Indemnification and Liability; Third Party Claims. In addition to the other indemnities set forth in this Agreement, you hereby indemnify Bank and each of its parents, subsidiaries and affiliates and their respective officers, directors, employees, members, partners, agents, insurers and attorneys (each an "Indemnified Party" and, collectively, the "Indemnified Parties") for, and hold each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorneys' fees) of any nature or kind (including those by third parties) arising out of, or related to, this Agreement, including all actions, causes of action, claims, damages, liabilities and expenses arising out of, related to or resulting from: (a) your (i) failure to report required changes, (ii) transmission of incorrect data to Bank or (iii) failure to maintain compliance with the Rules, (b) (i) Bank's provision of the Service, or (ii) Bank's action or inaction in accordance with, or in reliance upon, any instructions or information received from any person reasonably believed by Bank to be you, (c) your breach of any of your representations, warranties, covenants or other agreements or responsibilities under this Agreement and/or (d) your breach or violation of any Rules; provided, however, you are not obligated to indemnify Bank for any damages solely and proximately caused by Bank's gross negligence or willful misconduct.
Indemnification and Liability; Third Party Claims. IN ADDITION TO ANY OTHER INDEMNIFICATIONS CONTAINED ELSEWHERE IN THIS MOBILE DEPOSIT AGREEMENT, YOU HEREBY INDEMNIFY THE BANK AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARTNERS, AGENTS, INSURERS, AND ATTORNEYS (EACH AN “INDEMNIFIED PARTY” AND, COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FOR, AND HOLDS EACH OF THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST, ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DAMAGES, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY NATURE OR KIND (INCLUDING THOSE BY THIRD PARTIES) ARISING OUT OF, OR RELATED TO, THIS MOBILE DEPOSIT AGREEMENT, INCLUDING ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DAMAGES, LIABILITIES AND EXPENSES ARISING OUT OF, RELATED TO OR RESULTING FROM: (A) YOUR (I) FAILURE TO REPORT REQUIRED CHANGES OR ERRORS, (II) TRANSMISSION OF INCORRECT DATA TO THE BANK OR (III) FAILURE TO MAINTAIN COMPLIANCE WITH THE THIS MOBILE DEPOSIT AGREEMENT, THE PROCEDURES, OR APPLICABLE LAWS, REGULATIONS, OR RULES, (B) (I) THE BANK’S PROVISION OF THE DEPOSIT SERVICE, AND/OR (II) THE BANK’S ACTION OR INACTION IN ACCORDANCE WITH, OR IN RELIANCE UPON, ANY INSTRUCTIONS OR INFORMATION RECEIVED FROM ANY PERSON THE BANK REASONABLY BELIEVES TO BE YOU,
Indemnification and Liability; Third Party Claims. In addition to any other indemnification herein, Customer hereby indemnifies and agrees to reimburse, protect, defend and hold Bank and each of its parents, subsidiaries and affiliates and their respective officers, directors, employees, and agents harmless from and against, all actions, causes of action, claims, damages, loss, liabilities, including without limitation all incidental and consequential damages, and all reasonable out-of-pocket expenses (including reasonable attorneys’ fees) of any nature or kind (including those by third parties) arising directly or indirectly from: (a) any breach of warranty or other breach, or failure to by Customer under the terms of this Agreement; (b) any warranty or indemnity claim brought against Bank by a third party under 12 CFR 229.52, 12 CFR 229,53 or other regulations in connection with a File transmitted to Bank by Customer; (c) any loss by any recipient of an Image Item processed by Bank if that loss occurred due to the receipt of an Imaged Item instead of the Check; any wrongful acts or omissions of Customer or any person acting on Customer’s behalf in connection with Customer’s use of the Service provided, however, Customer is not obligated to indemnify Bank for any damages solely and proximately caused by Bank’s gross negligence or willful misconduct. The terms of this paragraph shall survive the termination of this Agreement. * * * End of Terms and Conditions for Image Cash Letter Services * * *
Indemnification and Liability; Third Party Claims. Member hereby indemnifies Nusenda and each of its parents, subsidiaries and affiliates and their respective officers, directors, employees, members, partners, agents, insurers and attorneys (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) for, and holds each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorneys’ fees) of any nature or kind (including those by third parties) arising out of, or related to, this Agreement, including all actions, causes of action, claims, damages, liabilities and expenses arising out of, related to or resulting from:
Indemnification and Liability; Third Party Claims. You hereby indemnify Bank and each of its parents, subsidiaries and affiliates and their respective officers, directors, employees, members, partners, agents, insurers and attorneys (each and “Remote Deposit Indemnified Party” and, collectively, the “Remote Deposit Indemnified Parties”) for, and hold each of the Remote Deposit Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorneys’ fees) of any nature or kind (including those by third parties) arising out of, or related to, this Agreement, including all actions, causes of action, claims, damages, liabilities and expenses arising out of, related to or resulting from: (a) your (i) failure to report required changes, (ii) transmission of incorrect data to the Bank, (iii) failure to maintain compliance with the RDC Rules,
Indemnification and Liability; Third Party Claims. The terms of this Section shall survive the termination of this Agreement. Customer hereby indemnifies Bank and each of its parents, subsidiaries and affiliates and their respective officers, directors, employees, members, partners, agents, insurers and attorneys (each "Indemnified Party" and, collectively, the "Indemnified Parties") for, and holds each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorneys' fees) of any nature or kind (including those by third parties) arising out of, or related to, this Agreement, including all actions, causes of actions, claims, damages, liabilities and expenses arising out of, related to or resulting from:
Indemnification and Liability; Third Party Claims. You indemnify the Credit Union and their respective officers, directors, employees, members, partners, agents, insurers, and attorneys (each and “Indemnified Party” and, collectively, the “Indemnified Parties”) for, and holds each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorney’s fees) of any nature or kind (including those by third parties) arising out of, related to or resulting from: (a) your (i) failure to report required changes, (ii) transmission of incorrect data to the Credit Union or (iii) failure to maintain compliance with the Rules, (iv) destruction of original Checks, (v) deposit of an electronic representation of a substitute check into an Account instead of an original Check, (vi) deposit of a prohibited check;
Indemnification and Liability; Third Party Claims. To the extent permitted by law, Customer hereby agrees to indemnify Bank and each of its parents, subsidiaries and affiliates and their respective officers, directors, employees, members, partners, agents, insurers and attorneys (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) for, and holds each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorneys’ fees) of any nature or kind (including those by third parties) arising out of, or related to, this Agreement, including all actions, causes of action, claims, damages, liabilities and expenses arising out of, related to or resulting from: (a) Customer’s (i) failure to report required changes, (ii) transmission of incorrect data to Bank, (iii) failure to maintain compliance with the Rules, (iv) destruction of original Checks, (v) deposit of an electronic representation of a substitute check into an Account instead of an original Check, (vi) deposit of a prohibited check; (b) (i) Bank’s provision of the Service, (ii) Bank’s action or inaction in accordance with, or in reliance upon, any instructions or information received from any person reasonably believed by Bank to be an authorized representative of Customer, (c) any and all actions taken by End Users as it relates to this Agreement,
Indemnification and Liability; Third Party Claims. In addition to the indemnification provisions contained in the General Terms and Conditions, Customer hereby indemnifies Bank and each of its parents, subsidiaries and affiliates and their respective officers, directors, employees, members, partners, agents, insurers and attorneys (each and “Indemnified Party” and, collectively, the “Indemnified Parties”) for, and holds each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorneys’ fees) of any nature or kind (including those by third parties) arising out of, or related to, the Remote Deposit Service, including all actions, causes of action, claims, damages, liabilities and expenses arising out of, related to or resulting from Customer’s: (i) destruction of original Checks, (ii) deposit of an electronic representation of a substitute check into an Account instead of an original Check, and/or (iii) deposit of a prohibited check; provided, however, Customer is not obligated to indemnify Bank for any damages solely and proximately caused by Bank’s gross negligence or willful misconduct. The terms of this paragraph shall survive the termination of the Remote Deposit Service.
Indemnification and Liability; Third Party Claims. You hereby indemnify United Valley Bank and each of its parents, subsidiaries and affiliates and their respective officers, directors, employees, members, partners, agents, insurers and attorneys (each and “Indemnified Party” and, collectively, the “Indemnified Parties”) for, and hold each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorneys’ fees) of any nature or kind (including those by third parties) arising out of, or related to, this Agreement, including all actions, causes of action, claims, damages, liabilities and expenses arising out of, related to or resulting from: (a) your (i) failure to report required changes, (ii) transmission of incorrect data to us or
