Liability for Failure to Make EFTs. If we do not complete a transfer to or from your Account on time or in the correct Amount according to our agreement with you, we will be liable for damages or losses proximately caused by our failure. All such damages and losses for a failure to make a transfer will have to be actual proven damages. However, there are some exceptions, and we will not be liable for any damages or losses if, for example: (1) there are insufficient funds in your Account to complete the transaction through no fault of ours; (2) the funds in your Account are not yet available for use or withdrawal; (3) the ATM where you are making the transfer does not have enough cash; (4) the ATM, system, equipment or terminal involved in the transfer is not working properly and you know about the improper functioning at the time you started the transaction; (5) the funds in your Account are subject to a Legal Process or other encumbrance restricting the transfer; (6) the circumstances preventing the transfer or the failure of the transfer is beyond our control (e.g., power outage, an Act of God, fire, natural disaster) even after we have taken reasonable precautions; or (7) the Account is inactive or dormant or has been revoked due to inactivity or at our discretion. There may be additional exceptions stated in our agreement with you or permitted by law.

Liability for Failure to Make EFTs. If we do not complete a transfer to or from your Account on time or in the correct Amount according to our agreement with you, we will be liable for damages or losses proximately caused by our failure. All such damages and losses for a failure to make a transfer will have to be actual proven damages. However, there are some exceptions, and we will not be liable for any damages or losses if, for example: (1) there are insufficient funds in your Account to complete the transaction through no fault of ours; (2) the funds in your Account are not yet available for use or withdrawal; ( (3) the, system, equipment or terminal involved in the transfer is not working properly and you know about the improper functioning at the time you started the transaction; (4) the funds in your Account are subject to a Legal Process or other encumbrance restricting the transfer; (5) the circumstances preventing the transfer or the failure of the transfer is beyond our control (e.g., power outage, an Act of God, fire, natural disaster) even after we have taken reasonable precautions;

Liability for Failure to Make EFTs. If we do not complete a transfer to or from your Secured Account on time or in the correct Amount according to our agreement with you, we will be liable for damages or losses proximately caused by our failure. However, there are some exceptions. We will not be liable for any damages or losses if, for example: (1) there are insufficient funds in your Secured Account to complete the transaction through no fault of ours; (2) the funds in your Secured Account are not yet available for use or withdrawal; (3) the funds in your Secured Account are subject to a Legal Process or other encumbrance restricting the transfer; (4) the circumstances preventing the transfer or the failure of the transfer is beyond our control (e.g., power outage, an Act of God, fire, natural disaster) even after we have taken reasonable precautions; or (5) the Secured Account is inactive or dormant or has been revoked due to inactivity or at our discretion. There may be additional exceptions stated in our agreement with you or permitted by law.

Liability for Failure to Make EFTs. If we do not complete a transfer to or from your Secured Account on time or in the correct Amount according to our agreement with you, we will be liable for damages or losses proximately caused by our failure. All such damages and losses for a failure to make a transfer will have to be actual proven damages. However, there are some exceptions, and we will not be liable for any damages or losses if, for example: (1) there are insufficient funds in your Secured Account to complete the transaction through no fault of ours; (2) the funds in your Secured Account are not yet available for use or withdrawal;

Liability for Failure to Make EFTs. If we do not complete a transfer to or from your Account on time or in the correct Amount according to our agreement with you, we will be liable for damages or losses proximately caused by our failure. All such damages and losses for a failure to make a transfer will have to be actual proven damages. However, there are some exceptions, and we will not be liable for any damages or losses if, for example: (1) there are insufficient funds in your Account to complete the transaction through no fault of ours; (2) the funds in your Account are not yet available for use or withdrawal; (3) the funds in your Account are subject to a Legal Process or other encumbrance restricting the transfer; (4) the circumstances preventing the transfer or the failure of the transfer is beyond our control (e.g., power outage, an Act of God, fire, natural disaster) even after we have taken reasonable precautions; or (5) the Account is inactive or dormant or has been revoked due to inactivity or at our discretion. There may be additional exceptions stated in our agreement with you or permitted by law.

Related to Liability for Failure to Make EFTs

Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within thirty calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional shipments of Product or provision of services to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

Liability for Failure to Make EFTs Sample Clauses