Wrongful Dishonor. Except as provided below, it shall constitute wrongful dishonor by Bank if Bank dishonors a Check for which Customer has not issued a Return Request on an Exception Item.
Wrongful Dishonor. Except as provided in this section, it shall constitute wrongful dishonor by Bank if Bank dishonors an Exception Check: (a) that Bank has been ordered to pay pursuant to a Pay Request, or (b) for which Company has not issued a Return Request under the pay default option. Bank’s liability for wrongful dishonor of an Exception Check shall be limited to the damages for wrongful dishonor recoverable under U.C.C. Articles 3 and 4. Notwithstanding the foregoing, Bank shall have no liability to Company for wrongful dishonor when Bank, acting in good faith, returns an Exception Check: (i) that it reasonably believed was not properly payable; (ii) if there are insufficient Available Funds on deposit in the Authorized Account; or (iii) if required to do so by the service of legal process on Bank or the instructions of regulatory or government authorities or courts.
Wrongful Dishonor. Bank’s Wrongful Honor shall be limited to the lesser of the amount of the wrongfully paid Presented Check or Company’s actual damages resulting from Bank’s payment of the Presented Check. Bank retains the right to assert the defense that Company has sustained no actual damages because Bank’s Wrongful Honor discharged for value an indebtedness of Company. Bank also retains the right to assert Company’s failure to exercise reasonable promptness or ordinary care under the UCC. Nothing herein shall constitute a waiver or limitation of the rights of Bank under the UCC. Bank’s liability for wrongful dishonor of a Presented Check shall be limited to the damages for wrongful dishonor recoverable under UCC Articles 3 and 4; provided, however, that Bank shall have no liability to Company for wrongful dishonor when Bank, acting in good faith, returns a Presented Check: (i) that it reasonably believed was not properly payable; or (ii) if required to do so by the service of legal process on Bank or the instructions of regulatory or government authorities or courts. Company agrees that Bank exercises ordinary care whenever it pays or returns a Presented Check consistent with the provisions of this Agreement.
Wrongful Dishonor. It shall not constitute wrongful dishonor by FI if
Wrongful Dishonor. In the event of wrongful dishonor which occurs by mistake, our liability shall be limited to actual damages you prove. In the event of a dishonor of any check, share draft or other debit on your account, our determination of whether sufficient funds exist in your account may be made at any time between the time the item is received and the time it is returned.
Wrongful Dishonor. Bank will have no liability to Customer for wrongful dishonor of any debit when the Bank acted in good faith, or when Bank returned an Exception Item it had reason to believe was not properly payable, or if there were insufficient funds in the account to pay the item, or if Bank believes that it is required to do so due to legal or regulatory considerations.
Wrongful Dishonor. With the exceptions that follow, it will be wrongful dishonor by us if we dishonor: (a) a Suspect Item and we have received a timely Pay Request Disposition Instruction for that item from you; or (b) when no disposition instruction was received from you regarding the item and your Payment Default Method is “Pay All.” If there is wrongful dishonor, we will be liable to you, but our liability will be limited to the damages for wrongful dishonor recoverable under California Commercial Code Divisions 3 and 4. Our liability may also be limited by other provisions of these Terms or this Agreement, unless otherwise prohibited by a law that may not be altered or waived by the parties. As exceptions to the above regarding wrongful dishonor, we will have no liability for wrongful dishonor if we return an item or Converted Check Entry because: (a) we reasonably believed it was not properly payable; (b) there are insufficient available funds on deposit in the Account on which it is drawn; (c) you have otherwise failed to meet any requirement of these Terms; or (d) we are required or permitted not to honor it by any law, rule or regulation (including clearinghouse, ACH or card association rules), or by any other agreement between you and us (e.g., due to service of legal process on us, sanctions laws, to protect ourselves against loss on the item or any overdraft or loan, at the instructions of regulatory or government authorities or courts or otherwise).
Wrongful Dishonor. Except as provided below, it shall constitute wrongful dishonor by Bank if Bank dishonors an Exception Check listed in a timely Exception Check Report unless: (a) Company has issued a Return Request, or (b) Company has selected the return default option and has not issued a Pay Request. In the event there is wrongful dishonor: Bank’s liability for wrongful dishonor of an Exception Check shall be limited to the damages for wrongful dishonor recoverable under UCC Articles 3 and 4. Notwithstanding Section 5.3.1, Bank shall have no liability to Company for wrongful dishonor when Bank, acting in good faith, returns an Exception Check: (i) that it reasonably believed was not properly payable; or (ii) if there are insufficient Available Funds on deposit in the Account; or (iii) if required to do so by the service of legal Process on Bank or the instructions of regulatory or government authorities or courts. Rightful Payment and Dishonor. Except as provided in Section 5.5 below: If Bank dishonors an Exception Check in accordance with a Return Request issued by Company, such dishonor shall be deemed rightful, and Company waives any right it may have to assert that the dishonor was wrongful under UCC §4-402. Company agrees that Bank exercises ordinary care whenever it rightfully pays or returns an Exception Check consistent with the provisions of this Subpart. Faulty Information. Bank shall be liable solely for Company’s actual damages that are proximately caused by Bank’s honor of a Presented Check that was not properly payable, or its dishonor of a Presented Check that was properly payable, if the honor or dishonor occurred because Bank, in accordance with the provisions of Section 4 of this Subpart: (a) should have shown the Presented Check on an Exception Check Report, but failed to do so; or (b) showed the Presented Check on an Exception Check Report but referenced the wrong check number, unless Bank provided Company with timely information that disclosed the error.
Wrongful Dishonor. Bank’s liability to Customer for any Presented Check erroneously paid by Bank in breach of this Section Eight (“Bank’s Wrongful Honor”) shall be limited to the lesser of the amount of the wrongfully paid Presented Check or Customer’s actual damages resulting from Bank’s payment of the Presented Check. Bank retains the right to assert the defense that Customer has sustained no actual damages because Bank’s Wrongful Honor discharged for value an indebtedness of Customer. Bank also retains the right to assert Customer’s failure to exercise reasonable promptness or ordinary care under the UCC. Nothing herein shall constitute a waiver or limitation of the rights of Bank under the UCC. Bank’s liability for wrongful dishonor of a Presented Check shall be limited to the damages for wrongful dishonor recoverable under UCC Articles 3 and 4; provided, however, that Bank shall have no liability to Customer for wrongful dishonor when Bank, acting in good faith, returns a Presented Check: (i) that it reasonably believed was not properly payable; or (ii) if required to do so by the service of legal process on Bank or the instructions of regulatory or government authorities or courts. Customer agrees that Bank exercises ordinary care whenever it pays or returns a Presented Check consistent with the provisions of this Section Eight.
Wrongful Dishonor. Except as provided below, it shall constitute wrongful dishonor by Bank if Bank by reason of this Agreement dishonors a check which was not an Exception Check, or if Bank by reason of this Agreement dishonors an Exception Check if: (a) Customer issued a timely Pay Request, or (b) Customer selected the pay default option and did not issue a Return Request.
