No Duty to Monitor Payments; Bank Liability Sample Clauses

No Duty to Monitor Payments; Bank Liability. The Bank is responsible only for its acts of gross negligence or willful misconduct in the processing and sending of payments upon your authorization (see also, Sections IV and XI, herein). In no event will the Bank be liable for monetary damages you incur because of:‌‌‌‌‌‌  Insufficient available or collected funds in your Payment Account to make the payment on the processing date.  Delays in mail delivery.  Changes to the payee's address or account number (unless the Bank has been advised sufficiently in advance of the change to timely process the payment).‌  The failure of any payee to correctly account for or credit payment(s) in a timely manner, or  Any other circumstance beyond the reasonable control of the Bank. If the Online Service session during which you schedule a Xxxx Payment or place an EFT ends by 12:00 PM ET, the Bank will be considered to have received it on that day. If not, it will be considered received on the following Business Day. For entries made using the Service, the time recorded by us shall be deemed the official time of the transaction. If your Payment Account does not have available funds sufficient to make a payment as of the date the payment is debited to your Account, we may block the Xxxx Payment Service until the Payment Account has sufficient funds. In such event, the Bank may attempt to notify you by e-mail or U.S. Postal Mail, but it will have no liability to you if it cannot complete a payment because there are insufficient funds in your Payment Account to process it. You are solely responsible to contact the Bank at (914) 902-APPLe (2775) to make alternate arrangements or to reschedule any payment not processed. In the case of fixed payments, only the payment currently scheduled will be impacted. Fixed payments scheduled for future dates will not be affected.
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No Duty to Monitor Payments; Bank Liability. The Bank is only responsible for gross negligence or willful misconduct in the processing and sending of payments upon your authorization (see also, Sections IV and XI, herein). In no event will the Bank be liable for monetary damages you incur because of: • Insufficient available or collected funds in your Payment Account to make the payment on the processing date. • Delays in mail delivery. • Changes to the payee's address or account number (unless the Bank has been advised sufficiently in advance of the change to timely process the payment). • The failure of any payee to correctly account for or credit payment(s) in a timely manner, or • Any other circumstance beyond the reasonable control of the Bank. If your Payment Account does not have available funds sufficient to make a payment as of the date the payment is debited to your Account, we may block the Bill Payment Service until the Payment Account has sufficient funds. In such an event, the Bank may attempt to notify you by e-mail or U.S. Postal Mail, but it will have no liability to you if it cannot complete a payment because there are insufficient funds in your Payment Account to process it. You will also incur a fee of $35.00 for Insufficient or Uncollected Funds as set forth in Maintenance and Service Charges in the Account Disclosures you receive at the time of account opening. You are solely responsible to contact the Bank at (914) 902-APPLe (2775) to make alternate arrangements or to reschedule any payment not processed. In the case of fixed payments, only the payment currently scheduled will be impacted. Fixed payments scheduled for future dates will not be affected.
Sample 1

Related to No Duty to Monitor Payments; Bank Liability

  • Assignment Liability Indemnity Force Majeure Consequential Damages and Default Notwithstanding any other provision of this Agreement, the liability, indemnification and insurance provisions of the Transmission Operating Agreement (“TOA”) or other applicable operating agreements shall apply to the relationship between the System Operator and the Interconnection Transmission Owner and the liability, indemnification and insurance provisions of the Tariff apply to the relationship between the System Operator and the Interconnection Customer and between the Interconnecting Transmission Owner and the Interconnection Customer.

  • Indemnity Consequential Damages and Insurance 18.1 Indemnity 18.1.1 Indemnified Party 18.1.2 Indemnifying Party 18.1.3 Indemnity Procedures 18.2 Consequential Damages 18.3 Insurance 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11

  • Parallel Operation Obligations Once the Small Generating Facility has been authorized to commence parallel operation, the Interconnection Customer shall abide by all rules and procedures pertaining to the parallel operation of the Small Generating Facility in the applicable control area, including, but not limited to: (1) the rules and procedures concerning the operation of generation set forth in the NYISO tariffs or ISO Procedures or the Connecting Transmission Owner’s tariff; (2) any requirements consistent with Good Utility Practice or that are necessary to ensure the safe and reliable operation of the Transmission System or Distribution System; and (3) the Operating Requirements set forth in Attachment 5 of this Agreement.

  • Obligation to Make Payments Any Interconnection Party's obligation to make payments for services shall not be suspended by Force Majeure.

  • Liability for other losses, damages etc Save and except as expressly provided in this Article, neither Party hereto shall be liable in any manner whatsoever to the other Party in respect of any loss, damage, cost, expense, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event.

  • Our Right to Make Payments and Recover Overpayments If payments which should have been made by us according to this provision have actually been made by another organization, we have the right to pay those organizations the amounts we decide are necessary to satisfy the rules of this provision. These amounts are considered benefits provided under this plan and we will not have to pay those amounts again. If we make payments for allowable expenses, which are more than the maximum amount needed to satisfy the conditions of this provision, we have the right to recover the excess amounts from: • the person to or for whom the payments were made; • any other insurers; and/or • any other organizations (as we decide). As the subscriber, you agree to pay back any excess amount paid, provide information and assistance, or do whatever is necessary to aid in the recovery of this excess amount. The amount of payments made includes the reasonable cash value of any benefits provided in the form of services.

  • CONTRACT LIMIT, FEES AND EXPENSES changing the not-to-exceed amount of the Contract from ONE MILLION SEVEN HUNDRED NINTY THOUSAND DOLLARS AND ZERO CENTS ($1,790,000.00) to TWO MILLION ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($2,100,000.00), as approved by the Executive Director on October 22, 2021.

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

  • Independent Contractor; Payment of Taxes and Other Expenses a. Independent Contractor. Contractor or any agent or employee of Contractor shall be deemed at all times to be an independent contractor and is wholly responsible for the manner in which it performs the services and work requested by City under this Agreement. Contractor or any agent or employee of Contractor shall not have employee status with City, nor be entitled to participate in any plans, arrangements, or distributions by City pertaining to or in connection with any retirement, health or other benefits that City may offer its employees. Contractor or any agent or employee of Contractor is liable for the acts and omissions of itself, its employees and its agents. Contractor shall be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, unemployment compensation, insurance, and other similar responsibilities related to Contractor’s performing services and work, or any agent or employee of Contractor providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between City and Contractor or any agent or employee of Contractor. Any terms in this Agreement referring to direction from City shall be construed as providing for direction as to policy and the result of Contractor’s work only, and not as to the means by which such a result is obtained. City does not retain the right to control the means or the method by which Contractor performs work under this Agreement.

  • Exception to Obligations Neither Party's obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of the facilities or equipment (including software) by the indemnitee; (ii) use by the indemnitee of the facilities or equipment (including software) in combination with equipment or facilities (including software) not provided or authorized by the indemnitor, provided the facilities or equipment (including software) would not be infringing if used alone; (iii) conformance to specifications of the indemnitee which would necessarily result in infringement; or (iv) continued use by the indemnitee of the affected facilities or equipment (including software) after being placed on notice to discontinue use as set forth herein.

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