Limitation of Liability of Bank. Bank shall not be liable for any Losses (as defined in Section 5.2) or action taken or omitted or for any loss or injury resulting from its (or its nominees) actions or its (or its nominees’) performance or lack of performance of their respective duties hereunder in the absence of negligence or willful misconduct on their respective part. In no event shall Bank be liable to any Customer, any Investor, or any third party (i) for acting in accordance with Customer Instructions or instructions from any entity reasonably believed by Bank to be an agent of Customer; (ii) for special, consequential or punitive damages; (iii) for the acts or omissions of its correspondents, designees, agents, subagents; (iv) any Losses (as defined in Section 5.2) due to forces beyond the reasonable control of Bank, including without limitation strikes, work stoppages, acts of war or terrorism, insurrection, revolution, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services; or (v) for any violation or alleged violation of any federal securities law or any “blue sky” or state securities law. With respect to any Losses (as defined in Section 5.2) incurred as a result of the acts or the failure to act by any correspondents, designees, agents, subagents, Bank shall take appropriate action to recover such Losses from the same; and Bank’s sole responsibility and liability to Customer and Investors shall be limited to amounts so received from the same (exclusive of costs and expenses incurred by Bank).
Limitation of Liability of Bank. A. The Bank=s obligations as Escrow Holder are to be determined solely by these instructions and any subsequent amendments or supplemental instructions jointly submitted in writing by all parties hereto. The Bank is not responsible for knowing or interpreting any provisions of any agreement(s) on which these instructions may be based, and shall not rely on any knowledge or understanding the Bank may have of any such agreement(s) in ascertaining or performing its duties as Escrow Holder. The Bank will not accept in Escrow any separate contract or agreement between the parties hereto, or any writing that purports to be a contract or agreement on which the Bank=s Escrow instructions are based.
Limitation of Liability of Bank. Bank shall have no responsibility or liability to Senior Secured Party or Secured Note Collateral Agent for complying with instructions concerning the Accounts from Customer or Customer’s authorized representatives which are received by Bank before Bank receives an Exclusive Access Notice and has had a reasonable opportunity to act thereon, as set forth in paragraph 4 above. Bank shall have no responsibility or liability to Customer for complying with an Exclusive Access Notice or complying with instructions concerning the Accounts originated by Senior Secured Party, and shall have no responsibility to investigate the appropriateness of any such instruction or Exclusive Access Notice, even if Debtor notifies Bank that Senior Secured Party is not legally entitled to originate any such instruction or Exclusive Access Notice. Bank may rely, and Bank shall be protected in acting, or refraining from acting, upon any notice (including but not limited to electronic facsimile of such notice) believed by Bank to be genuine and to have been given by the proper party or parties.
Limitation of Liability of Bank. Bank shall have no responsibility or liability to Customer or Secured Party for complying with the Instructions concerning the Accounts which are received by Bank. Bank shall have no responsibility or liability to Customer for complying with any Instructions, and shall have no responsibility to investigate the appropriateness of any such Instructions, even if Customer notifies Bank that Secured Party is not legally entitled to originate any such Instructions. Bank may rely, and Bank shall be protected in acting, or refraining from acting, upon any notice (including but not limited to electronic facsimile of such notice) believed by Bank to be genuine and to have been given by the proper party or parties. Notwithstanding the foregoing, as provided in Section 8, Bank acknowledges that Bank shall be liable for its own bad faith, gross negligence, willful misconduct or criminal acts as determined by a final non-appealable judgment by a court of competent jurisdiction.
Limitation of Liability of Bank. Bank shall have no responsibility or liability to Creditor for complying with instructions concerning the Accounts from any Debtors or any Debtor’s authorized representatives which are received by Bank before Bank receives a Notice of Control and has had reasonable opportunity to comply with it as set forth in paragraph 3 above. Bank shall have no responsibility or liability to Debtors for complying with a Notice of Control or complying with instructions concerning the Accounts originated by Creditor, and shall have no responsibility to investigate the appropriateness of any such instruction or Notice of Control, even if any Debtor notifies Bank that Creditor is not legally entitled to originate any such instruction or Notice of Control.
Limitation of Liability of Bank. The Bank shall not be liable to the Customer: (A) for any act or neglect of the Software Provider or any internet service provider; (B) for any image of any Check, or for any other data not received by Bank or Bank's data processor; (C) for the insufficiency or unclarity of any image of any Check or any other such data, as received by Bank or Bank's data processor; (D) for any alteration of any Check occurring either before or after a Mobile Deposit of such Check; (E) for the failure to detect any alteration, counterfeit check, or multiple deposit of a Check; (F) for any unauthorized access to Customer's System; (G) for any acts of Customer's employees or third parties, including any unauthorized use of the System or any breach of System security; (h) for any unauthorized access to the Account or transactions of Customer as a result of Customer's use of the System; or (i) for any delay in the processing of any Mobile Deposit not caused solely by the negligence of Bank. BANK WILL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCURRED BY CUSTOMER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR BUSINESS OPERATION LOSS, REGARDLESS OF WHETHER BANK IS ADVISED OF THE POSSIBLE OCCURRENCE OF SUCH DAMAGES. You understand that, while we and our service providers have established certain security procedures, such as firewalls, Codes and data encryption designed to prevent unauthorized access to your accounts or transactions, there can be no assurance that inquiries or transaction activity will be completely secure. You also understand that access to the Service will not be free from delays, malfunctions, or other inconveniences generally associated with this electronic medium. You agree that we are not responsible for any such unauthorized access, delays or malfunctions, and we are not responsible for the acts of third parties.
