Common use of LIABILITY FOR ERRORS AND OMISSIONS Clause in Contracts

LIABILITY FOR ERRORS AND OMISSIONS. If DUCA makes an error or omission in recording or processing any Transaction, DUCA is only liable for the amount of the error or omission if the Member or Authorized Signatories or Authorized Users have not caused or contributed to the error or omission in any way, has complied with the Account Contract, has given written notice to DUCA within the time provided in this Account Contract, and to the extent the liability is not otherwise excluded by the Account Contract. If the Member has given such notice, DUCA ’s maximum liability is limited to the amount of the error or omission. In no event will DUCA be liable for any delay, inconvenience, cost, loss, or damage (whether direct, special, indirect, exemplary, or consequential) whatsoever caused by, or arising from, any such error or omission.

LIABILITY FOR ERRORS AND OMISSIONS. If DUCA makes an error or omission in recording or processing any Transaction, DUCA is only liable for the amount of the error or omission if the Member or Authorized Signatories or Authorized Users have has not caused or contributed to the error or omission in any way, has complied with the Account Contract, has given written notice to DUCA within the time provided in this Account Contract, and to the extent the liability is not otherwise excluded by the Account Contract. If the Member has given such notice, DUCA ’s maximum liability is limited to the amount of the error or omission. In no event will DUCA be liable for any delay, inconvenience, cost, loss, or damage (whether direct, special, indirect, exemplary, or consequential) whatsoever caused by, or arising from, any such error or omission.