Common use of Responsibility for the Detection of Errors and Unauthorized Payment Orders Clause in Contracts

Responsibility for the Detection of Errors and Unauthorized Payment Orders. The Lender hereby acknowledges that the Agent will act on the basis of the Beneficiary Account Number given above. The Agent shall not be responsible for confirming that the Beneficiary Name owns the Beneficiary Account Number specified. The Agent shall not be liable for interest on the amount of any Payment Order that was not authorized or was erroneously executed unless the Lender so notifies the Agent within thirty (30) business days following the Lender’s receipt of notice that such Payment Order had been processed. If a Payment Order was not authorized by the Lender or interest on any amount is payable by the Agent to the Lender, the liability of the parties will be governed by the applicable provisions of Article 4A of the Uniform Commercial Code of the State of New York. Notwithstanding anything in this Funds Transfer Standing Instruction and the SLA to the contrary, the Agent shall in no event be liable for any consequential or special damages under this Funds Transfer Standing Instruction, even if the Agent has been advised of the possibility of such damages.

Appears in 8 contracts

Samples: Securities Lending Agency Agreement (Krane Shares Trust), Lending Agency Agreement (Pointbreak ETF Trust), Securities Lending Agency Agreement (USCF ETF Trust)

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Responsibility for the Detection of Errors and Unauthorized Payment Orders. The Lender Borrower hereby acknowledges that the Agent will act on the basis of the Beneficiary Account Number given above. The Agent shall not be responsible for confirming that the Beneficiary Name owns the Beneficiary Account Number specified. The Agent shall not be liable for interest on the amount of any Payment Order that was not authorized or was erroneously executed unless the Lender Borrower so notifies the Agent within thirty (30) business days following the Lender’s Borrower's receipt of notice that such Payment Order had been processed. If a Payment Order was not authorized by the Lender Borrower or interest on any amount is payable by the Agent to the LenderBorrower, the liability of the parties will be governed by the applicable provisions of Article 4A of the Uniform Commercial Code of the State of New York. Notwithstanding anything in this Funds Transfer Standing Instruction and the SLA to the contrary, the Agent shall in no event be liable for any consequential or special damages under this Funds Transfer Standing Instruction, even if the Agent has been advised of the possibility of such damages.

Appears in 1 contract

Samples: Securities Lending Agency Agreement (Japan Fund Inc)

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Responsibility for the Detection of Errors and Unauthorized Payment Orders. The Lender Borrower hereby acknowledges that the Agent will act on the basis of the Beneficiary Account Number given above. The Agent shall not be responsible for confirming that the Beneficiary Name owns the Beneficiary Account Number specified. The Agent shall not be liable for interest on the amount of any Payment Order that was not authorized or was erroneously executed unless the Lender Borrower so notifies the Agent within thirty (30) business days following the LenderBorrower’s receipt of notice that such Payment Order had been processed. If a Payment Order was not authorized by the Lender Borrower or interest on any amount is payable by the Agent to the LenderBorrower, the liability of the parties will be governed by the applicable provisions of Article 4A of the Uniform Commercial Code of the State of New York. Notwithstanding anything in this Funds Transfer Standing Instruction and the SLA to the contrary, the Agent shall in no event be liable for any consequential or special damages under this Funds Transfer Standing Instruction, even if the Agent has been advised of the possibility of such damages.

Appears in 1 contract

Samples: Securities Lending Agency Agreement (American Beacon Funds)

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