Laserfiche WebLink
<br />(b) Financial Institution shallbe liable onLy for Company's actual damages; in no eventshall <br />Financial Institution be liaÞle for. any consequential, special, incidenta4 punitive or indirect <br />loss or damage whìchCompany may incmor suffer in connection with this Agreement, <br />wbetheror not tbelik:élihood of such damages was known or contemplated by the Financial <br />Institution·and regardless of the legal or equitable theory of liability which CornpanyJ.1l4Y <br />a$sert, including, without limitation; loss or damage from subsequent wrongful dishonor <br />resulting from.Financial Institution's acts or omissions pW'Suanlto this Agreement. <br /> <br />(c) Without limiting the generality of the foregoing provisions, FiöancÍw IDstitution shall be <br />excused from failing to act or delay in acting if such failure or delay is caused by legal <br />constraint,interruptionof~ssion or communication facilities, equipmentfailure, war, <br />emergency conditions or other circumstances beyond Financial IDStitution's control. In <br />additioIl; Financial InstitQûonShallbe excusedftom failing to tra11smit or de.y in <br />tranSIIlitting. an Entry if such transmittal would result in·Financial Institution's having <br />exceeded any limitation upon its intnHlay netfunds position established purswmt to present <br />or future Federal ReserVe guidelines or in Financial Institution's reasonable judgment <br />otherwise violate any provision or any present or future rlskcoiitrolprogram of the Federal <br />Reserve or any role or regulation or any other U .s.governmen'talregulatQry authority. <br /> <br />(d) Subject to the foregoing limitations, Financial Institution's liability for loss of interest <br />resulting fróm its error or delay shall be calcu1ated by using ámte equal to the average <br />Federal Funds rate at the Federal ResérVe Financial Institution of Minneapolis for thepëriod <br />involved. At Financial Jostitution's option, payment of such interest may ~nuuie by <br />crediting the Account ~ting .ftomòrarising òU1 of anY cl,aim of any person that Financial <br />Institution isresponsîblefor any act or omission of Company or any other person described <br />in Section 15(a). <br /> <br />16. Inconsistencv Of Name And Account Number. <br /> <br />Company acknowledges and agrees that, if an Entry describes the Receiver inconsistently by <br />name and account number, payment of the Entry transmitted by Financiallnstitutü>n to the <br />Receiving Depository Financial Insûtution may be made by the Receiving Depository FinanCial <br />Institution (or by Financial Institution in the çase of anOn-U s Entry) on the basis of1he account <br />number supplied by the aompmy, even if it identifies a peIsondifferem from the named <br />Receiver, and that Company's obligation to pay the amount of the Entry to Financial Institution <br />is not exmJSed in such cirèuö1Sta1ices. . <br /> <br />17. Notifications of Chan ;te. <br /> <br />Financial InstituûollShall notify Company of all notifications ofchBn8e received by Financial <br />Institution relating to Entries transmitted þy Compàl1Y by mutually agreeable means, inch¡dìng <br />email, Dólater than two business daysafterreceipt.tbei'eofby phone, electronic transmissi~ <br />including e-mail, or in writing. <br /> <br />Page 7 of 12 <br />