Common use of Notice of Errors; Limitation of Liability Clause in Contracts

Notice of Errors; Limitation of Liability. We will notify you in your periodic Account statement or other Account information made available to you of any credit to or debit from your Account resulting from any wire transfers, and we will not be required to provide any other notice to you. You agree to notify us in writing of any error or unauthorized wire transfers within fourteen (14) calendar days from the date we notify you of execution of the wire transfer, whether such notice is given by periodic statement or by any other means. Your failure to notify us within this time period will prevent you from asserting against us a claim for lost interest on an erroneous or unauthorized wire transfer. Furthermore, you will also be liable to us for any losses we may incur as a result of your failure to notify us within this fourteen (14) day time period. In addition to our limits on liability set forth elsewhere in this Agreement, if we do not exercise ordinary care and this causes a failure, delay or improper execution of a payment order, our liability shall be limited to an amount equal to interest losses attributable to such failure, delay or improper execution, which amount shall be calculated by using a rate equal to the average Federal Funds rate for that period.

Appears in 2 contracts

Sources: Online Services Agreement, Online Services Agreement

Notice of Errors; Limitation of Liability. We will notify you in your periodic Account statement or other Account information made available to you of any credit to or debit from your Account resulting from any wire transfers, and we will not be required to provide any other notice to you. You agree to notify us the Bank in writing of any error error, or unauthorized wire transfers within fourteen (14) calendar days from the date we notify the Bank notifies you of execution of the wire transfer, whether such notice is given by written advice, periodic statement or by any other means. Your failure to notify us the Bank within this time period will prevent you from asserting against us the Bank a claim for lost interest on an erroneous or unauthorized wire transfer. Furthermore, you will also be liable to us for any losses Losses we may incur as a result of your failure to notify us within this fourteen (14) day the time periodperiod set forth herein. In addition to our limits on liability set forth elsewhere in this Agreement, if we do not the Bank fails to exercise ordinary care and this causes that results in a failure, delay or improper execution of a payment order, our the Bank’s liability shall be limited to an amount equal to interest losses attributable to such failure, delay or improper execution, ; which amount shall be calculated by using a rate equal to the average Federal Funds rate for that period.

Appears in 1 contract

Sources: Business Account Agreement