Bank has established operating rules and security procedures for accepting payment orders, including both standard and additional procedures as set forth in Attachment A to this Wire Agreement (collectively, the “Security Procedures”). If Bank receives a Transfer request or instruction (each, a “payment order”) in accordance with the Security Procedures, it will be conclusively deemed authentic, Bank may rely on it and Bank is relieved of any and all liability in connection with the Transfer or Transfers reflected on that Transfer request, whether or not it was authorized. You are responsible for the accuracy of the initial communication of the Transfer request as well as the accuracy of any documentation or callback of the request made by Bank.
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In its sole discretion, Bank may, but is not required to, seek verification or other authorization of any EFT instruction or related communication in addition to the verification required under the Security Procedures (the “Optional Verification”). In seeking such Optional Verification, Bank may contact you by any means it deems reasonable in order to obtain assurance it deems reasonable as to the authenticity or other correctness of an EFT request or instruction. Bank has no obligation to perform any Optional Verification at any time. However, if upon attempting to obtain such Optional Verification, Bank is unable to do so to its satisfaction, then Bank may, in its sole discretion, either make the EFT or decline to make the EFT or follow the instructions or decline to follow the instructions. In such an event, Bank will not be liable to you for any actual loss of any kind or for any consequential, punitive or exemplary damages in any amount, provided that Bank has acted in good faith.
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