Common use of Amendments and Cancellations Clause in Contracts

Amendments and Cancellations. 8.1. A Payment Order may be canceled by the Customer, provided the cancellation instruction is received by the Bank, and verified pursuant to the Security Procedures in effect, at a time and in a manner affording the Bank a reasonable opportunity to act prior to the Bank’s acceptance of the Payment Order. 8.2. The Bank is not obligated to amend or cancel a Payment Order after acceptance, but if in Bank’s sole discretion, it agrees with Customer to do so, it may condition such amendment or cancellation upon compliance with the Security Procedures. Any cancellation of a Payment Order by the Bank shall relieve the Bank of any obligation to act on such Payment Order and any amendment of a Payment Order by the Bank shall relieve the Bank of any obligation to act on such Payment Order in its un-amended form. 8.3. Customer acknowledges and agrees that after a Payment Order has been accepted by the beneficiary’s bank, return of such funds must be authorized by the beneficiary and Bank has no responsibility to procure the return of such funds. If Customer asks Bank to recover funds which Bank has already transferred, Bank shall be under no obligation to do so. If Customer deposits with Bank an amount reasonably determined in good faith by Bank to approximate the costs and expenses (including attorney’s fees) which Bank may incur in attempting to recover the funds transferred, Bank may, in its sole discretion make an attempt to recover the funds. In lieu of such a deposit, Bank may request Customer to provide a bond or other assurance of payment reasonably satisfactory to Bank. Upon such deposit, or the supplying of such other assurance, Bank may take such action as it deems reasonable under the circumstances, including, for example, sending a request to reverse the transfer to any Bank that received such funds. In no event, however, shall the Bank be deemed to have guaranteed or otherwise assured the recovery of any portion of the amount transferred, nor to have accepted responsibility for any amount transferred.

Appears in 2 contracts

Sources: Business Online Banking and Cash Management Services Master Agreement, Business Online Banking and Cash Management Services Master Agreement

Amendments and Cancellations. 8.1. a. A Payment Order Wire Transfer may be canceled by the Customer, provided the cancellation instruction is received by the Bank, and verified pursuant to the Security Procedures in effect, at a time and in a manner affording the Bank a reasonable opportunity to act prior to the Bank’s acceptance of the Payment OrderWire Transfer. 8.2. The b. Bank is not obligated to amend or cancel a Payment Order Wire Transfer after acceptance, but if in Bank’s sole discretion, it agrees with Customer to do so, it may condition such amendment or cancellation upon compliance with the Security Procedures. Any cancellation of a Payment Order Wire Transfer by the Bank shall relieve the Bank of any obligation to act on such Payment Order Wire Transfer and any amendment of a Payment Order Wire Transfer by the Bank shall relieve the Bank of any obligation to act on such Payment Order Wire Transfer in its un-amended form. 8.3. c. Customer acknowledges and agrees that after a Payment Order Wire Transfer has been accepted by the beneficiary’s bank, return of such funds must be authorized by the beneficiary and Bank has no responsibility to procure the return of such funds. If Customer asks Bank to recover funds which Bank has already transferred, Bank shall be under no obligation to do so. If Customer deposits with Bank an amount reasonably determined in good faith by Bank to approximate the costs and expenses (including attorney’s fees) which Bank may incur in attempting to recover the funds transferred, Bank may, in its sole discretion make an attempt to recover the funds. In lieu of such a deposit, Bank may request Customer to provide a bond or other assurance of payment reasonably satisfactory to Bank. Upon such deposit, or the supplying of such other assurance, Bank may take such action as it deems reasonable under the circumstances, including, for example, sending a request to reverse the transfer to any Bank financial institution that received such funds. In no event, however, shall the Bank be deemed to have guaranteed or otherwise assured the recovery of any portion of the amount transferred, nor to have accepted responsibility for any amount transferred.

Appears in 1 contract

Sources: Treasury Management Agreement

Amendments and Cancellations. 8.1. A Payment Order may be canceled by the CustomerMember, provided the cancellation instruction is received by the BankFinancial Institution, and verified pursuant to the Security Procedures in effect, at a time and in a manner affording the Bank Financial Institution a reasonable opportunity to act prior to the BankFinancial Institution’s acceptance of the Payment Order. 8.2. The Bank Financial Institution is not obligated to amend or cancel a Payment Order after acceptance, but if in BankFinancial Institution’s sole discretion, it agrees with Customer Member to do so, it may condition such amendment or cancellation upon compliance with the Security Procedures. Any cancellation of a Payment Order by the Bank Financial Institution shall relieve the Bank Financial Institution of any obligation to act on such Payment Order and any amendment of a Payment Order by the Bank Financial Institution shall relieve the Bank Financial Institution of any obligation to act on such Payment Order in its un-amended un‐amended form. 8.3. Customer Member acknowledges and agrees that after a Payment Order has been accepted by the beneficiary’s bankfinancial institution, return of such funds must be authorized by the beneficiary and Bank Financial Institution has no responsibility to procure the return of such funds. If Customer Member asks Bank Financial Institution to recover funds which Bank Financial Institution has already transferred, Bank Financial Institution shall be under no obligation to do so. If Customer Member deposits with Bank Financial Institution an amount reasonably determined in good faith by Bank Financial Institution to approximate the costs and expenses (including attorney’s fees) which Bank Financial Institution may incur in attempting to recover the funds transferred, Bank Financial Institution may, in its sole discretion make an attempt to recover the funds. In lieu of such a deposit, Bank Financial Institution may request Customer Member to provide a bond or other assurance of payment reasonably satisfactory to BankFinancial Institution. Upon such deposit, or the supplying of such other assurance, Bank Financial Institution may take such action as it deems reasonable under the circumstances, including, for example, sending a request to reverse the transfer to any Bank financial institution that received such funds. In no event, however, shall the Bank Financial Institution be deemed to have guaranteed or otherwise assured the recovery of any portion of the amount transferred, nor to have accepted responsibility for any amount transferred.

Appears in 1 contract

Sources: Master Cash Management Agreement

Amendments and Cancellations. 8.19.1. A Payment Order may be canceled by the CustomerCompany, provided the cancellation instruction is received by the BankFinancial Institution, and verified pursuant to the Security Procedures in effect, at a time and in a manner affording the Bank a reasonable opportunity to act prior to the Bank’s acceptance of the Payment Order.a 8.29.2. The Bank Financial Institution is not obligated to amend or cancel a Payment Order after acceptance, but if in BankFinancial Institution’s sole discretion, it agrees with Customer Company to do so, it may condition such amendment or cancellation upon compliance with the Security Procedures. Any cancellation of a Payment Order by the Bank Financial Institution shall relieve the Bank Financial Institution of any obligation to act on such Payment Order and any amendment of a Payment Order by the Bank Financial Institution shall relieve the Bank Financial Institution of any obligation to act on such Payment Order in its un-amended form. 8.39.3. Customer Company acknowledges and agrees that after a Payment Order has been accepted by the beneficiary’s bankfinancial institution, return of such funds must be authorized by the beneficiary and Bank Financial Institution has no responsibility to procure the return of such funds. If Customer Company asks Bank Financial Institution to recover funds which Bank Financial Institution has already transferred, Bank Financial Institution shall be under no obligation to do so. If Customer Company deposits with Bank Financial Institution an amount reasonably determined in good faith by Bank Financial Institution to approximate the costs and expenses (including attorney’s fees) which Bank Financial Institution may incur in attempting to recover the funds transferred, Bank Financial Institution may, in its sole discretion make an attempt to recover the funds. In lieu of such a deposit, Bank Financial Institution may request Customer Company to provide a bond or other assurance of payment reasonably satisfactory to BankFinancial Institution. Upon such deposit, or the supplying of such other assurance, Bank Financial Institution may take such action as it deems reasonable under the circumstances, including, for example, sending a request to reverse the transfer to any Bank financial institution that received such funds. In no event, however, shall the Bank Financial Institution be deemed to have guaranteed or otherwise assured the recovery of any portion of the amount transferred, nor to have accepted responsibility for any amount transferred.

Appears in 1 contract

Sources: Wire Transfer Agreement