Item Processing Services. (i) M&I shall perform for Customer those certain Item Processing Services described in Schedule 5.4 for which Customer agrees to ------------ pay M&I in accordance with the fees specified in the Fee Schedule. (ii) M&I and Customer agree to perform their respective responsibilities associated with Item Processing Services in accordance with the procedures established by M&I as modified from time to time. A copy of M&I's procedure has been or will be provided to Customer. (iii) M&I agrees that solely with respect to the Item Processing Services provided under Schedule 5.4, such Item Processing ------------ Services shall be performed in a commercially reasonable manner and no other or higher degree of care. M&I assumes no other obligation as to performance or quality of the Item Processing Services provided. Subject to the first sentence in this subparagraph (iii), M&I shall not be responsible for any loss or damage to Customer arising as a result of any action or inaction on the part of M&I including, but not limited to, indirect, incidental, or consequential damages, lost profits, or business operation loss. Provided M&I has performed in a commercially reasonable manner, in the event of errors resulting from M&I's provision of the Item Processing Services, M&I's sole obligation and Customer's sole remedy, shall be for M&I to correct such errors, if possible, and to review its systems and procedures for the purpose of implementing changes to prevent a future occurrence of a similar error.
Appears in 1 contract
Item Processing Services. (i) A. M&I shall perform for Customer those certain Item Processing Services described in Schedule 5.4 5.5 for which Customer agrees to ------------ pay M&I in accordance with the fees specified in the Fee Schedule.
(ii) B. M&I and Customer agree to perform their respective responsibilities associated with Item Processing Services Service in accordance with the procedures established by M&I as modified from time to time. A copy of M&I's procedure has been or will be provided to Customer.
(iii) C. M&I agrees that solely with respect to the Item Processing Services provided under Schedule 5.45.5, such Item Processing ------------ Services shall be performed in a commercially reasonable manner and no other or higher degree of care. M&I assumes no other obligation as to performance or quality of the Item Processing Services provided. Subject to the first sentence in this subparagraph (iii), M&I shall not be responsible for any loss or damage to Customer arising as a result of any action or inaction on the part of M&I including, but not limited to, indirect, incidental, or consequential damages, lost profits, or business operation loss. Provided M&I has performed in a commercially reasonable manner, in In the event of errors resulting from M&I's M&I provision of the Item Processing Services, M&I's sole obligation and Customer's sole remedy, shall be for M&I to correct such errors, if possible, and to review its systems and procedures for the purpose of implementing changes to prevent a future occurrence of a similar error.
Appears in 1 contract
Sources: Outsourcing Agreement (Florida Business Bancgroup Inc)
Item Processing Services. (i) M&I shall perform for Customer those certain Item Processing Services described in Schedule 5.4 5.5 for which Customer agrees to ------------ pay M&I in accordance with the fees specified in the Fee Schedule.
(ii) M&I and Customer agree to perform their respective responsibilities associated with Item Processing Services in accordance with the procedures established by M&I as modified from time to time. A copy of M&I's procedure has been or will be provided to Customer.
(iii) M&I agrees that solely with respect to the Item item Processing Services provided under Schedule 5.45.5, such Item Processing ------------ Services shall be performed in a commercially reasonable manner and no other or higher degree of care. M&I assumes no other obligation as to performance or quality of the Item Processing Services provided. Subject to the first sentence in this subparagraph (iii), M&I shall not be responsible for any loss or damage to Customer arising as a result of any action or inaction on the part of M&I including, but not limited to, indirect, incidental, or consequential damages, lost profits, or business operation loss. Provided M&I has performed in a commercially reasonable manner, in In the event of errors resulting from M&I's provision of the Item Processing Services, M&I's sole obligation and Customer's sole remedy, shall be for M&I to correct such errors, if possible, and to review its systems and procedures for the purpose of implementing changes to prevent a future occurrence of a similar error.,
Appears in 1 contract
Sources: Outsourcing Agreement (Lehigh Acres First National Bancshares Inc)