Reso 2009-1489 - Laserfiche WebLink

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~ATIONOFL~BllXITES ALL SERVICES arHER THAN ELEcrRONIC FUNDS TRANSFER SERVICES We are liable to you only for actual damages incurred as a direct result of our failure to exercise re.asonable care in providing a Service. ELEcrnoNIC FUNDS TRANSFER SERVICES For Requests and Entries which are subject to UCC 4A, we are liable only for damages required to be paid under UCC 4A or the Fedwire Regulation, as applicable, except as otherwise agreed in this Booklet. For all Requests and Entries not subject to UCC4A and for all other obligations under the Electronic Funds Transfer Selvices sections, our liability is limited to actual damages, resulting directly from our willful misconduct or our failure to exercise reasonable care, not exceeding the following, as applicable: (i) in case of an excessive debit to your account., the amount of the excess plus compensation equivalent to interest; (ii) in case of payment to an account not specified by you, the amount of the payment plus compensation equivalent to interest; (ill) in case of any delay in crediting a debit Entry or DTC to your account, the amount of compensation equivalent to interest for the period of delay; or (iv) in all other cases, the actual damages incurred by you. You will use reasonable efforts to assist us in recovering the amount of any overpayment for which we are liable. Ifwe are obligated to pay interest compensation, we will pay such compensation or credit your account, as we detennine, upon your written request. We caJculate compensation for the relevant period as specified in the Account Agreement or as advised by your customer services representative. If you transmit a Request to us by way of a funds-transfer system or other third-party communications system not specifically required by us, the system is deemed to be your agent for that purpose. We are not liable to you for any discrepancy between the terms you transmit to such system and the terms it then transmits to us. ALL SERVICES In no event will we be liable for any indirect, consequential or punitive loss, damage, cost or expense of any nature or any economic loss or damage, expense and loss of business, profits or revenue, goodwill and anticipated savings, loss of or corl1lption to your data, loss of operation time or loss of contracts, even if advised of the possibility of such loss, damage, cost or expense. We will not be responsible for the acts or omissions of you or your officers, employees or agents (including but not limited to the amount, accuracy, timeliness or authorization of any instructions or information from you) or the acts or omissions of any other person or entity, including but not limited to any clearing house association or processor, any U.S. Federal Reserve Bank or any other country's central bank, any other financial institution or any Supplier, and no such person or entity will be deemed our agent. AD-AG-0455B (2004-2) 58