Common use of Review of Statements Clause in Contracts

Review of Statements. Depending on the type of account, we will mail or otherwise make account statements available to you. If we mail your statements, we will mail them to your address as shown on our records. If you request that we hold your mail, you agree that we have made your statements and items available to you on the date the statement is prepared. If your account provides for (i) your items to be held by us instead of included with your statement, or (ii) images of your items (referred to herein as “item images”), rather than the items themselves, to be included with your statement, the original items will be deemed to be made available to you when your statement is made available. We keep the original items only for a limited period of time, after which we keep copies of the items for as long as the law requires. You may obtain a copy of an original check for a charge per copy as permitted by applicable law and set forth in our Disclosure and Fee Schedule. You agree that you will not be allowed to claim, as an excuse for not promptly reviewing your statements and items or item images, that (i) the statements, items or item images were intercepted or concealed by another person, (ii) you no longer resided or received mail at the address we had for you in our account records, (iii) any other similar reason. For purposes of this section, an “irregular item” includes, but is not limited to, a check, other item or debit (electronic or otherwise) paid against your account which contains an unauthorized signature, lacks a required signature, contains a forged endorsement, lacks a required endorsement, constitutes an unauthorized withdrawal, is altered, or is otherwise irregular. You acknowledge that you are in the best position to discover any irregular item and any irregular transactions with respect to your account. You agree that you will promptly and carefully examine statements made available to you and any accompanying items or item images. We will not be liable for payments made and charged to your account unless you notify us of the error or other irregularity within 30 calendar days of the statement being made available to you. Furthermore, you agree that we will not be liable for paying any other irregular item which contains an unauthorized signature or alteration, or was otherwise initiated, by the same wrongdoer. We reserve the right to exercise all defenses and counterclaims in the event of a dispute regarding an item. Notwithstanding the foregoing paragraph, any item governed by the Check 21 Act, Regulation E, or VISA rules will be governed by the terms and timing of each individual rule.

Review of Statements. Depending on the type of account, we will mail or otherwise make account statements available to you. If we mail your statements, we will mail them to your address as shown on our records. If you request that we hold your mail, you agree that we have made your statements and items available to you on the date the statement is prepared. If your account provides for (i) your items to be held by us instead of included with your statement, or (ii) images of your items (referred to herein as “item images”), rather than the items themselves, to be included with your statement, the original items will be deemed to be made available to you when your statement is made available. We keep the original items only for a limited period of time, after which we keep copies of the items for as long as the law requires. You may obtain a copy of an original check for a charge per copy as permitted by applicable law and set forth in our Disclosure and Fee Schedule. You agree that you will not be allowed to claim, as an excuse for not promptly reviewing your statements and items or item images, that (i) the statements, items or item images were intercepted or concealed by another person, (ii) you no longer resided or received mail at the address we had for you in our account records, (iii) any other similar reason. For purposes of this section, an “irregular item” includes, but is not limited to, a check, other item or debit (electronic or otherwise) paid against your account which contains an unauthorized signature, lacks a required signature, contains a forged endorsement, lacks a required endorsement, constitutes an unauthorized withdrawal, is altered, or is otherwise irregular. You agree that you will promptly and carefully examine statements made available to you and any accompanying items or item images. You acknowledge that you are in the best position to discover any irregular item and any irregular transactions with respect to your account. You agree that you will promptly and carefully examine statements made available Notwithstanding any provision of law to you and any accompanying items or item images. We will not be liable for payments made and charged to your account unless you notify us of the error or other irregularity within 30 calendar days of the statement being made available to you. Furthermorecontrary, you agree that we will not be liable for paying any other an irregular item which contains an unauthorized signature or alteration, or was otherwise initiated, by the same wrongdoer. We reserve the right to exercise all defenses and counterclaims in the event of a dispute regarding an item. Notwithstanding the foregoing paragraph, any item governed by the Check 21 Act, Regulation E, or VISA rules will be governed by the terms and timing of each individual rule.if:

Review of Statements. Depending on the type of account, we will mail or otherwise make account statements available to you. If we mail You must promptly review your statements, we will mail them to your address as shown on our records. If you request that we hold your mailchecks, you agree that we have made your statements debit slips, items, and items available to you on the date the statement is prepared. If your account provides for (i) your items to be held by us instead of included with your statement, any other records sent or (ii) images of your items (referred to herein as “item images”), rather than the items themselves, to be included with your statement, the original items will be deemed to be made available to you when (whether by mail, at our offices or electronically) to determine whether any debit to your statement is made available. We keep the original items only Account was improper, unauthorized, suspicious, or fraudulent because of an unauthorized drawer’s signature, alteration or unauthorized endorsement on an item or withdrawal request or for a limited period of timeany other reason (collectively, after which we keep copies of the items for as long as the law requires“Unauthorized Debit”). You may obtain a copy must provide written notice to Bank of an original check for a charge per copy as permitted by applicable law Unauthorized Debit immediately upon discovery and set forth in our Disclosure and Fee Schedule. You agree that you will not be allowed to claim, as an excuse for not promptly reviewing your statements and items no event more than fourteen (14) days after the first statement containing the first Unauthorized Debit was sent or item images, that (i) the statements, items or item images were intercepted or concealed by another person, (ii) you no longer resided or received mail at the address we had for you in our account records, (iii) any other similar reason. For purposes of this section, an “irregular item” includes, but is not limited to, a check, other item or debit (electronic or otherwise) paid against your account which contains an unauthorized signature, lacks a required signature, contains a forged endorsement, lacks a required endorsement, constitutes an unauthorized withdrawal, is altered, or is otherwise irregular. You acknowledge that you are in the best position to discover any irregular item and any irregular transactions with respect to your account. You agree that you will promptly and carefully examine statements made available to you and any accompanying items or item images. We will not be liable for payments made and charged to your account unless you notify us of the error or other irregularity within 30 calendar days of the statement being made available to you. FurthermoreSuch notice shall include identifying the Unauthorized Debit by item number, amount, payee, date, and the reason that you are objecting to the Unauthorized Debit and any other information that we may request. If you fail to timely discover and report an Unauthorized Debit, you agree will be precluded from asserting against us (i) the Unauthorized Debit (if we prove that we will not be liable for paying suffered a loss by reason of your untimely report) and (ii) any other irregular Unauthorized Debit by the same wrongdoer (if paid in good faith by us before we received your report and after you have had a reasonable time not exceeding fourteen (14) days after the first statement containing the first Unauthorized Debit was sent or otherwise made available to you). If the previous sentence applies and you prove that we failed to exercise ordinary care in paying the item constituting the Unauthorized Debit, which contains failure substantially contributed to the loss, then the loss will be allocated between you and us according to the extent to which each of you and we failed to exercise ordinary care. For avoidance of doubt, Bank shall be deemed to have exercised ordinary care if it effected any Online Banking request, Entry, intra-Account transfer, Online Banking stop payment request, or other funds Online Banking transfer (any of which, an “OLB Transaction”) with User IDs and/or passwords associated with the Client and/or Client’s Users, unless Client first provided notice of Unauthorized Transactions involving such User IDs and/or Passwords and Bank had reasonable time to act upon such notice. If you elect to review your statements electronically via the Internet, you authorize us to retain and copy at our expense all checks, drafts, debits, and credit advice for the Account. After the original documents have been copied, they will be destroyed, but will be available for viewing online for a period of one (1) year. Copies of items are maintained by us as required by law. The same restrictions for notifying us about an unauthorized signature signature, unauthorized endorsement, or alteration, or was otherwise initiatedas contained in this Agreement, by the same wrongdoer. We reserve the right apply to exercise all defenses and counterclaims in the event of a dispute regarding an item. Notwithstanding the foregoing paragraph, any item governed by the Check 21 Act, Regulation E, or VISA rules will be governed by the terms and timing of each individual ruleelectronic statements.