Duty to Review. The Trustee shall have no duty to review or analyze reports delivered to it. Delivery of such reports, information and documents to the Trustee pursuant to Section 5.01 is for informational purposes only, and the Trustee’s receipt thereof shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants under this Indenture (as to which the Trustee is entitled to certificates). The Trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, the Issuer’s compliance with the covenants or with respect to any reports or other documents filed with the Commission or any website under the indenture, or participate in any conference calls.
Duty to Review. You shall promptly review the reports and statements provided to you by us for accuracy and completeness. You shall immediately notify us of any error in a report or statement provided to you. Reports and statements for which no notice of error is received within ten (10) Business Days shall be deemed correct. DEADLINES A Service may be subject to deadlines or processing cut-off times as described in the applicable User Documentation for the Service or otherwise communicated to you by us from time to time. Instructions or Data received after a deadline or cut-off time are deemed received on our next Business Day. We may accept and attempt to process instructions or Data received by us after our deadline or cut-off times, but we shall have no obligation to do so and shall not be responsible if we accept and attempt to process instructions or Data and are unable to do so until our next Business Day.
Duty to Review. You shall promptly review the reports and statements provided to you by us for accuracy and completeness. You shall immediately notify us of any error in a report or statement provided to you. Reports and statements for which no notice of error is received within ten (10) Business Days shall be deemed correct. DEADLINES A Service may be subject to deadlines or processing cut-off times as described in the applicable User Documentation for the Service or otherwise communicated to you by us from time to time. Instructions or Data received after a deadline or cut-off time are deemed received on our next Business Day. We may accept and attempt to process instructions or Data received by us after our deadline or cut-off times, but we shall have no obligation to do so and shall not be responsible if we accept and attempt to process instructions or Data and are unable to do so until our next Business Day. FUNDS TRANSFERS Electronic fund transfers which are not consumer electronic fund transfers governed by the Electronic Fund Transfer Act and Regulation E are governed by the Uniform Commercial Code ("UCC") applicable to your Account(s), the rules and regulations of the fund transfers system through which the funds are sent and by the terms and conditions stated in this disclosure. These fund transfers include transfers to or from accounts through the Federal Reserve Bank system by means of Fedwire or, internationally, through SWIFT (the Society for Worldwide Interbank Financial Telecommunication), transfers through the automated clearing house that are subject to the ACH applicable rules or other fund transfer systems and transfers between accounts at our different branches ("on us" transfers). The terms and conditions that follow apply if you request that we act as the "Originating Bank" for a "payment order" from you or as the "Beneficiary Bank" for a payment order to you as these terms are defined in the UCC. These terms do not generally apply to transfers originated by check, draft or other written item. Any Authorized Signer on an account may initiate an electronic fund transfer from the Account by means of a payment order unless you and we have otherwise agreed. Electronic transfers may be initiated by payment order in the form of a written communication received directly or by facsimile transmission, orally, by telephone or electronically. If an Authorized Xxxxxx uses a facsimile signature, we may rely and act upon the signature as stated under the Acco...
Duty to Review i) Your duty to report unauthorized signatures, alterations, forgeries, and other unauthorized items or debits. You are required under the law to review each periodic account statement with "reasonable promptness." You must report promptly to us any unauthorized signatures, alterations, forgeries, or other unauthorized items or transactions. You must also examine copies of checks or other transactions on your account for unauthorized, missing, or forged endorsements for which you should have a reasonable basis to identify as authentic or valid. Failure to notify us as required by law and these provisions under this Agreement prevents you from claiming reimbursement or restoration of the loss from any of these items. The loss includes not only the original unauthorized item itself but also any additional items from the same wrongdoer. You agree that “reasonable promptness” for reviewing your statement and reporting unauthorized, altered, or forged items will depend on the surrounding circumstances; nevertheless, you agree that this period will never be longer than 30 days, no matter the surrounding circumstances. You also agree that failure to report unauthorized signatures, alterations, forgeries, or other unauthorized items, transactions, debits, or other errors in your account within 30 days of when we first send or make the statement available to you forecloses you from claiming from us any reimbursement of the unauthorized item or correction of the error.
Duty to Review. You agree to review promptly all statements, notices, and transaction information made available to you, and to report all unauthorized transactions to Modern Bank immediately. ERRORS AND QUESTIONS In case of any questions or errors regarding an Online Banking or Online Xxxx Payment transaction, including if your account statement or information shows transfers you did not make, immediately notify Modern Bank at (000) 000-0000 or write a letter and send it to: Modern Bank N.A. 000 Xxxx Xxx, Xxxxx 000 Xxx Xxxx, XX 00000 Attention: Service Officers We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared. If you do not notify Modern Bank within sixty (60) days after the statement was mailed (or made available to you via Online Banking) to you, you may not recover any money lost after the sixty (60) days which would not have been lost if Modern Bank had been notified in time. We will need from you the following information: * Your name and account number; * The dollar amount of the suspected error; * The date on which it occurred; and * A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information. You agree to cooperate with us in the investigation of any claim or dispute and provide us with information and documentation as may be necessary in order to assist us in resolving your claim or dispute. If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days (five (5) Business Days for Visa-branded Debit Card point-of-sale transactions processed by Visa and twenty (20) Business Days if the transfer involved a new account) from your initial contact. We will notify you with the results of the investigation within ten (10) Business Days (five (5) Business Days for Visa-branded Debit Card point-of-sale transactions processed by Visa and twenty (20) Business Days if the transfer involved a new account) after you contact us and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) calendar days (ninety (90) days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate a complaint or question. If this occurs, we will credit your account within ten (10) Business Days for t...
Duty to Review. The Trustee shall have no duty to review or analyze reports delivered to it. Delivery of such reports, information and documents to the Trustee pursuant to Section 3.03 is for informational purposes only, and the Trustee’s receipt thereof shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants under this Indenture (as to which the Trustee is entitled to Officer’s Certificates). The Trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, the Company’s compliance with the covenants or with respect to any reports or other documents filed with the SEC or EXXXX or any website under the Indenture, or participate in any conference calls.
