Faulty Information Clause Samples

The Faulty Information clause defines the responsibilities and consequences when one party provides incorrect, misleading, or incomplete information during the course of an agreement. Typically, this clause outlines the obligation of each party to ensure the accuracy of any information they supply and may specify remedies or liabilities if faulty information leads to losses or contractual issues. Its core function is to allocate risk and encourage transparency, helping to prevent disputes arising from misinformation and ensuring that all parties can rely on the data exchanged.
Faulty Information. Bank shall be liable for any losses, other than consequential damages, proximately caused by its honor of a Check that was not properly payable, or its dishonor of a Check that was properly payable, if the honor or dishonor occurred because Bank: (a) should have shown the check on an Exception Check Report but failed to do so; or (b) showed the check on an Exception Check Report but referenced the wrong check number, unless Bank provided Company with timely information that disclosed the error.
Faulty Information. Subject to the limitations of liability contained in Article I of the Agreement and provided Customer provides correct information in the Issues Register, Bank shall be liable for losses proximately caused by its honor of a Check that was not properly payable, or its dishonor of a Check that was properly payable, if the honor or dishonor arose exclusively through its own fault and not the fault of or caused by any third person.
Faulty Information. COMPANY shall reimburse AEC for all shipping and other costs incurred with respect to the processing of an order if COMPANY caused information, other than the correct order information (as provided by a customer), to be provided to AEC.
Faulty Information. When using FC Services, you agree to provide Issue Data, disposition instructions and other information or instructions to us in the form and format that we specify. You assume full responsibility for the completeness and accuracy of all information furnished to us. You understand that it is important for the information to be exact (e.g., the correct amount of an item must include both dollars and cents). We are not responsible for detecting or correcting ambiguous, incomplete, untimely or inaccurate information provided by you. Our willingness to process nonconforming information will not be considered a waiver of any requirement of these Terms, and we may discontinue processing nonconforming information without prior notice.
Faulty Information. You agree to provide check information to us in the form, format and manner that we specify. You assume full responsibility for the completeness and accuracy of all information furnished to us. You understand that it is important for the information to be exact (for example, the correct amount of an item must include both dollars and cents). Our willingness to process nonconforming information will not be considered a waiver of any requirement of this Agreement, and we may discontinue processing nonconforming information without prior notice.
Faulty Information. Subject to the terms and conditions of the Cash Management Master Agreement, Bank shall be liable for losses, other than incidental or consequential damages, proximately caused by its honor of a check that was not properly payable, or its dishonor of a check that was properly payable, if the honor or dishonor occurred because Bank, in accordance with the provisions of Section 2 of this Appendix: (a) should have shown the check on an Exception Check Report but failed to do so; or (b) showed the check on an Exception Check Report but referenced the wrong check number, unless Bank provided Customer with timely information that disclosed the error.
Faulty Information. Bank shall be liable for any actual losses, other than consequential damages, approximately caused by its honor of a check that was not properly payable or its dishonor of a check that was properly payable if the honor or dishonor occurred because Bank, in accordance with the provisions of this Agreement: 1. Should have shown the check as an Exception Check but failed to do so; or 2. Showed the check on an Exception Check Report but referenced the wrong check number unless Bank provided Customer with timely correct information, or unless Customer had actual knowledge of the error. In no event shall Bank be liable for any incidental, consequential, special, punitive, or indirect loss or damage which Customer may incur or suffer in connection with this Agreement including without limitation loss or damage from subsequent wrongful dishonor resulting from Bank’s acts or omissions pursuant to this Agreement. Without limiting the generality of the foregoing provisions, Bank shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond Bank’s control. Subject to the foregoing limitations, Bank’s liability shall be limited to the extent that Customer has incurred a direct loss. Bank’s liability for loss of interest shall be calculated by the average Federal Funds rate at the Federal Reserve Bank of New York for the period involved. To the extent Customer suffers a loss under the Agreement, Bank assigns to Customer any claim Bank would have against a depositary or collecting bank to recover the loss, including any claim of breach of warranty under Sections 4‐207, 4‐208, and 4‐209.
Faulty Information. The Bank shall not be liable for any losses, other than consequential damages, proximately caused by its honor of a check that was not properly payable, or its dishonor of a check that was properly payable, if the honor or dishonor occurred because the Bank acts, in accordance with the provisions of Section 2.1, 2.4, 2.5, 2.6, and 2.7 of this Positive Pay Agreement: a. If the Bank honors a Check Exception in accordance with Section 2.1, 2.4, 2.5, and 2.6, such honor shall be rightful, and the Customer waives any right it may have to assert that the Check Exception was not properly payable under U.C.C. section 4-401; b. If the Bank should have shown the check as a Check Exception but failed to do so; or, c. If the Bank showed the check as a Check Exception but referenced the wrong check number, unless the Bank provided the Customer with timely information that disclosed the error.

Related to Faulty Information

  • Safety Information Any other bulletins may only be posted by mutual agreement between the Union and designated Management.

  • Property Information (a) The Parties agree that, prior to the Effective Date, Seller furnished to Purchaser (among other items) copies of the items set forth on Exhibit “C” attached hereto and incorporated herein if and to the extent the same existed, were in Seller’s possession or control, and concern the Property. (b) Purchaser has had an opportunity to review and copy any third party reports and other information which are in Seller’s files and which relate to the physical condition of the Real Property or the status of the governmental approvals or utility commitments for the Real Property (collectively, the “Property Condition”). In no event, however, is Seller required to furnish to Purchaser any internal reports, memoranda or other items prepared by Seller’s own employees, any proprietary information of Seller, any communications from Seller’s attorneys, or any third party reports dealing with matters other than the Property Condition (including without limitation any property appraisals, financial analyses, market analyses and other similar items). (c) The items referenced in Sections 3.02(a) and 3.02(b) above, together with all other information provided by Seller to Purchaser are referred to in this Agreement collectively as the “Property Information”. Purchaser acknowledges receipt of and the opportunity to the review the Property Information prior to the Effective Date. Notwithstanding any provision in this Agreement to the contrary, Purchaser agrees and acknowledges that: (i) the Property Information is delivered to Purchaser solely as an accommodation to Purchaser; (iii) Seller has not undertaken any independent investigation as to the truth, accuracy or completeness of any matters set out in or disclosed by the Property Information, except as otherwise specifically provided in this Agreement or the closing documents executed by Seller pursuant to this Agreement; (iii) the Property Information was delivered to Purchaser in its “AS IS” and “WITH ALL FAULTS” condition and Seller has not made and does not make any warranties or representations of any kind or nature regarding the truth, accuracy or completeness of the information set out in or disclosed by the Property Information, except as otherwise specifically provided in this Agreement or in the closing documents executed by Seller pursuant to this Agreement; and (iv) Seller shall have no liability or culpability of any kind or nature as a result of providing the Property Information to Purchaser or as a result of Purchaser’s reliance on any of the Property Information or any information set forth or referred to therein or disclosed thereby, except as otherwise specifically provided in this Agreement or in the closing documents executed by Seller pursuant to this Agreement.

  • Company Information Subscriber understands that the Company is subject to all the risks that apply to early-stage companies, whether or not those risks are explicitly set out in the Offering Circular. Subscriber has had such opportunity as it deems necessary (which opportunity may have presented through online chat or commentary functions) to discuss the Company’s business, management and financial affairs with managers, officers and management of the Company and has had the opportunity to review the Company’s operations and facilities. Subscriber has also had the opportunity to ask questions of and receive answers from the Company and its management regarding the terms and conditions of this investment. Subscriber acknowledges that except as set forth herein, no representations or warranties have been made to Subscriber, or to Subscriber’s advisors or representative, by the Company or others with respect to the business or prospects of the Company or its financial condition.

  • Third Party Information I understand, in addition, that the Company has received and in the future will receive from third parties confidential or proprietary information (“Third Party Information”) subject to a duty on the Company’s part to maintain the confidentiality of such information and to use it only for certain limited purposes. During the term of my employment and thereafter, I will hold Third Party Information in the strictest confidence and will not disclose to anyone (other than Company personnel who need to know such information in connection with their work for the Company) or use, except in connection with my work for the Company, Third Party Information unless expressly authorized by an officer of the Company in writing.

  • Facility Information The Product is: Renewable Energy Facility or Unit Specific; if so, complete the following: Name of Facility Location of Facility EIA number Online Date Renewable Energy Source specific; if so, state: Aggregator area specific. Use the following table for generator aggregation programs: REC Delivery Unit Specific Generating Renewable Energy Unit / Renewable Energy Source Generating Renewable Energy Aggregation Program / Renewable Energy Sources Location of Generator or Area of Aggregation