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Res 2006-035
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Res 2006-035
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Last modified
8/2/2006 10:34:15 AM
Creation date
8/2/2006 10:18:33 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-35
Date
2/21/2006
Volume Book
166
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<br />-I <br /> <br />that any writ, summons, order, judgment or other document relating to or in conjunction <br />with any proceeding, suit or action may be served on you in such jurisdiction. <br /> <br />LIMITATION OF LIABILITIES <br /> <br />ALL SERVICES OTHER THAN ELECTRONIC FUNDS TRANSFER SERVICES <br />We are liable to you only for actual damages incurred as a direct result of our failure to <br />exercise reasonable care in providing a Service. <br /> <br />ELECTRONIC FUNDS TRANSFER SERVICES <br />For Requests and Entries which are subject to UCC 4A, we are liable only for damages <br />required to be paid under UCC 4A or the Fedwire Regulation, as applicable. except as <br />otherwise agreed in this Booklet. <br /> <br />-- <br /> <br />For all Requests and Entries not subject to UCC4A and for all other obligations under the <br />Electronic Funds Transfer Services sections, our liability is limited to actual damages, <br />resulting directly from our willful misconduct or our failure to exercise reasonable care, <br />not exceeding the following, as applicable: (i) in case of an excessive debit to your account, <br />the amount of the excess plus compensation equivalent to interest; (ii) in case of payment <br />to an account not specified by you, the amount of the payment plus compensation <br />equivalent to interest; (iii) in case of any delay in crediting a debit Entry or DTC to your <br />account, the amount of compensation equivalent to interest for the period of delay; or (iv) <br />in all other cases, the actual damages incurred by you. You will use reasonable efforts to <br />assist us in recovering the amount of any overpayment for which we are liable. <br /> <br />If we are obligated to pay interest compensation, we will pay such compensation or <br />credit your account, as we determine, upon your written request. We calculate <br />compensation for the relevant period as specified in the Account Agreement or as <br />advised by your customer services representative. <br /> <br />If you transmit a Request to us by way of a funds-transfer system or other third-party <br />communications system not specifically required by us, the system is deemed to be your <br />agent for that purpose. We are not liable to you for any discrepancy between the terms <br />you transmit to such system and the terms it then transmits to us. <br /> <br />ALL SERVICES <br />In no event will we be liable for any indirect, consequential or punitive loss, damage, <br />cost or expense of any nature or any economic loss or damage, expense and loss of <br />business, profits or revenue, goodwill and anticipated savings, loss of or corruption to <br />your data, loss of operation time or loss of contracts, even if advised of the possibility of <br />such loss, damage, cost or expense. <br /> <br />--. <br /> <br />We will not be responsible for the acts or omissions of you or your officers, employees or <br />agents (including but not limited to the amount, accuracy, timeliness or authorization of <br />any instructions or information from you) or the acts or omissions of any other person or <br />entity, including but not limited to any clearing house association or processor, any U.S. <br />Federal Reserve Bank or any other country's central bank, any other Financial institution <br />or any Supplier, and no such person or entity will be deemed our agent. <br />
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