Common use of Refusal to Act Clause in Contracts

Refusal to Act. The Customer agrees that the Bank may, at any time and at its discretion, without giving any reason, refuse to act on any Fax Instruction, including without limitation, where: (a) the signature signed or seal/chop affixed on the Fax Instructions or on any copies of any faxed document is obscure or otherwise difficult to verify, (b) the Bank considers that there are suspicious materials contained in any Fax Instruction, (c) the transaction is of a type that may only be made by way of original documents, or (d) the contemplated transaction requires the Customer to appear in person. The Bank may (but shall not be obliged to) use reasonable endeavors to notify the Customer as soon as reasonably practicable of its refusal to act on such Fax Instruction, but the Bank will not in any way be responsible for any loss howsoever incurred whether (directly or indirectly) by the Customer or any person arising from the Bank’s refusal to act in accordance with the Fax Instruction, notwithstanding that the Customer may not have been informed of such refusal.

Appears in 5 contracts

Samples: Agreement, Agreement, Agreement

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Refusal to Act. The Customer agrees that the Bank may, at any time and at its discretion, without giving any reason, refuse to act on any Fax Instruction, including without limitation, where: (a) the signature signed or seal/chop affixed on the Fax Instructions or on any copies of any faxed document is obscure or otherwise difficult to verify, (b) the Bank considers that there are suspicious materials contained in any Fax Instruction, (c) the transaction is of a type that may only be made by way of original documents, (d) the PIN code in any Fax Instruction does not match the Bank’s records or (de) the contemplated transaction requires the Customer to appear in person. The Bank may (but shall not be obliged to) use reasonable endeavors to notify the Customer as soon as reasonably practicable of its refusal to act on such Fax Instruction, but the Bank will not in any way be responsible for any loss howsoever incurred whether (directly or indirectly) by the Customer or any person arising from the Bank’s refusal to act in accordance with the Fax Instruction, notwithstanding that the Customer may not have been informed of such refusal.

Appears in 2 contracts

Samples: Agreement, Agreement

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