Our Duty of Care. The duty of care of Stifel, BNY Mellon, and Bank to you is satisfied if reasonable banking procedures are followed. Unless we have specifically agreed with you in writing, our duties will not include monitoring nonstandard instructions or other legends appearing on Checks. We shall be deemed to have exercised ordinary care as to your signature if we process your Check by automated means only (so as to clear the largest number of checks at the lowest cost to customers) or if any unauthorized signature or alteration is so skillfully made that a reasonably careful person would not readily detect it. A clerical error or mistake in judgment is not to be considered a failure to meet the duty of care of Stifel, BNY Mellon, or Bank. The obligations of Stifel, BNY Mellon, and Bank are set forth in this Banking Services Agreement. None of Stifel, BNY Mellon, or Bank is liable for the obligations of the others. Neither BNY Mellon nor Bank is a party to the Agreement, and neither BNY Mellon nor Bank has any rights, responsibilities, or obligations under the Agreement.
Our Duty of Care. We owe you only a duty of good faith and ordinary care. Our internal policies and procedures are solely for our internal purposes, are proprietary, and are not available for customer review. They do not impose a higher duty of care on us than would otherwise apply under applicable law.
Our Duty of Care. The duty of care of Stifel and Stifel Bank to you is satisfied if reasonable banking procedures are followed. Unless we have specifically agreed with you in writing, our duties will not include monitoring nonstandard instructions or other legends appearing on Checks. We shall be deemed to have exercised ordinary care as to your signature if we process your Check by automated means only (so as to clear the largest number of checks at the lowest cost to customers) or if any unauthorized signature or alteration is so skillfully made that a reasonably careful person would not readily detect it. A clerical error or mistake in judgment is not to be considered a failure to meet the duty of care of Stifel or Stifel Bank. The obligations of Stifel and Stifel Bank are set forth in this Banking Services Agreement. Neither Stifel nor Stifel Bank are liable for the obligations of the others. Stifel Bank is not a party to the Agreement nor has any rights, responsibilities, or obliga- tions under the Agreement.
Our Duty of Care. In performing the services for you, permitted by law that we will never be liable to you for any indirect, you agree that we are not acting as a fiduciary for you or for your benefit consequential, special, punitive or exemplary losses or damages and that our responsibility is limited to acting in good faith and exercising (including, without limitation, lost profits, loss of data, business ordinary care. In that regard, the services have several unique interruption or delay, time, savings, property or goodwill),without regard characteristics that relate to our duty of care. For example, most of the to the form of your claim or action or whether your claim is in contract, services involve large volumes of items or transactions that are processed tort or otherwise, and even if we knew such losses or damages were in a highly automated environment. The procedures set forth in the terms possible or likely. To the extent we are required by applicable law to and conditions and/or the reference materials for each service have been pay you interest on any amount for which we are liable under this designed in light of those characteristics to maximize your ability to use section,that interest will be determined by using the"federal funds rate" that service in an efficient manner while minimizing your cost and we paid at the close of business on each day during the period inconvenience. You agree that the procedures for each service are beginning on the day such failure occurred until we have paid you the commercially reasonable and that we will be deemed to have exercised full amount of our liability. If we reimburse you for any losses or ordinary care if we substantially comply with the procedures. You also damages, you agree to transfer all of your rights relating to the agree that a clerical error, non-material mistake in judgment, or non- transactions in question to us and to reasonably assist us in any efforts material occasional or unintentional deviation by us from the procedures, or legal actions that we may take to recover those amounts from any by itself, will not be deemed to constitute a failure on our part to exercise third party. ordinary care, but substantial and material acts of negligence will constitute a failure of exercise ordinary care. You also agree that we will (e)
Our Duty of Care. The duty of care of Phoenix, BNY Mellon and Bank to you is satisfied if reasonable banking procedures are followed. Unless we have specifically agreed with you in writing, our duties will not include monitoring nonstandard instructions or other legends appearing on Checks. We shall be deemed to have exercised ordinary care as to your signature if we process your Check by automated means only (so as to clear the largest number of checks at the lowest cost to customers) or if any unauthorized signature or alteration is so skillfully made that a reasonably careful person would not readily detect it. A clerical error or mistake in judgment is not to be considered a failure to meet the duty of care of Phoenix, BNY Mellon or Bank. The obligations of Phoenix, BNY Mellon and Bank are set forth in this Agreement. None of Phoenix, BNY Mellon or Bank is liable for the obligations of the others.
Our Duty of Care. At all times we undertake to exercise the due care and diligence of a good manager in keeping safe your Precious Metal lodged in the Storage Facility.
Our Duty of Care. The duty of care of Pershing, Administrator and Bank to you is satisfied if reasonable banking procedures are followed. Unless we have specifically agreed with you in writing, our duties will not include monitoring nonstandard instructions or other legends appearing on Checks. We shall be deemed to have exercised ordinary care as to your signature if we process your Check by automated means only (so as to clear the largest number of checks at the lowest cost to customers) or if any unauthorized signature or alteration is so skillfully made that a reasonably careful person would not readily detect it. A clerical error or mistake in judgment is not to be considered a failure to meet our duty of care of Pershing, Administrator or Bank. The obligations of Pershing, Administrator and Bank are set forth in this Agreement. None of Pershing, Administrator or Bank is liable for the obligations of the others.
Our Duty of Care. The duty of care of Pershing, Administrator and Bank to you is satisfied if reasonable banking procedures are followed. Unless we have specifically agreed with you in writing, our duties will not include monitoring nonstandard instructions or other legends appearing on Checks. We shall be deemed to have exercised ordinary care as to your signature if we process your Check by automated means only (so as to clear the largest number of checks at the lowest cost to customers) or if any unauthorized signature or alteration is so skillfully made that a reasonably careful person would not readily detect it. TIAA-CREF Brokerage Account Customer Agreement A clerical error or mistake in judgment is not to be considered a failure to meet our duty of care of Pershing, Administrator or Bank. The obligations of Pershing, Administrator and Bank are set forth in this Agreement. None of Pershing, Administrator or Bank is liable for the obligations of the others.
