Common use of Legal Process Clause in Contracts

Legal Process. If the Bank receives a claim against funds in your account or a third party dispute involving your account or concerning your account, such as a subpoena, restraining order, court order, administrative order, tax levy, execution, garnishment, writ of attachment, adverse claim, warrant, document discovery demand, or other compulsory legal process that we believe (correctly or otherwise) to be valid, or we know of or believe that there is a dispute over the ownership or control of funds in your account, we may place a hold on your account. We may notify you of the service of legal process in writing or by telephone, as permitted by law. A legal processing fee will be assessed to your account. You shall be liable for and shall pay to us, in addition to any other liability which may be established in such action, all of our court costs, document reproduction expenses, travel expenses, lost time of Bank's personnel due to appearing at any hearing, trial, deposition, or other legal proceeding and any other related expenses arising out of or related to any action or proceeding, and reasonable attorneys' fees in the prosecution or defense of such action. Such attorneys' fees shall include, in addition to fees incurred directly in such action or proceeding, any reasonable attorneys' fees incurred, before or after the commencement of such action or proceeding, and any expenses customarily billed by such attorneys. If we are not fully reimbursed for our time in researching our account records, photocopying, handling costs, and other expenses incurred by us by the party that served the legal process, we may charge such costs to your account, in addition to our standard legal processing fee. We may restrict the use of your account when we consider such action necessary to avoid a loss, or until we are satisfied that the dispute is settled. We may also close the account and send the balance to the accountholder of record, decide to rely on our current account records, require a court order to act, or take any other actions that we feel will protect us. We will not be liable to you for taking any such action. If we receive a levy, attachment, or other court process against you or another owner of the account, we may refuse to permit withdrawals or transfers from your account until the legal action is dismissed or satisfied. Any levy, attachment, or other court process is subject to our rights of lien and set off. You are responsible for any losses, costs, or expenses that we incur as a result of any dispute or legal proceeding involving your account.

Appears in 7 contracts

Samples: Account Agreement and Disclosures, Account Agreement and Disclosures, Account Agreement and Disclosures

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Legal Process. If the Bank receives a claim against funds in your account Regardless of where or a third party dispute involving your account how we are served, we may comply with any state or concerning your accountfederal legal process, such as a subpoenaincluding, restraining orderwithout limitation, court order, administrative order, tax levy, execution, garnishment, any writ of attachment, adverse claim, warrantexecution, document discovery demandgarnishment, tax levy, restraining order, subpoena or other compulsory warrant relating to you or your Account which we believe to be valid. You agree that we may honor legal process that we believe (correctly or otherwise) to be validis served personally, by mail, or by facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your Account or records are maintained. You agree that we know of or believe will have no liability to you for honoring any such legal process. You also agree that there is a dispute over the ownership or control of funds in your account, we may place a hold will have no obligation to assert on your account. We may notify you of the service of legal process in writing behalf any applicable exemptions to execution or by telephone, as permitted by attachment under any applicable state or federal law. A legal processing fee will be assessed to your account. You shall be liable for and shall pay to us, in addition to any other liability which may be established in such action, all of our court costs, document reproduction expenses, travel expenses, lost time of Bank's personnel due to appearing at any hearing, trial, deposition, or other legal proceeding and any other related expenses arising out of or related to any action or proceeding, and reasonable attorneys' fees in the prosecution or defense of such action. Such attorneys' fees shall include, in addition to fees incurred directly in such action or proceeding, any reasonable attorneys' fees incurred, before or after the commencement of such action or proceeding, and any expenses customarily billed by such attorneys. If we are not fully reimbursed for our time in researching our account records, photocopying, handling costs, and other expenses incurred by us by the party that served the legal process, we may charge such costs to your account, in addition to our standard legal processing fee. We may restrict the use of your account when we consider such action necessary to avoid a loss, or until we are satisfied that the dispute is settled. We may also close the account and send the balance to the accountholder of record, decide to rely on our current account records, require a court order to act, or take any other actions that we feel will protect us. We will not be liable also have and may enforce a right of setoff and security interest against any of your Accounts in order to you reimburse us for taking any such actionour fees and expenses, including attorneys’fees, court costs and expenses, in complying with legal process. If we receive a levy, attachment, or other court process against you or another owner of the account, we We may refuse to permit withdrawals or transfers from your Account until such legal process is satisfied or dismissed even if such action results in insufficient funds to satisfy an obligation you may have incurred. Upon receipt of any legal process, you will be liable to us for our processing fee, and reimbursement for our record research, reproduction and handling costs. We may deduct such fee, as well as any expenses, including, without limitation, attorneys’fees in connection with any such document or legal process, from your Account or any other account until the legal action is dismissed or satisfied. Any levy, attachmentyou may have with us without prior notice to you, or other court process is subject to our rights of lien we may xxxx you directly for such expenses and set offfees. You are responsible for any agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costscosts and damages including, or expenses that without limitation, attorneys’fees, associated with our compliance with any legal process we incur believe to be valid. When we receive an order instructing us to restrict access to funds in an Account, we may remove the funds from the Account and maintain them separately. Unless required by applicable law, these funds will not earn interest and will not be considered as a result part of any dispute or legal proceeding involving your accountcombined balances when we determine Account fees and rates.

Appears in 3 contracts

Samples: www.paypal-prepaid.com, brinksprepaidmastercard.com, brinksprepaidmastercard.com

Legal Process. If the Bank receives a claim against funds in your account or a third party dispute involving your account or concerning your account, such as a subpoena, restraining order, court order, administrative order, tax levy, execution, garnishment, writ of attachment, adverse claim, warrant, document discovery demand, or other compulsory legal process that we believe (correctly or otherwise) to be valid, or we know of or believe that there is a dispute over the ownership or control of funds in your account, we may place a hold on your account. We may notify you of the service of legal process in writing or by telephone, as permitted by law. A legal processing fee will be assessed to your account. You shall be liable for and shall pay to us, in addition to any other liability which may be established in such action, all of our court costs, document reproduction expenses, travel expenses, lost time of Bank's personnel due to appearing at any hearing, trial, deposition, or other legal proceeding and any other related expenses arising out of or related to any action or proceeding, and reasonable attorneys' fees in the prosecution or defense of such action. Such attorneys' fees shall include, in addition to fees incurred directly in such action or proceeding, any reasonable attorneys' fees incurred, before or after the commencement of such action or proceeding, and any expenses customarily billed by such attorneys. If we are not fully reimbursed for our time in researching our account records, photocopying, handling costs, and other expenses incurred by us by the party that served the legal process, we may charge such costs to your account, in addition to our standard legal processing fee. We may restrict the use of your account when we consider such action necessary to avoid a loss, or until we are satisfied that the dispute is settled. We may also close the account and send the balance to the accountholder of record, decide to rely on our current account records, require a court order to act, or take any other actions that we feel will protect us. We will not be liable to you for taking any such action. If we receive a levy, attachment, or other court process against you or another owner of the account, we may refuse to permit withdrawals or transfers from your account until the legal action is dismissed or satisfied. Any levy, attachment, or other court process is subject to our rights of lien and set off. You are responsible for any losses, costs, or expenses that we incur as a result of any dispute or legal proceeding involving your account.

Appears in 2 contracts

Samples: Account Agreement and Disclosures, Account Agreement and Disclosures

Legal Process. If the Bank receives a claim against funds in your account or a third party dispute involving your account or concerning we are served with any legal process relating to your account, such as a subpoenawe must comply with the instructions of the legal process with which we are served. Regardless of where or how we are served, restraining orderwe may comply with any state or federal legal process, court orderincluding, administrative orderwithout limitation, tax levy, execution, garnishment, any writ of attachment, adverse claim, warrantexecution, document discovery demandgarnishment, tax levy, restraining order, subpoena or other compulsory warrant relating to you or your account which we believe to be valid. You agree that we may honor legal process that is served personally, by mail or by facsimile transmission at any of our offices, even if the law requires personal delivery at the office where your account or records are maintained. You agree that we believe (correctly will have no liability to you for honoring any such legal process. Any garnishment or otherwise) levy against your account is subject to be valid, or we know our right of or believe that there is a dispute over set off against the ownership or control of funds in your account, we may place a hold on your account. We will also have and may notify you enforce a right of the service setoff and security interest against any of legal process your accounts in writing or by telephoneorder to reimburse us for our fees and expenses, as permitted by law. A legal processing fee will be assessed to your account. You shall be liable for including attorney’s fees, court costs and shall pay to usexpenses, in addition to any other liability which may be established in such action, all of our court costs, document reproduction expenses, travel expenses, lost time of Bank's personnel due to appearing at any hearing, trial, deposition, or other legal proceeding and any other related expenses arising out of or related to any action or proceeding, and reasonable attorneys' fees in the prosecution or defense of such action. Such attorneys' fees shall include, in addition to fees incurred directly in such action or proceeding, any reasonable attorneys' fees incurred, before or after the commencement of such action or proceeding, and any expenses customarily billed by such attorneys. If we are not fully reimbursed for our time in researching our account records, photocopying, handling costs, and other expenses incurred by us by the party that served complying with the legal process, we may charge such costs to your account, in addition to our standard legal processing fee. We may restrict comply with the use process we deem appropriate even if it appears to affect the interest of your account when we consider such action necessary to avoid only one owner of a loss, or until we are satisfied that the dispute is settledjoint account. We may also close the account and send the balance to the accountholder of record, decide to rely on our current account records, require a court order to act, or take any other actions that we feel will protect us. We will not be liable to you for taking any such action. If we receive a levy, attachment, or other court process against you or another owner of the account, we may refuse to permit withdrawals or transfers from your account until such legal process is satisfied or dismissed even if such action results in insufficient funds to pay a check you have written or otherwise satisfy an obligation you may have incurred. We may notify you of such process by telephone, electronically or in writing at the last address or telephone number we have in our records for you unless we are prohibited by law or court order from doing so. Accounts opened with trust or fiduciary designations may be subject to legal action is dismissed process unless our records contain an expressly written trust or satisfiedcourt order that provides otherwise. Any levyUpon receipt of any legal process, attachmentyou will be liable to us for our processing fee, and reimbursement for our record research, reproduction and handling costs. We may deduct such fee, as well as any expenses, including, without limitation, attorneys’ fees in connection with any such document or legal process, from your account or any other account you may have with us without prior notice to you, or other court process is subject to our rights of lien we may bill you directly for such expenses and set offfees. You are responsible for any agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costscosts and damages including, or expenses without limitation, attorneys’ fees, associated with our compliance with any legal process we believe to be valid. You agree that we incur shall not be liable for indirect, special or consequential damages regardless of the form of action and even if we have been advised of the possibility of such damages. When we receive an order instructing us to restrict access to funds in an account, we may remove the funds from the account and maintain them separately. These funds will not earn interest and will not be considered as a result part of any dispute your combined balances when we determine account fees and rates. We may notify you of such process by telephone, electronically or legal proceeding involving your accountin writing at the last address or telephone number we have in our records for you unless we are prohibited by law or court order from doing so.

Appears in 2 contracts

Samples: www.shbamerica.com, shbamerica.com

Legal Process. If the Bank receives a claim against funds in your account or a third party dispute involving your account or concerning We may comply with any legal process relating to your account, such as including a subpoenalevy, restraining order, court order, administrative order, tax levyattachment, execution, garnishment, writ of attachmentwithholding order, adverse claimrestraining order, subpoena, warrant, document discovery demandgovernment agency request for information, forfeiture or seizure, or other compulsory legal process that which we believe (correctly or otherwise) to be valid. If we are required under the legal process to turn over funds, records or we know of other property or believe that there is a dispute over the ownership or control of funds in your accountinformation, we may place deliver such property or information immediately or hold it for a hold on your account. We may notify you of the service of legal process in writing or by telephone, longer period as permitted by law. A legal processing fee will be assessed We may also freeze the funds or the account to your accountallow us to determine the appropriate course of action. You shall be liable for and shall pay to usUnless required by law, in addition to any other liability which may be established in such actionwe may, all of our court costsbut are not required to, document reproduction expenses, travel expenses, lost time of Bank's personnel due to appearing at any hearing, trial, deposition, or other legal proceeding and any other related expenses arising out of or related to any action or proceeding, and reasonable attorneys' fees in the prosecution or defense notify you of such action. Such attorneys' fees shall includelegal process by telephone, electronically or in addition to fees incurred directly in such action or proceeding, any reasonable attorneys' fees incurred, before or after the commencement of such action or proceeding, and any expenses customarily billed by such attorneyswriting. If we are not fully reimbursed for our time in researching our account recordsresearch, photocopying, handling costs, and other expenses incurred by us costs (including attorneys’ fees) associated with responding to the legal process by the party that served the legal processit, you agree that we may charge deduct such costs to from any of your accountaccounts, in addition to our standard legal processing process fee. We may restrict Any legal process against an account of yours is subject to our right of offset and any security interest we have in the use of your account when we consider such action necessary to avoid a loss, or until we are satisfied that the dispute is settled. We may also close the account and send the balance to the accountholder of record, decide to rely on our current account records, require a court order to act, or take any other actions that we feel will protect usaccount. We will not be liable provide notice to you if we believe the law prohibits us from doing so. We may charge your account a fee for taking each legal process served on us relating to your account. If we are not fully reimbursed for our research, photocopying, handling and other costs (including attorneys’ fees) associated with responding to the legal process by the party that served it, you agree that we may deduct such costs from any of your accounts, in addition to our legal process fee. Any legal process against an account of yours is subject to our right of offset and any security interest we have in the account. We are not obligated to pay interest on any funds we deliver or set aside in response to legal process. You agree that we may honor legal process that is served personally, by mail, by electronic notification (such actionas email or facsimile transmission or other means) at any of our branches or business offices (including locations other than where the funds, records or other property or information sought are held), even if the law requires personal delivery at the branch or office where your account or records are maintained. You acknowledge that accounts opened with trust or fiduciary designations (e.g., “XYZ, Inc. – Client Trust Account”) may be subject to a legal process. Our compliance with a legal process may result in the return of checks or other items drawn on your account unpaid. We have established a legal process cut-off time, which affects our obligations to pay or return checks and other items. If we receive a levy, attachment, or other court legal process against you or another owner of the accountbefore our legal process cut-off time, we may refuse to permit withdrawals or transfers from review checks and other items presented for payment against your account until on the previous Business Day to determine whether we are required to return any of them unpaid to comply with the terms of the legal action is dismissed process. If we receive legal process after the cut-off time, we may or satisfied. Any levy, attachment, or may not review checks and other court process is subject to our rights of lien and set off. You are responsible for any losses, costs, or expenses that we incur as a result of any dispute or legal proceeding involving your accountitems presented the previous Business Day.

Appears in 2 contracts

Samples: Deposit Agreement, Deposit Agreement and Disclosure Statement

Legal Process. If the Bank receives a claim against funds in your account Regardless of where or a third party dispute involving your account how we are served, we will comply with any state or concerning your accountfederal legal process, such as a subpoenaincluding, restraining orderwithout limitation, court order, administrative order, tax levy, execution, garnishment, any writ of attachment, adverse claim, warrantexecution, document discovery demandgarnishment, tax levy, restraining order, subpoena or other compulsory warrant we believe to be valid relating to you or your Card. You agree that we will honor legal process that we believe (correctly or otherwise) to be validis served personally, by mail, or by facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your Card account records are maintained. You agree that we know of or believe will have no liability to you for honoring any such legal process. You also agree that there is a dispute over the ownership or control of funds in your account, we may place a hold will have no obligation to assert on your account. We may notify you of the service of legal process in writing behalf any applicable exemptions to execution or by telephone, as permitted by attachment under any applicable state or federal law. A legal processing fee will be assessed to your account. You shall be liable for and shall pay to us, in addition to any other liability which may be established in such action, all of our court costs, document reproduction expenses, travel expenses, lost time of Bank's personnel due to appearing at any hearing, trial, deposition, or other legal proceeding and any other related expenses arising out of or related to any action or proceeding, and reasonable attorneys' fees in the prosecution or defense of such action. Such attorneys' fees shall include, in addition to fees incurred directly in such action or proceeding, any reasonable attorneys' fees incurred, before or after the commencement of such action or proceeding, and any expenses customarily billed by such attorneys. If we are not fully reimbursed for our time in researching our account records, photocopying, handling costs, and other expenses incurred by us by the party that served the legal process, we may charge such costs to your account, in addition to our standard legal processing fee. We may restrict the use of your account when we consider such action necessary to avoid a loss, or until we are satisfied that the dispute is settled. We may also close the account and send the balance to the accountholder of record, decide to rely on our current account records, require a court order to act, or take any other actions that we feel will protect us. We will not be liable enforce a right of security interest against any of your Card accounts in order to you reimburse us for taking any such actionour fees and expenses, including attorneys’ fees, court costs and expenses, in complying with legal process. If we receive a levy, attachment, or other court process against you or another owner of the account, we We may refuse to permit withdrawals or transfers from your account until the such legal process is satisfied or dismissed, even if such action is dismissed results in insufficient funds to satisfy an obligation you may have incurred. We may deduct such expenses from your Card account or satisfied. Any levy, attachmentany other account you may have with us without prior notice to you, or other court process is subject to our rights of lien we may bill you directly for such expenses and set offfees. You are responsible for any agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costscosts and damages including, or expenses that without limitation, attorneys’ fees, associated with our compliance with any legal process. When we incur as receive an order instructing us to restrict access to funds in a result of any dispute or legal proceeding involving your Card account, we may remove the funds from the account and maintain them separately.

Appears in 2 contracts

Samples: Cardholder Agreement, Cardholder Agreement

Legal Process. If the Bank receives a claim against funds in your account or a third party dispute involving your account or concerning your account, such as a subpoena, restraining order, court order, administrative order, tax levyYou understand and agree that we must comply if we are served with any notice of attachment, execution, garnishment, writ of attachmenttax levy, adverse claimrestraining order, subpoena, warrant, document discovery demand, or other compulsory legal process that we believe (correctly or otherwise) to be valid, or we know of or believe that there is a dispute over the ownership or control of funds in your account, we may place a hold on your account. We may notify you of the service of legal process in writing or by telephone, as permitted by law. A legal processing fee will be assessed to your account. You shall be liable for and shall pay to us, in addition to any other liability which may be established in such action, all of our court costs, document reproduction expenses, travel expenses, lost time of Bank's personnel due to appearing at any hearing, trial, deposition, or other legal proceeding and any other related expenses arising out of process relating to your account which we know or related otherwise believe in good faith to any action or proceeding, and reasonable attorneys' fees in the prosecution or defense of such action. Such attorneys' fees shall include, in addition to fees incurred directly in such action or proceeding, any reasonable attorneys' fees incurred, before or after the commencement of such action or proceeding, and any expenses customarily billed by such attorneysbe valid. If we are not fully reimbursed for our time in researching our account recordsany legal action, photocopying, handling costs, and other expenses incurred by us by the party that served the legal process, we may charge such costs to your account, in addition to our standard legal processing fee. We may restrict the use of your account when we consider such action necessary to avoid a loss, or until we are satisfied that the dispute is settled. We may also close the account and send the balance to the accountholder of record, decide to rely on our current account records, require a court order to act, or take any other actions that we feel will protect us. We will not be liable to you for taking any such action. If we receive as a levy, garnishment, attachment, or other court legal process is brought against you or another owner of the your account, we Logix may refuse to permit withdrawals pay out any money from any account you maintain with us until the dispute is resolved. If we incur any expenses or transfers from attorneys' fees in responding to legal process, such expenses may be charged against your account until the legal action is dismissed or satisfiedwithout prior notice to you, unless prohibited by law. Any levy, attachment, or other court legal process against your account is subject to our rights of statutory lien and security interest on all accounts. Logix complies with subpoenas for documentation as required by State and/or Federal law. You direct us not to contest any such notice of legal process and understand that we are under no obligation to notify you of the legal process and will not notify you if prohibited by law. Funds we hold or set offaside in response to legal process will not earn dividends. You agree to indemnify, defend, and hold us harmless from all actions, claims, liabilities, losses, costs, and damages (including attorneys’ fees and expenses) associated with our compliance with any process that we believe to be valid. Refer to the Fee Schedule for Business Accounts for the amount of this fee. YOUR MONITORING RESPONSIBILITIES You are responsible for monitoring your business account(s), safeguarding checks, supervising employees and other persons authorized to conduct business on your account(s), reviewing all statements and other information we send you regarding your account(s), and immediately reporting to us any losses, costs, suspicious activity. We will be responsible for unauthorized activity on your accounts only if it results from our negligence or expenses that we incur as a intentional act or omission in handling your transactions. If unauthorized activity on your account(s) is the result of actions of employees, officers, directors or other agents of your business, you agree that you will first look to any dispute faithful performance bonds or legal proceeding involving similar insurance coverage you maintain to cover losses resulting from unauthorized activity on your accountaccount(s). Our liability for any unauthorized activity that results from our negligence will be reduced by any amount you are able to recover from your own insurance company.

Appears in 1 contract

Samples: Business Accounts Agreement

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Legal Process. If the Bank receives a claim against funds in your account Regardless of where or a third party dispute involving your account how we are served, we will comply with any state or concerning your accountfederal legal process, such as a subpoenaincluding, restraining orderwithout limitation, court order, administrative order, tax levy, execution, garnishment, any writ of attachment, adverse claim, warrantexecution, document discovery demandgarnishment, tax levy, restraining order, subpoena or other compulsory warrant we believe to be valid relating to you or your Card. You agree that we will honor legal process that we believe (correctly or otherwise) to be validis served personally, by mail, or by facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your Card account records are maintained. You agree that we know of or believe will have no liability to you for honoring any such legal process. You also agree that there is a dispute over the ownership or control of funds in your account, we may place a hold will have no obligation to assert on your account. We may notify you of the service of legal process in writing behalf any applicable exemptions to execution or by telephone, as permitted by attachment under any applicable state or federal law. A legal processing fee will be assessed to your account. You shall be liable for and shall pay to us, in addition to any other liability which may be established in such action, all of our court costs, document reproduction expenses, travel expenses, lost time of Bank's personnel due to appearing at any hearing, trial, deposition, or other legal proceeding and any other related expenses arising out of or related to any action or proceeding, and reasonable attorneys' fees in the prosecution or defense of such action. Such attorneys' fees shall include, in addition to fees incurred directly in such action or proceeding, any reasonable attorneys' fees incurred, before or after the commencement of such action or proceeding, and any expenses customarily billed by such attorneys. If we are not fully reimbursed for our time in researching our account records, photocopying, handling costs, and other expenses incurred by us by the party that served the legal process, we may charge such costs to your account, in addition to our standard legal processing fee. We may restrict the use of your account when we consider such action necessary to avoid a loss, or until we are satisfied that the dispute is settled. We may also close the account and send the balance to the accountholder of record, decide to rely on our current account records, require a court order to act, or take any other actions that we feel will protect us. We will not be liable enforce a right of security interest against any of your Card accounts in order to you reimburse us for taking any such actionour fees and expenses, including attorneys’ fees, court costs and expenses, in complying with legal process. If we receive a levy, attachment, or other court process against you or another owner of the account, we We may refuse to permit withdrawals or transfers from your account until the such legal process is satisfied or dismissed, even if such action is dismissed results in insufficient funds to satisfy an obligation you may have incurred. We may deduct such expenses from your Card account or satisfied. Any levy, attachmentany other account you may have with us without prior notice to you, or other court process is subject to our rights of lien we may bill you directly for such expenses and set offfees. You are responsible for any agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costscosts and damages including, or expenses that without limitation, attorneys’ fees, associated with our compliance with any legal process. When we incur as receive an order instructing us to restrict access to funds in a result Card account, we may remove the funds from the account and maintain them separately. fees? Can an award be explained? Yes A party may request details from the Arbitrator, within 14 days of any dispute or legal proceeding involving your accountthe ruling. Upon such request, the Arbitrator will explain the ruling in writing.

Appears in 1 contract

Samples: Cardholder Agreement

Legal Process. If the Bank receives a claim against funds in your account Regardless of where or a third party dispute involving your account how we are served, we may comply with any state or concerning your accountfederal legal process, such as a subpoenaincluding, restraining orderwithout limitation, court order, administrative order, tax levy, execution, garnishment, any writ of attachment, adverse claim, warrantexecution, document discovery demandgarnishment, tax levy, restraining order, subpoena or other compulsory warrant relating to you or your Account which we believe to be valid. You agree that we may honor legal process that we believe (correctly or otherwise) to be validis served personally, by mail, or by facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your Account or records are maintained. You agree that we know of or believe will have no liability to you for honoring any such legal process. You also agree that there is a dispute over the ownership or control of funds in your account, we may place a hold will have no obligation to assert on your account. We may notify you of the service of legal process in writing behalf any applicable exemptions to execution or by telephone, as permitted by attachment under any applicable state or federal law. A legal processing fee will be assessed to your account. You shall be liable for and shall pay to us, in addition to any other liability which may be established in such action, all of our court costs, document reproduction expenses, travel expenses, lost time of Bank's personnel due to appearing at any hearing, trial, deposition, or other legal proceeding and any other related expenses arising out of or related to any action or proceeding, and reasonable attorneys' fees in the prosecution or defense of such action. Such attorneys' fees shall include, in addition to fees incurred directly in such action or proceeding, any reasonable attorneys' fees incurred, before or after the commencement of such action or proceeding, and any expenses customarily billed by such attorneys. If we are not fully reimbursed for our time in researching our account records, photocopying, handling costs, and other expenses incurred by us by the party that served the legal process, we may charge such costs to your account, in addition to our standard legal processing fee. We may restrict the use of your account when we consider such action necessary to avoid a loss, or until we are satisfied that the dispute is settled. We may also close the account and send the balance to the accountholder of record, decide to rely on our current account records, require a court order to act, or take any other actions that we feel will protect us. We will not be liable also have and may enforce a right of setoff and security interest against any of your Accounts in order to you reimburse us for taking any such actionour fees and expenses, including attorneys’ fees, court costs and expenses, in complying with legal process. If we receive a levy, attachment, or other court process against you or another owner of the account, we We may refuse to permit withdrawals or transfers from your Account until such legal process is satisfied or dismissed even if such action results in insufficient funds to satisfy an obligation you may have incurred. Upon receipt of any legal process, you will be liable to us for our processing fee, and reimbursement for our record research, reproduction and handling costs. We may deduct such fee, as well as any expenses, including, without limitation, attorneys’ fees in connection with any such document or legal process, from your Account or any other account until the legal action is dismissed or satisfied. Any levy, attachmentyou may have with us without prior notice to you, or other court process is subject to our rights of lien we may xxxx you directly for such expenses and set offfees. You are responsible for any agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costscosts and damages including, or expenses that without limitation, attorneys’ fees, associated with our compliance with any legal process we incur believe to be valid. When we receive an order instructing us to restrict access to funds in an Account, we may remove the funds from the Account and maintain them separately. Unless required by applicable law, these funds will not earn interest and will not be considered as a result part of any dispute or legal proceeding involving your accountcombined balances when we determine Account fees and rates.

Appears in 1 contract

Samples: Account Agreement

Legal Process. If the Bank receives a claim against funds in your account or a third party dispute involving your account or concerning your accountFor purposes of this section, such as “Legal Process” means and includes a subpoena, restraining order, court orderinjunction, administrative orderwrit of attachment or execution, tax levy, execution, garnishment, writ of attachmenttax withholding order, adverse claim, search warrant, document discovery demand, forfeiture or other compulsory legal process that we believe (correctly similar order seeking action with respect to the funds available under or otherwise) to be valid, or we know of or believe that there is a dispute over the ownership or control of funds in your account, we may place a hold on your account. We may notify you of the service of legal process in writing or by telephone, as permitted by law. A legal processing fee will be assessed information relating to your account. You shall be liable for acknowledge that we are a regional bank with numerous office locations in multiple states and shall pay that you may withdraw available funds in your account at any office where we open accounts, accept deposits and process withdrawals (each, a “branch office”). You further acknowledge and agree that in responding to a Legal Process we may treat your account and funds as existing at any such branch office. Accordingly, you agree that we may accept any Legal Process as valid service on us, whether served in addition to person or by mail, email or facsimile transmission or any other liability means, which may be established in such action, all of our court costs, document reproduction expenses, travel expenses, lost time of Bank's personnel due to appearing is received by us at any hearingbranch office, trialat any site designated by us for acceptance of service of process, depositionon any appointed agent of ours, or any other method authorized by law, court rule or regulation, regardless whether such Legal Process was issued by a court located within the state where the Legal Process is served or whether such Legal Process is served on a person authorized to receive service of process on our behalf under applicable law or otherwise. You further agree that we may act on and comply with any such Legal Process that, based on our understanding of applicable law, is of apparent validity and lawfully attaches to your funds or entitles the issuer to information related to your account, regardless whether such Legal Process is issued by a court located within the state where you maintain your account. You agree that we may act on such Legal Process even if we do not act on it the same day that it is received and even if it attaches to the interest of fewer than all owners of the relevant account. If we receive any Legal Process related to or seeking funds or information pertaining to your account, you acknowledge and agree that you are solely responsible for appearing before the authority that issued or otherwise has jurisdiction over such Legal Process and invoking any exception, exemption, objection, defense, or other legal proceeding protection you believe may be available to you and that we will not be required to make a determination as to the availability or viability of any such exception, exemption, objection, defense, or other related protection. Where applicable law does not require us to take any action on your behalf with respect to any Legal Process or prohibit us from disclosing such Legal Process to you, we will provide you with notice that you may have the right to claim exemptions from such Legal Process under the laws of the state from which such Legal Process was issued and, if different, the state where you reside. If you receive such a notice from us, you should consider whether to consult an attorney regarding your rights. Except as provided in the foregoing sentence, we have no obligation to advise you of our receipt of any Legal Process relating to your account. You agree to pay a fee for each Legal Process received by us and our expenses arising out for research and copying of or documents and all other expenses, including administrative expenses, we incur in responding to any Legal Process related to any action or proceeding, and reasonable your account. These may include attorneys' fees we incur for legal assistance arising from the Legal Process. You agree that we may deduct these fees and expenses from any of your accounts without prior notice to you. Any Legal Process or other levy against your account is subject to our right of setoff and any security interest we have in the prosecution account. Unless prohibited by applicable law, we may set off or defense enforce our security interest against your account prior to honoring the Legal Process. If we are served with any Legal Process that tries to attach or in some way prevent you from freely using your funds, you give us the right, but we have no obligation, to hold any portion of such action. Such attorneys' fees shall include, in addition the funds during any time necessary to fees incurred directly in such action or proceeding, any reasonable attorneys' fees incurred, before or after determine to our satisfaction who has the commencement of such action or proceeding, and any expenses customarily billed by such attorneyslegal right to the funds. If we are not fully reimbursed for our time in researching our account records, photocopying, handling costs, and other expenses incurred by us by able to determine whether the party that served funds are subject to the legal processLegal Process, we may charge deposit the funds with any court that we deem to have jurisdiction over us or the property in your account and ask that court to determine to whom the funds belong. You consent to the jurisdiction of such costs court to determine the legal right to the property in your accountaccount and agree to reimburse us for our expenses, in addition including attorneys’ fees and expenses. If a bankruptcy or similar proceeding is filed by or against any owner, we may place an administrative hold on part or all of the balance while we seek to have the automatic stay lifted. You agree that our standard legal processing fee. We may restrict the use of your account when the word “may” in this section in reference to action we consider may take gives us sole discretion to take such action necessary without any obligation to avoid a loss, or until we are satisfied that the dispute is settled. We may also close the account and send the balance to the accountholder of record, decide to rely on our current account records, require a court order to act, or take any other actions action, subject to applicable law. You further agree that we feel will protect us. We will not be liable incur no liability to you for taking any acting on Legal Process as provided in this section unless applicable law provides otherwise. Where reference is made in this section to “applicable law,” such action. If we receive a levyreference includes state and/or federal law, attachmentas applicable, or other court process against and in each instance you or another owner of the account, agree that we may refuse proceed based on our reasonable interpretation of such applicable law. However, notwithstanding anything in this section to permit withdrawals or transfers from the contrary, nothing herein shall be construed as your account until the legal action is dismissed or satisfiedwaiver of any rights that are ultimately determined to be afforded to you and not subject to waiver under applicable law. Any levy, attachment, or other court process is subject This section speaks solely to our rights of lien and set off. You obligations as they pertain to you and your account and are responsible for not intended to and shall not confer any losses, costs, rights in the party causing the Legal Process to be issued or expenses that we incur as a result of in any dispute or legal proceeding involving your accountother third party.

Appears in 1 contract

Samples: Deposit Account Agreement

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