Commercially Reasonable Procedures Clause Samples

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Commercially Reasonable Procedures. If the size, type or frequency of Communications made by Client changes such that the Security Procedures in use by Client no longer provide a commercially reasonable method of providing security against unauthorized Communications, Client shall immediately notify Bank.
Commercially Reasonable Procedures. Bank and Company expressly agree that the Security Procedures set forth in this Agreement are and shall be deemed commercially reasonable. You should have security procedures in place to mitigate the threat of Account Takeovers. Internet Banking is accessed through the Internet which is a public system over which we have no control. It is therefore your duty to ensure any computer, computer network, device, equipment or communication system (collectively “Equipment”) which you or your Delegates use to access Internet Banking is free from and adequately protected against viruses and other destructive or disruptive components. In particular you shall ensure anti-virus, anti-spyware and firewall software (“Security Software”) are installed in the Equipment which you or your delegates use to access Internet Banking and that these Security Software are regularly updated with security patches and new version as issued or recommended from time to time by the suppliers of such Equipment.
Commercially Reasonable Procedures. You further represent that you have carefully considered the circumstances of your use of the Services and the transactions that you will effect through the Services, and you acknowledge and agree that the Security Procedures, including without limitation any Security Credentials used in connection therewith, constitute commercially reasonable security procedures under applicable law for such transactions. We reserve the right to modify, amend, supplement, or cancel any Security Procedures, at any time and from time to time at our discretion. We will try to give you reasonable notice of any change in Security Procedures, but we may make any change in Security Procedures without advance notice to you if we, in our judgment and discretion, believe such change to be necessary or desirable to protect the security of our systems and assets. Your use of any changed Security Procedures shall constitute your agreement to the change and your agreement that the Security Procedures, as changed, are commercially reasonable and adequate for the purposes intended.
Commercially Reasonable Procedures. Bank and Company expressly agree that the Security Procedures set forth in this Agreement are and shall be deemed commercially reasonable. You should have security procedures in place to mitigate the threat of Account Takeovers. Internet Banking Services are accessed through the Internet which is a public system over which we have no control. It is therefore your duty to ensure any computer, computer network, device, equipment or communication system (collectively “Equipment”) which you or your delegates use to access the Internet Banking Services is free from and adequately protected against viruses and other destructive or disruptive components. In particular you shall ensure anti-virus, anti-spyware and firewall software (“Security Software”) are installed in the Equipment which you or your delegates use to access the Internet Banking Services and that these Security Software are regularly updated with security patches and new version as issued or recommended from time to time by the suppliers of such Equipment. You should establish, implement, and periodically update security policies and procedures to ensure the confidentiality and integrity of Protected Information; protect against anticipated threats or hazards to the security of Protected Information; protect against unauthorized use of Protected Information. If you select certain security procedures to use in connection with the Internet Banking Services and those security procedures provide less protection against unauthorized transactions or activity than the Security Procedures offered by Bank, you are deeming those security procedures selected by you to be commercially reasonable, and, as such, you will indemnify Bank against any losses arising out of such election.
Commercially Reasonable Procedures. If the size, type or frequency of payment orders made by you change such that the Security Procedures in use by you no longer provide a commercially reasonable method of providing security against unauthorized payment orders, you agree to immediately notify us.
Commercially Reasonable Procedures a. Before sending a wire transfer request to Bank, Company agrees to review the Security Procedures and determine whether the Security Procedures will provide a commercially reasonable method for verifying whether a wire transfer request is unauthorized. As part of the review, Company will consider the size, type, and frequency of wire transfer requests Company makes or anticipates making, along with such other factors as Company may deem relevant or appropriate. Company agrees that the Security Procedures offered by Bank are commercially reasonable. If the size, type, frequency and/or amount of transactions made by you change, such that the Security Procedures in use by you no longer provide a commercially reasonable method of providing security against unauthorized payment orders, you agree to immediately notify us. Company understands and acknowledges that if Bank acts on a wire transfer request in compliance with the Security Procedures, then Company will be obligated on the wire transfer, and it will be treated as your wire request, whether or not authorized by you. Regardless of whether or not Bank complied with the Security Procedures (or if any loss would have been prevented) a wire transfer request received by us directly or indirectly from an authorized representative will be treated as authorized by Company.
Commercially Reasonable Procedures. If the size, type or frequency of payment orders made by you change such that the Security Procedures in use by you no longer provide
Commercially Reasonable Procedures. If the size, type or frequency of Communications made by Company changes such that the Security Procedure in use by Company no longer provide a commercially reasonable method of providing security against unauthorized Communications, Company shall promptly notify Bank. Company agrees that Bank will use the Security Procedures to verify the authenticity of Communications, but that the Security Procedures are not designed to and are not used for the purpose of detecting errors.

Related to Commercially Reasonable Procedures

  • Recall Procedures ‌ A. Eligibility to be recalled from layoff and employment shall terminate after fourteen (14) months. Employees shall be recalled from layoff based on seniority in the following order: 1. Employees shall be recalled to the position from which they were laid off starting within the employee’s Department; or, 2. Employees shall be recalled to other positions within the position series from which they were laid off starting with the employee’s Department and then other Departments, provided the employee possesses the qualifications, performance record, aptitude, and ability to perform the work; or 3. Employees shall be recalled to other positions the employee previously held, provided the employee completed probation in that position starting with the employee’s Department and then other Departments, and provided the employee possesses the qualifications, performance record, aptitude, and ability to perform the work. 4. Employees shall be recalled from layoff into vacant County positions not previously held provided: 1) The employee possesses the qualifications, performance record, aptitude, ability to perform the work, and the ability to meet the minimum requirements for the position as defined in the job description; and 2) The employee specifies in writing to the Human Resources Office, within thirty (30) days of the date of layoff, the position(s) they want to be considered for recall. B. Employees on layoff who have been offered recall, and who have voluntarily refused such recall, shall be removed from the recall list and their employment shall be terminated. A form provided by the Human Resources Office signed by the employee shall document this recall refusal. C. When necessary, the Human Resources Director shall determine the recalled employee’s qualifications, performance record, aptitude, and ability to perform the work through discussions with the applicable Supervisor and a meeting with the employee. The employee shall be notified of the right to have a representative of his or her choosing present. If there is a disagreement over the County not allowing the employee to exercise recall rights, the Human Resources Director shall document this disagreement. D. After finding out more information about a specific job(s), a recalled employee may decide their overall qualifications, aptitude and ability are not compatible with the requirements of the job and may request to remain on the County recall list rather than pursue recall to the available position. Authorization to remain on layoff status, and return to the recall list after declining recall, must be mutually agreed upon. A form produced by the Human Resources Office and signed by the employee shall document this process. E. Laid off employees shall report to work on the date specified in the notice of recall, such date shall be not less than fourteen (14) days from the date of the notice unless mutually agreed upon.

  • Reply Procedures In connection with any Auction, each Lender holding the relevant Term Loans subject to such Auction may, in its sole discretion, participate in such Auction and may provide the Auction Agent with a notice of participation (the “Return Bid”) which shall be in a form reasonably acceptable to the Auction Agent, and shall specify (i) a discount to par (that must be expressed as a price at which it is willing to sell all or any portion of such Term Loans) (the “Reply Price”), which (when expressed as a percentage of the par principal amount of such Term Loans) must be within the Discount Range and (ii) a principal amount of such Term Loans, which must be in whole increments of $1,000,000 (or, in any case, such lesser amount of such Term Loans of such Lender then outstanding or which is otherwise reasonably acceptable to the Auction Agent) (the “Reply Amount”). Lenders may only submit one Return Bid per Auction, but each Return Bid may contain up to three bids only one of which may result in a Qualifying Bid. In addition to the Return Bid, the participating Lender must execute and deliver, to be held in escrow by the Auction Agent, an Assignment and Assumption with the dollar amount of the Term Loans to be assigned to be left in blank, which amount shall be completed by the Auction Agent in accordance with the final determination of such Lender’s Qualifying Bid pursuant to clause (c) below. Any Lender whose Return Bid is not received by the Auction Agent by the Auction Response Date shall be deemed to have declined to participate in the relevant Auction with respect to all of its Term Loans.

  • Compliance Procedures The Adviser will, in accordance with Rule 206(4)-7 of the Advisers Act, adopt and implement written policies and procedures reasonably designed to prevent violations of the Advisers Act and will provide the Trust with copies of such written policies and procedures upon request.

  • Medical Procedures 21.01 The Board shall distribute a copy of its Operating Procedures for administration of prescribed medication to pupils in schools and Procedures for health support services to each Teacher. 21.02 In accordance with Operating Procedure Special Education Services 8, a Teacher may refuse without prejudice a request to administer medications except in life-threatening situations.

  • DISCIPLINE PROCEDURES The Employer agrees to provide the employee with written notification of a disciplinary document that is to be made a part of the employee’s personnel file. In instances where the Employer desires to conduct an investigatory interview with an employee, the employee shall be entitled upon request to have an Association representative present at the interview. A copy of all disciplinary actions involving suspension or discharge will also be provided to the Association, unless the employee requests that the matter be kept confidential.