ally-bank-deposit-agreement.2011-07-18
ally-bank-deposit-agreement.2011-07-18
ally-bank-deposit-agreement.2011-07-18
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8. We and you agree that Transfer requests received by us are effective as the Transfer request<br />
of you, whether or not authorized, if we accepted the transfer request in compliance with the<br />
above security procedures.<br />
9. Ally shall have no liability for delays or mistakes, provided we act in good faith and with<br />
ordinary care. We shall not be responsible for delays or mistakes caused by others through<br />
whom we transmit funds whether selected by you or us. We will not be required to make the<br />
Transfer on the day on which the request is received, unless received within a reasonable time<br />
before any cut-off hour established by us. Gener<strong>ally</strong>, we will use the Federal Reserve Board<br />
funds transfer system, but we may use any means and routes that we, in our sole discretion,<br />
may consider suitable for the transmission of funds.<br />
10. You agree that we shall not be liable or responsible for any delay or failure to Transfer any<br />
amount requested because of rules, regulations, or policies of the Federal Reserve Board that<br />
limit, in the aggregate, the amount we can transfer from time to time during any Business<br />
Day, provided, however, that we promptly notify you of any such failure or delay and that we<br />
effectuate the Transfer as soon as is reasonably possible thereafter.<br />
11. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, OR<br />
INDIRECT LOSS OR DAMAGE, INCLUDING ATTORNEY FEES, SUFFERED BY YOU IN CONNECTION<br />
WITH THIS WT AGREEMENT OR ANY TRANSACTION COVERED BY THESE WT TERMS,<br />
REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN SUCH DAMAGES MIGHT BE<br />
INCURRED.<br />
12. We may terminate these WT Terms at anytime by giving written or oral notice to you. Unless<br />
terminated by us, this Agreement shall remain in effect until your account is closed or we<br />
receive your written notice of termination and have been afforded a reasonable opportunity to<br />
act on such notice. These WT Terms may not be assigned by you.<br />
13. These WT Terms are governed by the provisions of Federal law including Regulation J, 12<br />
C.F.R. Part 210, Subpart B and the appendices thereto, to the extent that the Transfer request<br />
was carried out. Terms that are not defi ned in these WT Terms shall have the same meanings<br />
as defi ned in Uniform Commercial Code Article 4A as adopted in the State of Utah. The WT<br />
Terms are also subject to all applicable operating circulars of the San Francisco Federal<br />
Reserve Bank and any other applicable provision of federal or state law. To the extent that<br />
Regulation J does not apply, these WT Terms are governed by the laws of the State of Utah.<br />
14. We may amend these WT Terms at any time, and any such amendment will become effective<br />
immediately upon your receipt of notice, in writing or electronic<strong>ally</strong>, or upon a later date<br />
specifi ed in such notice. No representation or statement not expressly contained in these WT<br />
Terms or in any amendment shall be binding upon you or us.<br />
15. If any term of these WT Terms is held to be invalid, illegal or unenforceable, the other terms<br />
shall not be impaired or affected.<br />
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