Available Funds on deposit in the Authorized Account; or,
iii. If required to do so by the Services of legal process on Bank or the instructions of regulatory or government authorities or courts.
Wrongful Dishonor. It shall not constitute wrongful dishonor by FI if
(a) FI dishonors an Exception Item that FI has been ordered to pay pursuant to a “pay” decision; or (b) for which the Company has not issued a “return” decision under the pay “default decision”. FI shall have no liability to the Company for wrongful dishonor when FI, acting in good faith, returns an Exception Item: (a) that it reasonably believed was not properly payable; (b) if there are insufficient Available Funds on deposit in the account; or (c) if required to do so by the service of legal process on FI or instructions of regulatory or government authorities or courts.
Wrongful Dishonor. In the event of wrongful dishonor which occurs by mistake, our liability shall be limited to actual damages you prove. In the event of a dishonor of any check, share draft or other debit on your account, our determination of whether sufficient funds exist in your account may be made at any time between the time the item is received and the time it is returned.
Wrongful Dishonor. Bank will have no liability to Customer for wrongful dishonor of any debit when the Bank acted in good faith, or when Bank returned an Exception Item it had reason to believe was not properly payable, or if there were insufficient funds in the account to pay the item, or if Bank believes that it is required to do so due to legal or regulatory considerations.
Wrongful Dishonor. Bank’s Wrongful Honor shall be limited to the lesser of the amount of the wrongfully paid Presented Check or Company’s actual damages resulting from Bank’s payment of the Presented Check. Bank retains the right to assert the defense that Company has sustained no actual damages because Bank’s Wrongful Honor discharged for value an indebtedness of Company. Bank also retains the right to assert Company’s failure to exercise reasonable promptness or ordinary care under the UCC. Nothing herein shall constitute a waiver or limitation of the rights of Bank under the UCC. Bank’s liability for wrongful dishonor of a Presented Check shall be limited to the damages for wrongful dishonor recoverable under UCC Articles 3 and 4; provided, however, that Bank shall have no liability to Company for wrongful dishonor when Bank, acting in good faith, returns a Presented Check: (i) that it reasonably believed was not properly payable; or (ii) if required to do so by the service of legal process on Bank or the instructions of regulatory or government authorities or courts. Company agrees that Bank exercises ordinary care whenever it pays or returns a Presented Check consistent with the provisions of this Agreement.
Wrongful Dishonor. Except as provided below, it shall constitute wrongful dishonor by the Bank if the Bank dishonors a Check Exception (a) for which the Customer has issued a timely Pay/No Pay Decision instructing the Bank to Pay said Check Exception or (b) the Customer selected the Pay Auto Exception Decision and did not issue a timely Pay/No Pay Decision.
a. The Bank's liability for wrongful dishonor of an Exception Item shall be limited to the damages for wrongful dishonor recoverable under U.C.C. Articles 3 and 4.
b. Notwithstanding Section 3.2a and 3.3a, the Bank shall have no liability to the Customer for wrongful dishonor when the Bank, acting in good faith, returns an Exception Item:
1. That it reasonably believed was not properly payable; or
2. If there are insufficient Available Funds on deposit in the Authorized Account; if required to do so by the service of legal process on the Bank; or the instructions of regulatory or government authorities or courts.
Wrongful Dishonor. Except as provided below, it shall constitute wrongful dishonor by the BANK if the BANK dishonors an Exception Item (a) that the BANK has been ordered to pay pursuant to a “pay” decision, or (b) for which the COMPANY has not issued a “return” decision under the pay default option.
