The Bank’s Responsibilities Sample Clauses

The Bank’s Responsibilities. Bank agrees to use ordinary care in rendering Services under this Agreement. You recognize and agree that ordinary care does not mean error free. You agree to pay all attorneys’ fees, costs and expenses Bank may incur in collecting any sums you owe to Bank for overdrafts, service charges or otherwise or in enforcing any rights Bank may have under the terms of this Agreement or applicable law, rule or regulation applicable to your account(s) or the Services rendered by Bank under this Agreement. You also agree to pay all attorneys’ fees, costs and expenses that Bank may incur as the result of defending any claim or action made against Bank by you, or on your behalf where Bank is found not to be liable for such claim. In no event shall Bank be liable to you for attorneys’ fees incurred by you in any action brought by you against Bank. Our sole responsibility for an error in a transfer will be to correct the error. Without limiting the generality of the forgoing, we are not responsible for the following matters, or for errors or failures of our Services as result of:
Sample 1Sample 2Sample 3See All (11)
AutoNDA by SimpleDocs
The Bank’s Responsibilities. Bank agrees to use ordinary care in rendering Services under this Agreement and any applicable Service Agreement. You recognize and agree that ordinary care does not mean error free. You agree to pay all attorneys’ fees, costs and expenses Bank may incur in collecting any sums you owe to Bank for overdrafts, service charges or otherwise or in enforcing any rights Bank may have under the terms of this Agreement and any applicable Service Agreement or applicable law, rule or regulation applicable to your account(s) or the Services rendered by Bank under this Agreement and any applicable Service Agreement. You also agree to pay all attorneys’ fees, costs and expenses that Bank may incur as the result of defending any claim or action made against Bank by you, or on your behalf where Bank is found not to be liable for such claim. In no event shall Bank be liable to you for attorneys’ fees incurred by you in any action brought by you against Bank. Our sole responsibility for an error in a transfer will be to correct the error. Without limiting the generality of the forgoing, we will not be responsible for the following matters, or for errors or failures of our Services as result of:
Sample 1Sample 2Sample 3See All (8)
The Bank’s Responsibilities. The Bank’s duties and responsibilities shall only be those expressly set forth in this Agreement. The Bank hereby agrees that it shall at all times during the term of this Agreement exercise its reasonable care and efforts in performing its obligations hereunder. The Bank will perform such obligations and responsibilities in accordance with all applicable laws, including, but not limited to Securities and Exchange Commission (SEC”) rules and regulations. The Bank intends to rely on previously obtained exemptive relief orders issued by SEC in performing its responsibilities under this Agreement. Neither the Bank nor its agents shall be responsible for any loss or liability arising from their performance of the Bank’s duties under this Agreement, except for direct loss or liability (but not consequential or punitive damages) arising from the Bank’s, or its agent’s, willful misfeasance, bad faith or negligence in the performance of the Bank’s duties under this Agreement. In no event shall the Bank be liable for special, indirect or consequential damages, or lost profits or loss of business, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages and regardless of the form of action.
Sample 1Sample 2
The Bank’s Responsibilities. The Bank’s duties and responsibilities shall only be those expressly set forth in this Agreement. The Bank hereby agrees that it shall at all times during the term of this Agreement exercise its reasonable care and efforts in performing its obligations hereunder. The Bank will perform such obligations and responsibilities in accordance with all applicable laws, including, but not limited to Securities and Exchange Commission rules and regulations, as well as other interpretive guidance, no action positions or other pronouncements of the SEC and/or its staff. In particular, the Bank intends to rely on the Securities and Exchange Commission no-action letters entitled Sife Trust Fund (Feb. 17, 1982), Norwest Bank Minnesota, N.A. (May 25, 1995) and The Chase Manhattan Bank (July 24, 2001) in performing its responsibilities under this Agreement. Neither the Bank nor its agents shall be responsible for any loss or liability arising from their performance of the Bank’s duties under this Agreement, except for direct loss or liability (but not consequential or punitive damages) arising from the Bank’s, or its agent’s, willful misfeasance, bad faith or gross negligence in the performance of the Bank’s duties under this Agreement. The Bank agrees to reimburse each Customer and to hold each Customer harmless from and against any and all costs, expenses, damages, liabilities or claims, including reasonable fees and expenses of counsel incurred by each Customer which each Customer may sustain or incur or which may be asserted against each Customer by reason of or as a result of the Bank’s, or it’s agents’ willful misfeasance, bad faith or gross negligence in the performance of the Bank’s duties under this Agreement. In no event shall the Bank be liable for special, indirect or consequential damages, or lost profits or loss of business, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages and regardless of the form of action.
Sample 1
The Bank’s Responsibilities. Blissfield State Bank agrees to use ordinary care in rendering Services under this Agreement. You recognize and agree that ordinary care does not mean error free. You agree to pay all attorneys’ fees, costs and expenses we may incur in collecting any sums you owe to Blissfield State Bank for overdrafts, service charges or otherwise in enforcing any rights we may have under the terms of this Agreement or applicable law, rule or regulation applicable to your account(s) or the Services rendered by Blissfield State Bank under this Agreement. You also agree to pay all attorneys’ fees, costs and expenses that we may incur as the result of defending any claim or action made against Blissfield State Bank by you, or on your behalf where the bank is found not to be liable for such claim. In no event shall Blissfield State Bank be liable to you for attorneys’ fees incurred by you in any action brought by you against us. Our sole responsibility for an error in a transfer will be to correct the error. Without limiting the generality of the forgoing, we will not be responsible for the following matters, or for errors or failures of our Services as result of:
Sample 1
The Bank’s Responsibilities. The Bank’s duties and responsibilities shall only be those expressly set forth in this Agreement. The Bank hereby agrees that it shall at all times during the term of this Agreement exercise its reasonable care and efforts in performing its obligations hereunder. The Bank will perform such obligations and responsibilities in accordance with all applicable laws, including, but not limited to Securities and Exchange Commission rules and regulations. The Bank intends to rely on the Securities and Exchange Commission no-action letters entitled Sife Trust Fund (Feb. 17, 1982), Norwest Bank Minnesota, N.A. (May 25, 1995) and The Chase Manhattan Bank (July 24, 2001) in performing its responsibilities under this Agreement. Neither the Bank nor its agents shall be responsible for any loss or liability arising from their performance of the Bank’s duties under this Agreement, except for direct loss or liability (but not consequential or punitive damages) arising from the Bank’s, or its agent’s, willful misfeasance, bad faith or gross negligence in the performance of the Bank’s duties under this Agreement. In no event shall the Bank be liable for special, indirect or consequential damages, or lost profits or loss of business, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages and regardless of the form of action.
Sample 1
The Bank’s Responsibilities. The Bank shall be responsible for furnishing all the information, data, background, and particularities, as well as for performing manual, mechanized, or computerized procedures, where and as they are implemented and are required for ALTEC to be able to fulfill the obligations emanating from this Contract and ensure the stipulated Levels of Service. In particular, given their importance, Exhibit Nº 6 – Operating Requirements Agreement describes in detail the Bank’s undertakings that have been identified and acknowledged by both parties as critical or even moderately critical, for which the time and responsibilities for fulfillment thereof are stipulated. The Bank accepts that it knows how to provide and/or execute each of the undertakings stipulated in the aforementioned Exhibit, and likewise undertakes to timely update them in the event they undergo changes in any part of their content agreed upon by the parties. To ensure timely updating of said documentation, the topic shall be addressed at the Progress Meeting. If ALTEC falls into any kind of default upon the provisions of this Contract as a result of the Bank’s failure to make a delivery to ALTEC or to fulfill its undertakings, or of a failure to update the aforementioned Exhibit, ALTEC shall be exempt from any penalty or payment of indemnification to the Bank. The Bank shall give ALTEC logistical and physical access to its facilities, consistent with the General Information Security Policy in force. The entire Computing Platform and its respective basic software use licenses, together with the physical spaces in which they reside, are the Bank’s property, and the Bank is responsible for providing basic services and utilities, insurance, conservation and maintenance of civil constructions for said facilities, thereby allowing ALTEC to operate the Services provided from them. Exhibit Nº 7 – Technological Resources provides a detailed description of the equipment on hand and the locations that comprise the Bank’s Computing Platform. Effects of Default on Responsibilities To comply with the Service Level Agreement, ALTEC undertakes to follow the contingency procedures prescribed in Exhibit Nº 10 – Effects of Default on Operating Requirements Agreements, as well as to make every effort in its power to ensure the continuity of the processes, having compliance with the Service Levels as the final objective.
Sample 1
AutoNDA by SimpleDocs
The Bank’s Responsibilities. Xxxx agrees to use ordinary care in rendering Services under this Agreement. Customer recognizes and agrees that ordinary care does not mean error free. Customer agrees to pay all attorneys’ fees, costs and expenses Bank may incur in collecting any sums Customer owes to Bank for overdrafts, service charges or otherwise or in enforcing any rights Bank may have under the terms of this Agreement or applicable law, rule or regulation applicable to Customer’s account(s) or the Services rendered by Bank under this Agreement. Customer also agrees to pay all attorneys’ fees, costs and expenses that Bank may incur as the result of defending any claim or action made against Bank by Customer, or on Customer’s behalf where Bank is found not to be liable for such claim. In no event shall Bank be liable to Customer for attorneys’ fees incurred by Customer in any action brought by Customer against Bank. Our sole responsibility for an error in a transfer will be to correct the error. Without limiting the generality of the forgoing, we will not be responsible for the following matters, or for errors or failures of our Services as result of:
Sample 1
The Bank’s Responsibilities. The Bank − shall identify the payer on behalf of the Service Pro- vider, and − shall transfer to the Service Provider the payments in the account transfer orders given by the payer. The Bank is liable to ensure that the payment methods in point 2 are available to the payer in the Web Payment Service and to ensure that the Bank shall transfer the payments or debiting data accepted by the payer as de- scribed in point 2.2 above. The Bank is liable to identify the payer and the Service Provider. The Bank is liable to prevent the use of the passwords of the payer and/or of the Service Provider when the payer and/or the Service Provider has notified the Bank hereof, and when the Bank has had reasonable time to input the information into its systems. The Bank is liable to store the passwords in its possession in a way that prevents them from coming to the cognizance of a third party. The Bank is not responsible if payment information sent by the Service Provider does not reach the Bank’s sys- tem, or if a confirmation sent by the Bank does not reach the company’s system. It is the Service Provider’s obligation that a link from the portal to the Web Payment Service can be viewed and used by the customers in the portal so that the custom- ers have a possibility of linking on to the Web Payment Service through the link. The Service Provider is responsible for the protection and secrecy of the telecommunication link used for transferring payment material, including the related en- cryption and identifying method, in the way required by the Bank.
Sample 1

Related to The Bank’s Responsibilities

  • ALPS’ Responsibilities In connection with its performance of TA Web, ALPS shall:

  • Other Responsibilities The Responsibility factors also take account of any responsibility the jobholder may have through the provision of advice and guidance on policies and procedures, research or the adaptation or development of existing or new policies and procedures. An assessment tool has been developed to help ensure that advisory, policy and similar ‘hands off’ responsibilities, such as research or democratic services, are correctly measured and allocated to the appropriate Responsibility factor. It is recommended that jobs are first evaluated on their ‘hands on’ responsibilities under each Responsibility factor and that an assessment is then made of the level of advisory/policy responsibilities and the factor to which it should be allocated.

  • Owners Responsibilities 2.1. The Owner shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONTRACTOR's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONTRACTOR that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:

  • Joint Responsibilities 2.1.1 University and Affiliate each will identify, and notify each other of, a person responsible for serving as its liaison during the course of this affiliation. The appointment of liaisons shall be subject to mutual approval of the parties.

  • Specific Responsibilities In addition to its overall responsibility for monitoring and providing a forum to discuss and coordinate the Parties’ activities under this Agreement, the JSC shall in particular:

  • General Responsibilities Issuer hereby engages Distributor to act as exclusive distributor of the shares of each class of the Funds. The Funds subject to this Agreement as of the date hereof are identified on SCHEDULE A, which may be amended from time to time in accordance with Section 11 below. Sales of a Fund's shares shall be made only to investors residing in those states in which such Fund is registered. After effectiveness of each Fund’s registration statement, Distributor will hold itself available to receive, as agent for the Fund, and will receive by mail, telex, telephone, or such other method as may be agreed upon between Distributor and Issuer, orders for the purchase of Fund shares, and will accept or reject such orders on behalf of the Fund in accordance with the provisions of the applicable Fund’s prospectus. Distributor will be available to transmit orders, as promptly as possible after it accepts such orders, to the Fund’s transfer agent for processing at the shares’ net asset value next determined in accordance with the prospectuses.

  • Client Responsibilities You are responsible for (a) assessing each participants’ suitability for the Training, (b) enrollment in the appropriate course(s) and (c) your participants’ attendance at scheduled courses.

  • Custodial Responsibilities ARTICLE IX

  • Position Duties Responsibilities 3.01 It is contemplated that at all times during the Period of Employment the Executive shall continue to serve as a principal officer of the Company with the office and title of Vice President, General Counsel of the Company and continue to have duties and responsibilities commensurate with those duties and responsibilities imposed on the Executive immediately prior to the Effective Date.

  • Monitoring Responsibilities The Custodian shall furnish annually to the Fund, during the month of June, information concerning the foreign sub-custodians employed by the Custodian. Such information shall be similar in kind and scope to that furnished to the Fund in connection with the initial approval of this Contract. In addition, the Custodian will promptly inform the Fund in the event that the Custodian learns of a material adverse change in the financial condition of a foreign sub-custodian or any material loss of the assets of the Fund or in the case of any foreign sub-custodian not the subject of an exemptive order from the Securities and Exchange Commission is notified by such foreign sub-custodian that there appears to be a substantial likelihood that its shareholders' equity will decline below $200 million (U.S. dollars or the equivalent thereof) or that its shareholders' equity has declined below $200 million (in each case computed in accordance with generally accepted U.S. accounting principles).

Time is Money Join Law Insider Premium to draft better contracts faster.