Responsibility of the Bank. The Bank shall have no responsibility or liability to the Secured Party for executing settlements of Financial Assets held in the Account at the direction of the Customer or its authorized representatives, or complying with Entitlement Orders or other directions concerning the Account from the Customer or its authorized representatives, which are received by the Bank before the Bank has received, and had a reasonable opportunity to comply with, a Notice of Exclusive Control. The Bank shall have no responsibility or liability to the Customer for complying with a Notice of Exclusive Control or complying with Entitlement Orders or other directives concerning the Account originated by the Secured Party. The Bank shall have no duty to investigate or make any determination as to whether a default exists under any agreement between the Customer and the Secured Party and shall comply with a Notice of Exclusive Control even if it believes that no such default exists. This Agreement does not create any obligation or duty for the Bank other than those expressly set forth herein.
Responsibility of the Bank. 4.1. The Bank shall be liable for violations related to the banking services of the Lessee within the limits established by the legislation of the Republic of Kazakhstan and this Agreement.
Responsibility of the Bank. The Bank shall have no responsibility or liability to the Secured Party for executing settlements of Financial Assets held in the Account at the direction of an Authorized Person of the Customer, or complying with Entitlement Orders or other directions concerning the Account from an Authorized Person of the Customer which are received by the Bank before the Bank has received, and had a reasonable opportunity to comply with, a Notice of Exclusive Control. The Bank shall have no responsibility or liability to the Customer for complying with a Notice of Exclusive Control or complying with Entitlement Orders or other directives concerning the Account originated by the Secured Party following the Bank’s receipt of a Notice of Exclusive Control. The Bank shall have no duty to investigate or make any determination as to whether a default exists under any agreement between the Customer and the Secured Party and shall comply with a Notice of Exclusive Control even if it believes that no such default exists. This Agreement does not create any obligation or duty for the Bank other than those expressly set forth herein.
Responsibility of the Bank. The Bank, its officers, agents, and employees shall not be liable for errors of judgment either in holding Collateral initially delivered to it or in acquiring and afterwards holding additional Collateral as instructed by Member; nor for any loss arising out of any investment; nor for any depreciation in the value of any Collateral held by the Bank pursuant to this Agreement; nor for any act, or omission to act, performed or omitted by the Bank, its officers, employees, or agents, in the execution of this custodianship in good faith. The Bank shall be responsible for the safekeeping of any Collateral held by it pursuant to these Terms and Conditions, but in no event shall the Bank be liable to Member or Depositor for any special, consequential, incidental or punitive damages.
Responsibility of the Bank. 7.2.1. The Bank is responsible for violations associated with banking activity in accordance with legislation of the Republic of Kazakhstan. In any cases responsibility of the Bank upon violation of conditions of the Agreement is limited to the value of actual loss incurred to the Client in case of illegal actions/inactions of the Bank. For reimbursement of actual loss, the Client shall apply to the Bank in writing with attachment of confirming documents and indication of the amount of actual loss. After receipt of the above documents, the Bank will take decision upon request of the Client.
Responsibility of the Bank. (a) In the performance of its duties hereunder, the Bank shall be obligated to exercise care and diligence and to act in good faith and to use its best efforts to assure the accuracy and completeness of all services performed under this Agreement. Except as provided in (b) below, the Bank shall be responsible for all direct losses occasioned by the Bank's negligent failure to perform its duties under this Agreement, including but not limited to losses related to inaccuracies in the daily reports (upon which the Company and its agents rely in calculating the Fund's net asset value and in determining whether the Company and the Funds are in compliance with the 1940 Act and the requirements of Subchapter M of the Internal Revenue Code of 1986 (as amended) to be provided under Paragraph 17 hereof or otherwise. However, the Bank shall not be liable for any incidental, consequential or punitive damages.
Responsibility of the Bank. 1. Bank shall have no responsibility or liability for any inaccuracy, interruption or delay in transmission and for claims occasioned by any circumstances, including any act or failure to act by a third person or entity, beyond Bank's reasonable control.
Responsibility of the Bank. With regard to operations made with the card for debit or credit cash withdrawals at ATMs or other terminals, the Bank shall be liable for the incorrect or unauthorised execution of an operation, even when the operation is executed through a device, terminal or equipment that is not under its direct or exclusive control, unless such device, terminal or equipment is not authorised by the Bank. In any event, the liability shall be limited to the amount of the incorrectly executed or unauthorised operation and provided that the Cardholder has not acted negligently or fraudulently. The Bank undertakes to keep an internal record of the operations carried out by the Cardholder in order to correct any errors that may occur.
Responsibility of the Bank. The Bank shall have no responsibility or liability to the Secured Party for executing settlements of Financial Assets held in the Account at the direction of the Customer or its authorized representatives, or complying with Entitlement Orders or other directions concerning the Account from the Customer or its authorized representatives, which are received by the Bank before the Bank has received, and had a reasonable opportunity to comply with, a Notice of Exclusive Control. The Bank shall have no responsibility or liability to the Customer for complying with a Notice of Exclusive Control or complying with Entitlement Orders or other directives concerning the Account originated by the Secured Party. The Bank shall have no duty to investigate or make any determination as to whether a default exists under any agreement between the Customer and the Secured Party and shall comply with a Notice of Exclusive Control even if it believes that no such default exists. The Customer and Secured Party represent and warrant to Bank that the Secured Party may issue a Notice of Exclusive Control hereunder without a default existing under any agreement to which the Customer and Secured Party are parties. This Agreement does not create any obligation or duty for the Bank other than those expressly set forth herein.
Responsibility of the Bank. (a) The Bank shall be under no duty to take any action on behalf of RSIM, the Fund or the Portfolio except as specifically set forth herein or as may be specifically agreed to by the Bank in writing. The Bank shall be obligated to exercise reasonable care and diligence in the performance of its duties hereunder, and to act in good faith in performing services provided for under this Agreement. The Bank shall be liable for any damages arising out of the Bank's failure to perform its duties under this Agreement to the extent such damages arise out of the Bank's willful misfeasance, bad faith, gross negligence or reckless disregard of such duties.
