Common use of Excusable Nonperformance Clause in Contracts

Excusable Nonperformance. The obligation of Bank hereunder shall be suspended to the extent Bank is hindered or prevented from complying therewith because of labor disturbances (including strikes or lockouts), war, acts of God, fires, storms, accidents, terrorism, equipment failures, governmental regulations, failure in processing systems, interruption of transmission or communication facilities, or any other cause whatsoever including operator error. In addition, Bank shall be excused from failing to transmit or any delay in transmitting an entry if such transmittal would result in Bank having exceeded any limitation upon its intra-day net funds position established pursuant to present or future Federal Reserve guidelines or otherwise be in violation of any provision of any present or future risk control program of the Federal Reserve, the FDIC or the ACH Credit Policy established by Bank from time to time, or any rule or regulation of any other U.S. Governmental regulatory authority.