Common use of Conflicting Demands/Disputes Clause in Contracts

Conflicting Demands/Disputes. If there is a conflict among your officers, Contracting Officers, Authorized Signers or other persons purporting to have rights to represent you or to sign on an account, we reserve the right (but are not obligated to) require all such persons to sign a check or approve an instruction or otherwise agree upon and provide consistent instructions. In addition, if there is any uncertainty regarding the ownership or control of an account or its funds, there are conflicting demands over its ownership or control, there is a conflict among signers, we are unable to determine any person’s authority to give us instructions, we are requested by a federal, state or local agency to freeze the account or reject a transaction or we believe a transaction may be fraudulent, violate any law or pose an unacceptable risk to us, we are authorized, at our sole discretion, to freeze your funds and to do some or all of the following at our sole discretion: (i) freeze the account and refuse transactions until we receive written proof (in form and substance satisfactory to us) of a person’s right and authority over the account and its funds; (ii) refuse deposits or withdrawals or other instructions and transactions and to return checks with the notation “Refer to Maker” (or similar language); (iii) require the signatures of all Contracting Officers, Authorized Signers or other signers on the account for the withdrawal of funds, the closing of an account or any change in the account regardless of the number of persons on the account; (iv) freeze your funds and request instructions from a court of competent jurisdiction at your expense regarding the account or transaction; (v) bring an action in interpleader for a court to determine ownership of disputed funds without liability to you for damages, even if the interpleader action is refused as unavailable, and charge the account for our interpleader costs and fees (including attorneys’ fees); and/or (vi) continue to honor checks, Orders and other instructions given to us by persons who appear to be authorized to transact on the accounts on your behalf according to our records. The existence of the rights set forth above shall not impose an obligation on us to assert such rights or to deny a transaction. You assume all liability for, and you agree to indemnify, defend and hold us harmless from any and all proceedings, losses, damages, liabilities, claims, demands, costs or expenses (including attorneys’ fees and costs) incurred by us as a result of any instructions or transactions authorized by any person shown in our records as being authorized to transact on the account.

Appears in 2 contracts

Samples: Deposit Agreement, Deposit Agreement and Disclosure Statement

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Conflicting Demands/Disputes. If there is a conflict among your officers, Contracting Officers, Authorized Signers or other persons purporting to have rights to represent you or to sign on an account, we reserve the right (but are not obligated toi) require all such persons to sign a check or approve an instruction or otherwise agree upon and provide consistent instructions. In addition, if there is any uncertainty regarding the ownership or control of an account or its funds, (ii) there are conflicting demands over its ownership or control, there is a conflict among signers, (iii) we are unable to determine any person’s authority to give us instructionsinstructions regarding the account, (iv) we are requested by a federalAdult Protective Services, law enforcement, or any similar state or local agency to freeze the account or reject a transaction due to the suspected financial abuse of an elder or dependent adult, or (v) we believe a transaction may be fraudulent, fraudulent or may violate any law or pose an unacceptable risk to uslaw, we are authorized, at our sole discretion, to freeze your funds and to do some or all of the following may at our sole discretion: (i1) freeze the account and refuse transactions until we receive written proof (proof, in form and substance satisfactory to us) , of a each person’s right and authority over the account and its funds; (ii) refuse deposits or withdrawals or other instructions and transactions and to return checks with the notation “Refer to Maker” (or similar language); (iii2) require the signatures of all Contracting Officers, Authorized Signers or other signers on the account of you for the withdrawal of funds, the closing of an account account, or any change in the account regardless of the number of persons authorized signers on the account; (iv3) freeze your funds and request instructions from a court of competent jurisdiction at your expense regarding the account ownership or transactioncontrol of the account; (v) bring an action in interpleader for a court to determine ownership of disputed funds without liability to you for damages, even if the interpleader action is refused as unavailable, and charge the account for our interpleader costs and fees (including attorneys’ fees); and/or (vi4) continue to honor checks, Orders items and other instructions given to us by persons the individuals who appear to be as authorized to transact on the accounts on your behalf signers according to our records; and/or (5) require a bond indemnifying us from any and all loss, liability, damages, costs and expenses for and on account of the payment of an adverse claim, dishonor of an item or the execution of any other order by any adverse claimant or you. In no event will we be liable for any delay or refusal to follow instructions that occurs as a result of a dispute or uncertainty over the ownership or control of your account. We may return checks and other items, marked “Refer to Maker” (or similar language), in the event there is a dispute or uncertainty over an account’s ownership or control. The existence of the rights set forth above shall not impose an obligation on us to assert such rights or to deny a transaction. You assume all liability for, Consent to Gather Information. Each of you authorizes us to obtain information from time to time regarding your credit history from credit reporting agencies and you agree to indemnify, defend and hold us harmless from any and all proceedings, losses, damages, liabilities, claims, demands, costs or expenses (including attorneys’ fees and costs) incurred by us as a result of any instructions or transactions authorized by any person shown in our records as being authorized to transact on the accountother third parties.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

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Conflicting Demands/Disputes. If there is a conflict among your officers, Contracting Officers, Authorized Signers or other persons purporting to have rights to represent you or to sign on an account, we reserve the right (but are not obligated to) require all such persons to sign a check or approve an instruction or otherwise agree upon and provide consistent instructions. In addition, if there is any uncertainty regarding the ownership or control of an account Account or its funds, there are conflicting demands over its ownership or control, there is a conflict among signers, we Stash or the Bank are unable to determine any person’s authority to give us instructions, we Stash or the Bank are requested by a federal, Adult Protective Services or any similar state or local agency to freeze restrict the account Account or reject a transaction due to the suspected financial abuse of an elder or we dependent adult, or either Stash or the Bank believe a transaction may be fraudulent, fraudulent or may violate any law or pose an unacceptable risk to uslaw, we are authorizedmay, at our sole discretion, to freeze your funds and to do some or all of the following at our sole discretion: (i) freeze restrict the account Account and refuse transactions until we receive written proof is obtained (satisfactory in form and substance satisfactory to ussubstance) of a each person’s right and authority over the account Account and its funds; (ii) refuse deposits or withdrawals or other instructions and transactions and to return checks with the notation “Refer to Maker” (or similar language)transactions; (iii) require the signatures of all Contracting Officers, Authorized Signers or other signers on the account authorized signer for the withdrawal of funds, the closing of an account Account, or any change in the account regardless of the number of persons on the accountAccount ; (iv) freeze your funds and request instructions from a court of competent jurisdiction at your expense regarding the account Account or transaction; and/or (v) bring an action in interpleader for a court to determine ownership of disputed funds without liability to you for damages, even if the interpleader action is refused as unavailable, and charge the account for our interpleader costs and fees (including attorneys’ fees); and/or (vi) continue to honor checks, Orders transactions and other instructions given to us provided by persons the person who appear to be appears as the authorized to transact on the accounts on your behalf signer according to our Account records. The existence of the rights set forth above shall not impose an obligation on us either Stash or the Bank to assert such rights or to deny a transaction. Debit Card You assume all liability forwill be issued a Stash Stock-Back® Debit Mastercard® by Stride Bank when you fund your Account with a minimum amount of one dollar. With your PIN, you may use your debit card to obtain cash from your Account at any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the Mastercard, Allpoint®, or Pulse® Acceptance Marks. All ATM transactions are treated as cash withdrawal transactions. You may also use your card to purchase goods and you agree to indemnify, defend and hold us harmless from any and all proceedings, losses, damages, liabilities, claims, demands, costs or expenses (including attorneys’ fees and costs) incurred by us as a result of any instructions or transactions authorized by any person shown in our records as being authorized to transact on the accountservices anywhere Mastercard debit cards are accepted.

Appears in 1 contract

Samples: Deposit Account Agreement

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