Examples of Positive Pay Services in a sentence
The Company further acknowledges and agrees that if Bank acts in accordance with the procedures set forth herein in paying items through the Positive Pay Services, Bank shall be deemed to have exercised good faith and ordinary care as defined by Articles 3 and 4 of the Uniform Commercial Code (“UCC”) and Bank shall have no liability whatsoever in paying such item(s).
Company agrees that if it fails to implement the Positive Pay Services following Bank’s request that it do so, Company will be precluded from asserting any claim against Bank for paying an unauthorized, altered, counterfeit or other fraudulent item that the Positive Pay Services were designed to detect or deter, and Bank will not be required to re-credit your Account(s) or otherwise be liable to Company for paying such item.
The Company acknowledges that Company’s failure to use the Positive Pay Services could substantially increase the likelihood of undetected fraudulent activity on its Accounts and that it is neither unreasonable nor unreasonable under the circumstances for us to require Company to use our Positive Pay Services upon request.
If Bank suspects or concludes, in its sole discretion, that Company is using the Positive Pay Services in violation of the previous sentence, the Bank may require the Company to provide evidence that the items the Bank is being requested to return pursuant to Company’s instructions are in fact fraudulent.
Throughout the term of this Service Description, Client will maintain the deposit account (the "Account") with Bank designated in the Supporting Documents, or otherwise in writing, to which the Positive Pay Services will be made available.
Except as otherwise stated in this Agreement, Bank will be liable to Customer only for damages directly from Bank’s intentional misconduct or gross negligence in the performance of the Positive Pay Services.
The Company agrees that the Positive Pay Services are intended to be used to identify and return items which Company suspects, in good faith, are fraudulent, and are not intended to be used as a substitute for Company placing stop payment orders on items which Company does not wish to be paid and which are not suspected as being fraudulent.
Positive Pay Services are offered by Bank as the most effective way to minimize loss from fraudulent Check issuance or payment.
Service users may change their minds and withdraw consent at any time.
You will not use our Positive Pay Services to pay your obligations on a delayed basis or in place of a stop payment order on any check, Item or Exception Item which you know before its presentment you do not want to have us pay.