You acknowledge that under the Rules, Bank makes certain warranties with respect to each Entry. You agree to reimburse Bank for any loss Bank incurs, including its reasonable attorneys’ fees and legal expenses, as the result of a breach of a warranty made by Bank unless the breach resulted solely from Bank’s own gross negligence or intentional misconduct.
You and Bank agree that, if a particular account or loan through which Services are accessed or used is a true consumer account or loan (as defined in Regulations E and Z, respectively), then the terms and conditions of account agreements and disclosures applicable to that account or loan will control over conflicting terms and conditions in this Access Agreement. Each non-consumer Account (and its non-consumer Account owners) that is affiliated with a consumer account or loan (by ownership, control or otherwise) must reimburse, indemnify and defend Bank from and against all liabilities, costs and expenses incurred by Bank as a result of use of Services by that consumer.
The parties agree that time is of the essence in conducting the reference proceedings. Accordingly, the referee shall be requested, subject to change in the time periods specified herein for good cause shown, to (a) set the matter for a status and trial-setting conference within 15 days after the date of selection of the referee, (b) if practicable, try all issues of law or fact within 90 days after the date of the conference and (c) report a statement of decision within 20 days after the matter has been submitted for decision.
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