OUR MAXIMUM LIABILITY. Unless provided elsewhere in this Agreement, our maximum liability is the lesser of your actual damages proved or the amount of the missing deposit, forgery, alteration or other unauthorized withdrawal, reduced in all cases by the amount of the loss that could have been avoided by your use of ordinary care. We are not liable to you for any consequential losses or damages of any kind, including loss of profits or attorneys’ fees incurred by you.
Appears in 2 contracts
Sources: Banking Agreement, Cit Bank Agreement for Personal Accounts