Limitation of Ally Bank’s Liability Sample Clauses

Limitation of Ally Bank’s Liability. A. Failure to Complete a Transaction In addition to other limitations on liability set forth in this Agreement, we and our Vendors shall not incur any liability to you if we cannot complete a payment or other transaction because of one or more of the following: • If, through no fault of our own, your Eligible Account or any associated Overdraft Transfer Service (as defined in the Ally Bank Deposit Agreement) does not contain sufficient funds to complete a payment; • Circumstances beyond our control (such as fire, flood, or interference from an outside force) prevent the proper execution of a payment or transfer transaction, and we have taken reasonable precautions to avoid those circumstances; • If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly; • We will also not be liable if: (a) a legal order directs us to prohibit withdrawals from the Account;
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Limitation of Ally Bank’s Liability. A. Failure to Complete a Transaction In addition to other limitations on liability set forth in this Agreement, we and our Vendors shall not incur any liability to you if we cannot complete a payment or other transaction because of one or more of the following: • If, through no fault of our own, your Eligible Account or any associated Overdraft Transfer Service (as defined in the Ally Bank Deposit Agreement) does not contain sufficient funds to complete a payment; • Circumstances beyond our control (such as fire, flood, or interference from an outside force) prevent the proper execution of a payment or transfer transaction, and we have taken reasonable precautions to avoid those circumstances; • If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly; • We will also not be liable if: (a) a legal order directs us to prohibit withdrawals from the Account; (b) the Account is closed or frozen; or (c) any part of the electronic funds transfer system network is not working properly. We do not recognize "Grace Periods," "Pay To," or "Late After" dates when considering the reimbursement of late fees or finance charges.
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Limitation of Ally Bank’s Liability. A. Failure to Complete a Transaction  We will use commercially reasonable efforts to make payments to Payees based on your instructions. In addition to other limitations on liability set forth in this Agreement, we and our Vendors shall not incur any liability to you if we cannot complete a payment or other transaction because of one or more of the following:  Xxxx Pay is not working properly and you know or have been informed about the malfunction before you request a xxxx payment;  If, through no fault of our own, your Eligible Account or any associated Overdraft Transfer Service (as defined in the Ally Bank Deposit Agreement) does not contain sufficient funds to complete a payment;  If, through no fault of our own, a Payee does not allocate the funds received in accordance with your payment instructions;  You have not provided us with the correct Eligible Account information, or the correct name, address, email address, phone number, or account/invoice information for the Payee;  Circumstances beyond our control (such as fire, flood, or interference from an outside force) prevent the proper execution of a payment or transfer transaction, and we have taken reasonable precautions to avoid those circumstances;  Circumstances beyond our control, particularly delays in handling and posting payments by Payees or financial institutions, result in a payment taking longer to be credited to your Payee account than expected;  If you, or anyone you allow, commits any fraud or violates any law or regulation;  If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly;  If you have not properly followed the instructions for using eBills or Xxxx Pay; and/or  Provided none of the foregoing exceptions is applicable, if Xxxx Pay (a) causes an incorrect amount of funds to be removed from your Xxxx Pay Eligible Account or (b) causes funds from your Xxxx Pay Eligible Account to be directed to a Payee that does not comply with your payment instructions, we will be responsible for returning the improperly paid funds to your Xxxx Pay Eligible Account, and for directing to the proper Payee any previously misdirected funds. In addition, with respect to a Xxxx Pay Eligible Account in good standing, we will reimburse verified late fees, if any, that directly result from a payment delivered after its Scheduled Delivery Date up to the lesser of $300 per payment ($1,000 for mortgage payments) or the actua...
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Limitation of Ally Bank’s Liability 
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Related to Limitation of Ally Bank’s Liability

  • LIMITATION OF OUR LIABILITY We are not responsible or liable to you or any supplementary cardmember for: • any delay or failure by a merchant to accept the card, • goods and services you charge to your account, including any dispute with a merchant about goods and services charged to your account, • any costs, damages or expenses arising out of our failure to carry out our obligations under this agreement if that failure is caused by a third party or because of a systems failure, data processing failure, industrial dispute or other action outside our control, and • loss of profits or any incidental, indirect, consequential, punitive or special damages regardless of how they arise. For example, we will not be liable to you or any supplementary cardmember for any malfunction or failure of the card or refusal by a merchant to accept the card. QUEBEC DISCLOSURES The following section is only applicable to residents of Quebec Clause required under the Consumer Protection Act. (Open credit contract for the use of a credit card)

  • Limitation of Trust’s Liability The Sub-Advisor acknowledges that it has received notice of and accepts the limitations upon the Trust's liability set forth in its Declaration of Trust. The Sub-Advisor agrees that (i) the Trust's obligations to the Sub-Advisor under this Agreement (or indirectly under the Advisory Agreement) shall be limited in any event to the assets of the Fund and (ii) the Sub-Advisor shall not seek satisfaction of any such obligation from the holders of shares of the Fund nor from any Trustee, officer, employee or agent of the Trust.

  • Bank’s Liability for Collateral So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears all risk of loss, damage or destruction of the Collateral.

  • Assumption of Risks; Liability Resident ASSUMES ALL RISKS associated with use of the Property, and to the full extent permitted by law, agrees to hold harmless, release, defend and indemnify Owner and its affiliates, members, partners, officers, agents, management company and its and their respective employees (“Released Parties”) from all loss, liability and/or claims for injury, illness or death to persons or damage or theft to property arising in whole or in part from: (i) the negligent acts, omissions or intentional wrongdoing of Resident or his/her Guests; or (ii) the use, occupancy, presence at or other interaction with the Property or any part or contents thereof by Resident or his or her Guests, including without limitation those injuries and damages caused by a Released Party’s alleged or actual negligence or by breach of any express or implied warranty , all except solely to the extent of Owner’s liability expressly arising under applicable law and to the extent such liability may not be waived or released under law. The Released Parties will not be liable for injury, damage or loss caused by criminal conduct of other persons, including theft, assault, vandalism or other acts of third parties. Resident agrees to indemnify each Released Party for any injuries to Resident or any Guest or other person or property that arises in connection with occupancy or use by Resident or any Guest of Resident. Resident further agrees to reimburse, indemnify and hold harmless Released Parties from any and all claims, lawsuits, actions, costs, damages (including liquidated damages as specified) or losses, including reasonable attorneys’ fees and costs and expenses as allowed by law, that a Released Party incurs or may incur as a result of any breach of this Agreement by Resident. The forgoing will be binding to the fullest extent permitted by law. SAMPLE

  • LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.

  • Limitation on Guarantors’ Liability Each Guarantor by its acceptance hereof and each Holder of a Security entitled to the benefits of the Guarantee hereby confirms that it is the intention of all such parties that the guarantee by such Guarantor pursuant to the Guarantee not constitute a fraudulent transfer or conveyance for purposes of any federal or state law. To effectuate the foregoing intention, each Holder of a Security entitled to the benefits of the Guarantee and each Guarantor hereby irrevocably agrees that the obligations of each Guarantor under the Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under the Guarantee, not result in the obligations of such Guarantor under the Guarantee constituting a fraudulent conveyance or fraudulent transfer under federal or state law.

  • Limitation of Personal Liability All the parties hereto acknowledge and agree that all liabilities of the Trust arising, directly or indirectly, under this Agreement, of any and every nature whatsoever, shall be satisfied solely out of the assets of the Fund and that no Trustee, officer or holder of shares of beneficial interest of the Trust shall be personally liable for any of the foregoing liabilities. The Trust Instrument describes in detail the respective responsibilities and limitations on liability of the Trustees, officers and holders of shares of beneficial interest of the Trust.

  • Our Liability (a) The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority.

  • Limitation on Personal Liability All parties to this Agreement acknowledge and agree that the Trust is a series trust and all debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular series shall be enforceable against the assets held with respect to such series only, and not against the assets of the Trust generally or against the assets held with respect to any other series and further that no Trustee, officer or holder of shares of beneficial interest of the Trust shall be personally liable for any of the foregoing.

  • Your Liability The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:

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