Common use of Our Liability for Failure to Make Transfers Clause in Contracts

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: (a) If, through no fault of ours, your account does not contain enough money to make the transfer. (b) If the transfer would go over any existing credit limit on your overdraft line, other credit account, or margin as applicable. (c) If your funds are being held or frozen or are subject to legal process. (d) If the Terminal where you are making the transfer does not have enough cash. (e) If the Terminal (or system) was not working properly and you knew about the breakdown when you started the transfer. (f) If circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transfer, despite reasonable precautions that we have taken. (g) If you have exceeded the limitations on frequency of transfers or dollar amount of transfers. (h) If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. (i) If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. (j) If making the transfer would cause us to violate any law, rule or regulation to which we are subject. (k) If your account is presumed abandoned under applicable law, or if we consider your account to be dormant or inactive under our policies and procedures. (l) If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). There may be other exceptions to liability stated in our account agreement or other agreements with you or otherwise provided by applicable law.

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your account Card on time or in the correct amount according to our agreement with youthis Agreement, we will be liable for your actual losses or damagesdamages proximately caused by us. However, there are some exceptions. We will not be liable, for instance: (a) : • If, through no fault of oursours or as provided in Section 7 hereto, your account Card does not contain enough money to make the transfer. (b) If the transfer would go over any existing credit limit on your overdraft line, other credit account, or margin as applicable. (c) . • If your funds are being held or frozen or are subject to legal process. (d) , court order, or other restriction prohibiting the transfer. • If the Terminal where you are making the transfer does not have enough cash. (e) . • If the Terminal (or system) was not working properly and you knew about the breakdown when you started the transfer. (f) transaction. • If circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transfer, despite reasonable precautions that we have taken. (g) . • If you have exceeded the limitations on frequency of transfers or dollar amount of transfers. (h) . • If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. (i) . • If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. (j) . • If making the transfer would cause us to violate any law, rule or regulation to which we are subject. (k) . • If your account is Card funds are presumed abandoned under applicable law, or if we consider your account Card to be dormant or inactive under our policies and procedures. (l) . • If a merchant, financial institution, or other party refuses to accept your Card. • If we have a reason to believe that the requested transaction is unauthorized. • If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). There may be other exceptions to liability stated in our account agreement or other agreements with you this Agreement or otherwise provided by applicable law.

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your account Card on time or in the correct amount according to our agreement with you, we will be liable for your actual losses or damages. However, there are some exceptions. We will not be liable, for instance: (a) : • If, through no fault of ours, your account Card does not contain enough money to make the transfer. (b) If the transfer would go over any existing credit limit on your overdraft line, other credit account, or margin as applicable. (c) . • If your funds are being held or frozen or are subject to legal process. (d) , court order, or other restriction prohibiting the transfer. • If the Terminal where you are making the transfer does not have enough cash. (e) . • If the Terminal (or system) was not working properly and you knew about the breakdown when you started the transfer. (f) . • If circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transfer, despite reasonable precautions that we have taken. (g) . • If you have exceeded the limitations on frequency of transfers or dollar amount of transfers. (h) . • If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. (i) . • If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. (j) . • If making the transfer would cause us to violate any law, rule or regulation to which we are subject. (k) . • If your account is Card funds are presumed abandoned under applicable law, or if we consider your account Card to be dormant or inactive under our policies and procedures. (l) . • If a merchant, financial institution, or other party refuses to accept your Card. • If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). There may be other exceptions to liability stated in our account agreement or other agreements with you this Agreement or otherwise provided by applicable law.

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your account Card on time or in the correct amount according to our agreement with youthis Agreement, we will be liable for your actual losses or damagesdamages proximately caused by us. However, there are some exceptions. We will not be liable, for instance: (a) : If, through no fault of ours, your account Card does not contain enough money to make the transfer. (b) If the transfer would go over any existing credit limit on your overdraft line, other credit account, or margin as applicable. (c) . If your funds are being held or frozen or are subject to legal process. (d) , court order, or other restriction prohibiting the transfer. If the Terminal where you are making the transfer does not have enough cash. (e) . If the Terminal (or system) was not working properly and you knew about the breakdown when you started the transfer. (f) transaction. If circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transfer, despite reasonable precautions that we have taken. (g) . If you have exceeded the limitations on frequency of transfers or dollar amount of transfers. (h) . If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. (i) . If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. (j) . If making the transfer would cause us to violate any law, rule or regulation to which we are subject. (k) . If your account is Card funds are presumed abandoned under applicable law, or if we consider your account Card to be dormant or inactive under our policies and procedures. (l) . If a merchant, financial institution, or other party refuses to accept your Card. If we have a reason to believe that the requested transaction is unauthorized. If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). There may be other exceptions to liability stated in our account agreement or other agreements with you this Agreement or otherwise provided by applicable law.

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Card account on time or in the correct amount according to our agreement Agreement with you, we will be liable for your losses or damagesdamages caused by us, but only to the extent expressly provided herein. However, there are some exceptions. We will not be liable, for instance: (a) If, through no fault of ours, you do not have enough funds available on your account does not contain enough money Card to make complete the transfertransaction. (b) If the transfer would go over any existing credit limit on your overdraft line, other credit account, or margin as applicable. (c) If your funds are being held or frozen or are subject to legal process. (d) If the Terminal automated teller machine where you are making the transfer does not have enough cash. (e) If the Terminal (or system) was not working properly and you knew about the breakdown when you started the transfer. (fc) If circumstances beyond our control (such as fire, flood or other natural disasters, telecommunication or electrical outages and malfunctions, postal strikes or delays, or computer system failures or natural disastersfailures) prevent the transfertransaction, despite reasonable precautions that we have taken. (gd) If you have exceeded the limitations on frequency of transfers or dollar amount of transfers, if any, as specified in this Agreement. (he) If your funds are being held or frozen or are subject to legal pro- cess, court order, or other restriction prohibiting the transaction. (f) If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. (ig) If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. (jh) If making the transfer would cause us to violate any law, rule or regulation to which we are subject. (ki) If your account is Card funds are presumed abandoned under applicable law, or if we consider your account Card to be dormant or inactive under our policies poli- cies and procedures. (lj) If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). . (k) For any failure of the Business to make any loads to the Card or any breach by the Business of its obligations to You. (l) If making the transfer would violate the Business’ policies and pro- cedures, or any other Card restriction imposed by the Business. (m) There may be other exceptions to liability stated in our account agreement Agreement or other agreements with you or otherwise other- wise provided by applicable law.

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: (a) A. If, through no fault of ours, your account does not contain enough money to make the transfer.; (b) B. If the transfer would go over any existing credit limit on your overdraft line, other credit account, or margin as applicable.; (c) C. If your funds are being held or frozen or are subject to legal process.; (d) D. If the Terminal where you are making the transfer does not have enough cash.; (e) E. If the Terminal (or system) was not working properly and you knew about the breakdown when you started the transfer.; (f) F. If circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transfer, despite reasonable precautions that we have taken.; (g) G. If you have exceeded the limitations on frequency of transfers or dollar amount of transfers.; (h) H. If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged.; (i) I. If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us.; (j) J. If making the transfer would cause us to violate any law, rule or regulation to which we are subject.; (k) K. If your account is presumed abandoned under applicable law, or if we consider your account to be dormant or inactive under our policies and procedures.; (l) L. If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). There may be other exceptions to liability stated in our account agreement or other agreements with you or otherwise provided by applicable law.

Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: (a) If, through no fault of ours, your account does not contain enough money to make the transfer. (b) If the transfer would go over any existing credit limit on your overdraft line, other credit account, or margin as applicable. (c) If your funds are being held or frozen or are subject to legal process. (d) If the Terminal where you are making the transfer does not have enough cash. (e) If the Terminal (or system) was not working properly and you knew about the breakdown when you started the transfer. (f) If circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transfer, despite reasonable precautions that we have taken. (g) If you have exceeded the limitations on frequency of transfers or dollar amount of transfersoftransfers. (h) If your Card or PIN has been reported lost or stolen, or if we suspect that the Card or PIN is being used fraudulently or in breach of the terms of this Agreement, or if your Card has been damaged. (i) If we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when received by us. (j) If making the transfer would cause us to violate any law, rule or regulation to which we are subject. (k) If your account is presumed abandoned under applicable law, or if we consider your account to be dormant or inactive under our policies and procedures. (l) If any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages). There may be other exceptions to liability stated in our account agreement or other agreements with you or otherwise provided by applicable law.