Common use of OUR LIABILITY FOR FAILURE TO COMPLETE A TRANSACTION Clause in Contracts

OUR LIABILITY FOR FAILURE TO COMPLETE A TRANSACTION. We and Our third-party service providers, as applicable, are responsible for completing funds transfers from Your eligible account(s) according to Your properly entered and transmitted instructions. We and Our third-party service providers, however, are not responsible for confirming or monitoring such instructions or refusing to process duplicate payment instructions. WITHOUT LIMITING THE FOREGOING, IN THE EVENT THAT YOU SUFFER ANY DAMAGES OR LOSSES AS A RESULT OF OUR OR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS FAILING TO COMPLETE A FUNDS TRANSFER ON TIME OR ACCORDING TO YOUR INSTRUCTIONS, YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW NEITHER WE NOR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS, AS APPLICABLE, SHALL BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT OF ACTUAL DAMAGE OR LOSSES YOU INCUR UP TO THE AMOUNT OF THE TRANSFER WE FAILED TO COMPLETE ON TIME OR PER YOUR INSTRUCTIONS. YOU AGREE THAT IN NO EVENT SHALL WE OR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR LATE CHARGES, INTEREST, PENALTIES OR OTHER AMOUNTS INCURRED BY YOU FOR YOUR FAILURE TO ALLOW SUFFICIENT TIME FOR PROCESSING AND DELIVERY OF ANY PAYMENTS OR TRANSFERS SO LONG AS WE HAVE COMPLIED WITH THE PROVISIONS OF THESE TERMS. Furthermore, without limiting the foregoing, there may be times or situations when We or Our third-party service providers do not or are unable to complete a transfer per Your Instruction, and You agree We and Our third-party service providers will not be responsible for any losses or damages You incur, including in any of the following circumstances: • You do not obtain a Confirmation Number at the time You initiate a payment and/or transfer. • The designated account does not contain sufficient funds to complete the payment and/or transfer. • The designated account is closed, frozen or otherwise inactive. • We have identified You as a credit risk and have chosen to (i) make all payments and/or transfers initiated by You via the Services utilizing a paper, as opposed to electronic, method, or (ii) to terminate Your subscription to the Services. • The Services, or any communications link, is not working properly and You know or have been advised by Us about the malfunction before You execute the transaction. • You have not provided Us with the correct instructions. • A payee mishandles or delays handling payments sent by Us. • Circumstances beyond Our control prevent or delay the proper execution of the transaction. Such circumstances include, but are not limited to: telecommunication outages, power outages, equipment failures, postal strikes, delays caused by other financial institutions, fires and floods. • The transfer would result in Us exceeding any limitation of Our intraday net funds position established pursuant to present or future Federal Reserve guidelines. • A court order, such as a garnishment or other legal process, prevents Us from making a transfer. • Any third party through whom any payment or transfer is to be made fails to properly transmit the payment or transfer. • You or anyone You allow to use the Services commits fraud or violates any law or regulation. • You do not use the Services properly. • We have a reasonable basis for believing that unauthorized use of Your username, password, security code, or deposit account(s) has occurred or may be occurring. • You default under these Terms, the Agreement, a credit agreement, or any other agreement with Us. • We or You terminate these Terms. The limitation on Our liability contained in this section shall be in addition other limitations on Our liability provided for in these Terms, in other agreements between the parties, or provided by applicable law. Statements All payments and/or transfers made via the Services will be listed on Your monthly Account statements (“Statement”) that You receive from Us. Errors or Questions In case of errors or questions about your electronic transfers, telephone us at (000) 000-0000, Write Us at Bask Bank, Attn: Bask Bank Customer Support, 0000 Xxxxxxxx Xxxx Xxxxx 000, Xxxxxxxxxx, Xxxxx 00000, or E-mail Us at xxxxxxxxxxxxxxx@xxxxxxxx.xxx as soon as You can, if You think Your statement or receipt is wrong or if You need more information about a transfer listed on the statement or receipt. We must hear from You no later than sixty (60) days after We sent the FIRST statement on which the problem or error appeared and You must:

OUR LIABILITY FOR FAILURE TO COMPLETE A TRANSACTION. We and Our third-party service providers, as applicable, are responsible for completing funds transfers from Your eligible account(s) according to Your properly entered and transmitted instructions. We and Our third-party service providers, however, are not responsible for confirming or monitoring such instructions or refusing to process duplicate payment instructions. WITHOUT LIMITING THE FOREGOING, IN THE EVENT THAT YOU SUFFER ANY DAMAGES OR LOSSES AS A RESULT OF OUR OR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS FAILING TO COMPLETE A FUNDS TRANSFER ON TIME OR ACCORDING TO YOUR INSTRUCTIONS, YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW NEITHER WE NOR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS, AS APPLICABLE, SHALL BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT OF ACTUAL DAMAGE OR LOSSES YOU INCUR UP TO THE AMOUNT OF THE TRANSFER WE FAILED TO COMPLETE ON TIME OR PER YOUR INSTRUCTIONS. YOU AGREE THAT IN NO EVENT SHALL WE OR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR LATE CHARGES, INTEREST, PENALTIES OR OTHER AMOUNTS INCURRED BY YOU FOR YOUR FAILURE TO ALLOW SUFFICIENT TIME FOR PROCESSING AND DELIVERY OF ANY PAYMENTS OR TRANSFERS SO LONG AS WE HAVE COMPLIED WITH THE PROVISIONS OF THESE TERMS. Furthermore, without limiting the foregoing, there may be times or situations when We or Our third-party service providers do not or are unable to complete a transfer per Your Instruction, and You agree We and Our third-party service providers will not be responsible for any losses or damages You incur, including in any of the following circumstances: • You do not obtain a Confirmation Number at the time You initiate a payment and/or transfer. • The designated account does not contain sufficient funds to complete the payment and/or transfer. • The designated account is closed, frozen or otherwise inactive. • We have identified You as a credit risk and have chosen to (i) make all payments and/or transfers initiated by You via the Services utilizing a paper, as opposed to electronic, method, or (ii) to terminate Your subscription to the Services. • The Services, or any communications link, is not working properly and You know or have been advised by Us about the malfunction before You execute the transaction. • You have not provided Us with the correct instructions. • A payee mishandles or delays handling payments sent by Us. • Circumstances beyond Our Extraordinary circumstances outside the bank’s control prevent or delay the proper execution of the transaction. Such circumstances include, but are that could not limited to: telecommunication outages, power outages, equipment failures, postal strikes, delays caused by other financial institutions, fires and floodshave been reasonably anticipated. • The transfer would result in Us exceeding any limitation of Our intraday net funds position established pursuant to present or future Federal Reserve guidelines. • A court order, such as a garnishment or other legal process, prevents Us from making a transfer. • Any third party through whom any payment or transfer is to be made fails to properly transmit the payment or transfer. • You or anyone You allow to use the Services commits fraud or violates any law or regulation. • You do not use the Services properly. • We have a reasonable basis for believing that unauthorized use of Your username, password, security code, code or deposit account(s) has occurred or may be occurring. • You default under these Terms, the Agreement, a credit agreement, agreement or any other agreement with Us. • We or You terminate these Terms. The limitation on Our liability contained in this section shall be in addition to other limitations on Our liability provided for in these Terms, in other agreements between the parties, parties or provided by applicable law. Statements All payments and/or transfers made via the Services will be listed on Your monthly Account statements (“Statement”) that You receive from Us. Errors or Questions In case of errors or questions about your electronic transfers, telephone us at (000) 000-0000, Write Us at Bask Bank, Attn: Bask Bank Customer Support, 0000 Xxxxxxxx Xxxx Xxxxx 000, Xxxxxxxxxx, Xxxxx 00000, or E-mail Us at xxxxxxxxxxxxxxx@xxxxxxxx.xxx as soon as You can, if You think Your statement or receipt is wrong or if You need more information about a transfer listed on the statement or receipt. We must hear from You no later than sixty (60) days after We sent the FIRST statement on which the problem or error appeared and You must:.