Common use of Our Duty of Care Clause in Contracts

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.