Payment of Exception Checks Sample Clauses

Payment of Exception Checks. Business Entity agrees to promptly review and verify the Exception Check Report included in the Presentment Report and submit a timely Return Request to Extraco as provided in this Agreement for any Exception Check the Business Entity objects to payment. Extraco may finally pay and charge to the Authorized Account any Exception Check provided that Business Entity has not objected to such payment in a timely Return Request. Extraco shall not be obligated to comply with any Return Request received in a format or medium, after a deadline, or in a manner not permitted under this Agreement.
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Payment of Exception Checks. Business Entity agrees to promptly review and verify the Exception Check Report and submit a timely Return Request to Extraco as provided in this Agreement for any Exception Check the Business Entity objects to payment. Extraco may finally pay and charge to the Authorized Account any Exception Check provided that Business Entity has not objected to such payment in a timely Return Request. Extraco shall not be obligated to comply with any Return Request received in a format or medium, after a deadline, or in a manner not permitted under this Agreement. Payment of ACH Exception Items Business Entity will define all Authorization Rules for an Authorized Account. Authorization Rules will be compared against ACH Items presented to Extraco for payment. ACH Items presented for payment will include all items received by Extraco in cash letters from the Federal Reserve Bank, correspondent and other banks. Extraco will process ACH Items according to the Authorization Rules provided by the Business Entity. ACH Excluded Items are specifically excluded from ACH Items and ACH Exception Items, and will post to the Authorized Account so long as funds are available in the Authorized Account. Extraco will identify all ACH Exception Items on an ACH Exception Item Report. Business Entity agrees to promptly review and verify the Exception ACH Item Report and submit a timely Return Request to Extraco as provided in this Agreement for any ACH Exception Items the Business Entity objects to pay. Extraco may finally pay and charge to the Authorized Account any ACH Exception Item provided that Business Entity has not objected to such payment in a timely Return Request. Extraco shall not be obligated to comply with any Return Request received after a deadline or in a manner not permitted under this Agreement.
Payment of Exception Checks. If we pay an Exception Check in error, we will be liable to you for the lesser of the amount of the wrongfully paid Exception Check or the actual damages you suffer from our payment of the Exception Check. However, if payment of the Exception Check discharged an indebtedness or obligation of yours and because of this you have no actual damages or reduced damages, then you agree that our liability to you is reduced to the same extent.

Related to Payment of Exception Checks

  • Payment of Expenses The Company hereby agrees to pay, to the extent not paid at Closing, all Company expenses incidental to the performance of the obligations of the Company under this Agreement, including but not limited to (i) the Company’s legal and accounting fees and disbursements, (ii) the preparation, printing, filing, mailing and delivery (including the payment of postage with respect to such mailing) of the Registration Statement, the Preliminary Sale Prospectus and the Prospectus, including any pre or post effective amendments or supplements thereto, and the printing and mailing of this Agreement and related documents, including the cost of all copies thereof and any amendments thereof or supplements thereto supplied to the Underwriters in quantities as may be required by the Underwriters, (iii) fees incurred in connection with conducting background checks of the Company’s management team, up to a maximum of $2,000 per principal or $20,000 in the aggregate, (iv) the preparation, printing, engraving, issuance and delivery of the Units, the Common Stock and the Warrants included in the Units, including any transfer or other taxes payable thereon, (v) filing fees incurred in registering the Offering with FINRA and the reasonable fees of counsel to the Representative not to exceed $15,000 in connection therewith, (vi) fees, costs and expenses incurred in listing the Securities on Nasdaq or such other stock exchanges as the Company and the Representative together determine, (vii) all fees and disbursements of the transfer and warrant agent, (viii) all of the Company’s expenses associated with “due diligence” and “road show” meetings arranged by the Representative and any presentations made available by way of a netroadshow, including without limitation trips for the Company’s management to meet with prospective investors, all travel, food and lodging expenses associated with such trips incurred by the Company or such management; (ix) $100,000 to Odeon for its services and expenses as the QIU; and (x) all other costs and expenses customarily borne by an issuer incidental to the performance of its obligations hereunder which are not otherwise specifically provided for in this Section 3.10. If the Offering is consummated, the Representative may deduct from the net proceeds of the Offering payable to the Company on the Closing Date the expenses set forth above (which shall be mutually agreed upon between the Company and the Representative prior to Closing) to be paid by the Company to the Representative and others. If the Offering is not consummated for any reason (other than a breach by the Representative of any of its obligations hereunder), then the Company shall reimburse the Representative in full for its out-of-pocket accountable expenses actually incurred through such date, including, without limitation, reasonable fees and disbursements of counsel to the Representative.

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